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Property Division

Wednesday, August 5, 2020

Can My Spouse Get a Share of My Lawsuit Proceeds in a Divorce?


If a person is not able to handle their affairs or is deemed legally incompetent, then in most cases, the court will appoint a guardian to handle that person's affairs.  The guardian then can make decisions on that person's behalf for medical care, living arrangements and basically all of the person's affairs.  Because I am a divorce lawyer, a friend consulted me about having one of his client's get divorced because it would benefit the family as far as types of truly needed assistance that could be available to help this client.  The husband and the wife were not living together because the husband was in a nursing home suffering from alzheimer's, the wife was not capable of caring for him and the court appointed the son as his guardian.    

Can a Person Deemed Mentally Incompetent Get Divorced?

There are some situations where it is helpful for a person to get divorced because it will allow them to obtain needed government benefits that can assist with their living expenses and necessities that the person cannot qualify for when married.


Read more . . .


Friday, July 10, 2020

Can My Spouse Get a Share of My Inheritance in a Divorce in Michigan?


Divorce laws vary by state and can include very complicated issues.  One issue that comes up in almost every case is division of property and debts and even this can be very complicated.  If you are considering a divorce, it is a good idea to consult with a 


Read more . . .


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.


Read more . . .


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.


Read more . . .


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 . . .


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