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Divorce

Sunday, March 29, 2020

Update: Corona Virus & Parenting Time In Michigan Under the March 23, 2020 Stay Home, Stay Safe Executive Order


On Friday, March 27, 27, 2020, I had the opportunity to be part of a zoom conference about family law and specifically parenting time in Michigan while the Stay Home, Stay Safe Order due to the Corona Virus is in effect.  There were several judges, friend of the court referees and divorce lawyers from across the state included in the conference.  There is no set law at this time, but it appears that the general consensus is parenting time should happen as folows.



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Saturday, March 28, 2020

Child Support in Michigan During the Corona Virus


The Corona Virus has caused a record high rate of unemployment.  That is a complete understatement but let's hope that the layoffs and unemployment will be a temporary situation.  Thinking optimistically most people that are fortunate to be working from home should be back to their places of employment in a matter of weeks and the unfortunate folks that are not getting paid shortly after that.  In the Interim, this has caused at the very least a temporary reduction in a massive number of people's incomes.

What Can I Do About My Child Support Obligation While I Am Living With This Temporary Income Reduction?

The courts, under Governor Whitmer's Stay Home, Stay Safe Executive Order of March 23, 2020, are only open to hear cases that involve essential functions or as as necessary to sustain or carry-on daily life.
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Thursday, March 26, 2020

Interstate Parenting Time Under the March 23, 2020 Stay Home, Stay Safe Order: Should I Put My Child On A Plane?


The Corona Virus has caused an enormous amount of disruption with all aspects of life in Michigan.  This includes limited access to the legal system, however courts are still allowing attorneys to file motions and are authorized to hear motions for essential functions and as necessary to maintain daily life.  This time of year with spring break coming up, many parents have questions about whether they are required to put the kids on a plane for court ordered parenting time with a noncustodial parent that lives in another state or whether they should do so to return the child to a custodial parent in another state after parenting time here in Michigan.

Today I was on a zoom conference with a panel of judges, friend of the court referees and family law attorneys discussing this very issue.  Unfortunately this situation is new for everyone involved but there did appear to be a consensus.
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Thursday, March 12, 2020

Five Frequently Asked Questions About QDROs


One of the complicated aspects of many divorces is the divisions of property and assets. Retirement accounts can be particularly difficult to divide because of the tax liabilities and penalties for early distributions. Our


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Monday, March 9, 2020

Should I File for Bankruptcy Before a Divorce?


Divorce is a common reason for filing for bankruptcy relief. In some cases, both spouses may need assistance from the bankruptcy court to overcome the financial stress caused by a divorce. In other cases, one spouse may need to file a bankruptcy case because of the divorce. In either case, it is wise to consult with experienced


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Friday, February 7, 2020

In a Michigan Divorce, Who Gets The House?


The house and other real estate is considered part of the property division involved in a divorce.  If one party wants to keep the house, then typically that spouse would have to "buy-out" the other spouse's fifty (50%) percent equity or offset that equity with other property of roughly equal value.  If neither party wants the house, then it will typically be sold and the parties will share the proceeds.   The court will divide all of the property in an "equitable" manner.  Usually this means roughly equal but that is not always true, sometimes the court will divide the property in a manner that awards one person slightly more of the property.


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Wednesday, January 29, 2020

Were You Blindsided By Your Spouse Filing For Divorce?


Q: My Spouse Filed For Divorce and I Was Completely Blind-sided.  What Do I Do?

I am sure that it feels like your world is coming apart right now and that everything that matters to you is falling apart.  Call your friends and family to talk about it.  Take deep breaths and concentrate on your breathing when you feel completely overwhelmed.  Consider consulting with a counselor, psychiatrist or social worker.


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Monday, January 20, 2020

Seven Tips to Increase Odds of Financial Success After a Divorce in Michigan


There are many consequences of getting a divorce in Michigan. One consequence overlooked by some individuals is the financial consequences of a divorce. Transitioning from one household to two separate households can be difficult. The couple now has to pay twice as much to support the family as it did when they were living under the same roof. Our


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Wednesday, January 15, 2020

Will A Court in Michigan Order Parenting Time (Visitation) at the Discretion of One Parent?


Custody and parenting time, which is sometimes referred to as child visitation in other states, is often the most difficult aspect of any divorce case.  These issues can be even more complicated where the prospective parents were not married and may have had only a casual dating relationship before the pregnancy.  In such situations, given the stressful nature of pregnancy, often


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Wednesday, January 8, 2020

Will a Divorce Court Order a Child to Get Vaccinations?


In recent years, Oakland County Michigan divorce attorneys often hear about cases where divorced or divorcing parents disagree about whether their child or children should be given various vaccinations.  Where the parents are still married it is clear that neither parent can force the other parent to have the child vaccinated.
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Tuesday, December 31, 2019

Divorcing for Medical Reasons


More often than not, Oakland County Michigan divorce attorneys hear clients complain that they want a divorce for common reasons like infidelity, addiction, abuse, or even because they just grew apart. Whatever the reason the marriage broke down, they want out—and the sooner the better.


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