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Property Division

Sunday, May 31, 2020

What Happens With the Home in a Divorce in Michigan?


There are many issues that one may face when they have to get a divorce.  If there are children, the primary issue will be custody and parenting time and how child support works.  If there is a significant income gap, then alimony or spousal support as it is called in Michigan, will be a major issue.  One issue that comes up in almost all divorce cases is what do we do with the marital home?

There are basically three options.  The first option is to sell the home and divide any proceeds or share any deficiency/debt.


Read more . . .


Tuesday, May 26, 2020

How Do I Find An Affordable Divorce Lawyer?


The question of how much a divorce will cost is one of the biggest concerns that many people have when faced with the possibility that the marriage might be over.  There are several costs involved in a divorce: the emotional toll, the division of property and debts, potential alimony or spousal support or child support.  Those costs are beyond the scope of this blog and are addressed throughout my website and in previous blogs.  Today I am addressing the issue of attorney fees.

If you have a relatively simple divorce matter and you and your spouse appear to be in agreement about how to handle custody and parenting time or how to divide your property and move forward, then you should be able to find an affordable divorce lawyer.


Read more . . .


Friday, May 1, 2020

Zoom and Court Proceedings in Michigan During Corona Virus Quarantine


While the governor has extended the stay home, stay safe executive order, some of the courts are now proceeding with hearings by Zoom.  This is true in at least Macomb and Wayne Counties.

How will I know if my hearing is going to proceed by Zoom?

Typically, the court will send out notice to all parties, including the attorneys and the actual people involved in the case.  IF you have not received notice and your case is scheduled for a hearing before May 15, 2020, the current quarantine deadline, then you should call the judge's clerk and attempt to contact the court.  If you cannot contact the court by phone, then you should file at the very least a notice that you are not appearing at the hearing because of the executive order and you have not received notice otherwise.


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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.


Read more . . .


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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Saturday, January 4, 2020

Michigan Divorce and a True Lothario


A Lothario, according to the Oxford Dictionary, is "a man who behaves selfishly and irresponsibly in his sexual relationships with women.  'they are seduced by a handsome Lothario who gains control of their financial affairs." 


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Tuesday, December 10, 2019

Considering Getting Divorced After the Holidays in Michigan?


Q: I Am Thinking About Filing For Divorce After the Holidays.  Is There Anything I Should Do Now?

When you’re getting divorced in Michigan, there can be many different issues to resolve.


Read more . . .


Wednesday, November 27, 2019

Property Division in a Michigan Divorce


Q: How is property divided in a divorce?

If you are confronted with the posibility of getting divorced in North Oakland, Michigan, you most likely will have property that must be divided.  The property and debt, regardless of whose name it is in, will have to be divided and this can be a difficult analysis in some cases.
Read more . . .


Saturday, September 28, 2019

What If I Think My Spouse is Hiding Money?


If a spouse is hiding money, there is often a paper trail that will show money disappearing from an account or other discrepancies like a difference between income the pay records from an employer reflect it is paying the spouse versus what the spouse is actually depositing in the account.  If you file for a divorce, a good family law attorney has several tools available to uncover this information and help recover these funds in the divorce settlement.  


Read more . . .


Thursday, September 19, 2019

Who Gets the Bank Account in a Divorce in Michigan?


One issue that arises in almost every divorce case is the division of property, even in short-term marriages.  All property that comes to the marriage through the efforts of either party during the marriage is generally considered marital regardless of which party may have earned the income, purchased the property or how it is titled.  Separate property is generally property that the parties had before the marriage but there are many ways it can lose it's separate nature during the marriage.  Marital proeprty is generally divided equally while separate property is awarded to the party that brought the property into the marriage. 

If you or your spouse has considerable premarital assets and are concerned about whether the court will divide that property between you, working with your 


Read more . . .


Saturday, August 31, 2019

When Dividing Property in a Divorce, Does the Court Have to Consider Tax Consequences?


There are many issues that one might face in a divorce, including but not limited to: custody, visitation, child support and alimony or spousal support.  However property division and division of debt are involved in almost every case.  This includes such things as the marital home, personal property, bank accounts and other tangible assets.  It also includes retirement accounts and pensions as well.  Assets like retirement accounts and pensions will require the spouse who withdraws the money to pay taxes on those funds before he or she gets the money, other assets do not have this tax issue.
Read more . . .


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