There are many common questions people have when they are either considering divorce or have already initiated the process. For example: How will our property and other assets be divided up? Who will the kids live with? What will happen to our family business? How...
Month: February 2015
Can I Date While I’m Still Going Through a Divorce?
While many divorces are very difficult and emotionally draining there are some people who can't wait to be done with their marriage and move on. For many people, getting divorced is the best thing that could happen to them given their circumstances. In fact, some...
Dividing Investments Upon Divorce
If you are considering divorce, or are already in the midst of getting one, it is critically important that you understand Michigan rules regarding the division of marital property. Many clients believe that they are not entitled to a share of a specific account or...
Preparing for Litigation in Your Divorce
We recommend that you try to settle any disputed issues with your spouse whenever possible, whether on your own (with your attorney's assistance) or with the help of a mediator. Sometimes, though, that just is not possible, and you end up litigating contested issues...
Is Bird’s Nest Parenting for Us?
There is a new trend in child custody arrangements that is slowly gaining popularity in the United States -- though it does not seem to be catching on as quickly as some would hope. Bird's nest parenting is a model of shared parenting time that some divorcing and...
Exploring the Benefits and Drawbacks of Mediation
Mediation has become an increasingly common way to settle disputes. In mediation, the two parties sit down with an impartial third party whose job it is to help them work out a settlement that is mutually advantageous. The mediator will help the parties reach an...
Establishing Child Support for Third-Party Custodians
Third parties may have custody of your child for a variety of reasons: You may be unable to care for your children due to physical or mental illness or addiction or you may be in the military and stationed overseas. As your child becomes a teenager, he may prefer to...
When Can You Deviate from Michigan’s Child Support Formula?
Michigan law provides a formula for calculating child support. The formula provides an amount of child support to be awarded in a specific case, and there is a rebuttable presumption that the amount arrived at through the formula is correct. If you ask the court to...
What’s Wrong With a $199 Divorce?
The Internet is flooded with ads promising that you can get a cheap, fast and easy divorce. While that may be true for some people, it is not common. Most married couples have invested many years and a great deal of energy into marriage, and the same is going to be...
What Happens to My Retirement Benefits When I Divorce?
Retirement benefits can be among the most significant assets acquired during a marriage. They can also mean the difference between a comfortable retirement and financial distress. That is why it is critical to protect your rights to retirement benefits during your...
What Constitutes a Child’s Best Interests in Divorce?
When parents divorce, a number of decisions are made that affect the children of the marriage. Among these decisions are the primary place of residence, time-sharing and custody issues, and, in some cases, the issue of relocation with one parent. When these decisions...
Do Michigan Grandparents Have the Right to See Their Grandchildren?
Grandparents and grandchildren have a special relationship. If you are a grandparent who is being denied the opportunity to spend time with your grandchild, Michigan law may be able to help you -- or it may not, depending on the specific circumstances. Even if your...
Domestic Violence Exploding in Michigan
According to statistics, a woman is assaulted every nine seconds in the United States. In Michigan alone, 68,500 women were victims of domestic and intimate partner violence in 2011. If you need protection from a violent partner, the court can issue a personal...
Does DNA Make You a Dad?
One could argue that there are a number of things that make a person a father, and DNA is one of them. The law assumes that the man who is married to or living with the mother of a child at the time of conception is the child's father. In certain cases, a presumed...
Divorce and its Stress on Children
Divorce can be a difficult time for children, and children handle stress in a variety of ways. As parents you can help your children manage the stress they may suffer from your divorce by employing some simple strategies and keeping the channels of communication open....
The Uses of Ex Parte and Temporary Orders
Once you decide to file for divorce, you probably want the process to be over as quickly as possible. Unfortunately, getting a divorce takes time. Temporary orders can protect you, your children and your property while the divorce is pending. Temporary orders The...
Can You Move Away from Your Marital Home And Take the Kids With You?
Many recently divorced people decide to move to another city. They may want to be closer to their families or to put their pasts behind them and start fresh somewhere else. This impulse is understandable, but if you have minor children, your ability to move may be...
Can I Keep My Separate Assets From Division During Divorce?
In divorce proceedings, Michigan law divides property according to equitable distribution. The word equitable implies that the court attempts to be fair in the division of the marital property, taking into consideration how much each spouse earned, how each spouse...
Myland v. Myland (2010) The Imprecise Nature of Spousal Support in Michigan
If you are contemplating divorce, you may already know that child support in Michigan is usually determined by a formula. You plug in the income of each party, the number of overnights awarded to each parent and certain specific expenses (such as health insurance),...
More Women are Requesting Premarital Agreements
The American Academy of Matrimonial Lawyers has released a recent study showing an increase in the number of premarital agreements requested by clients. The survey also showed an increase of 46 percent in the number of women who are seeking such agreements. The survey...
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