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The decision to file for divorce can be painful. Sometimes more painful when you realize your spouse beat you to the punch. In this article, we will help you discover if your spouse (or friend) has already filed for divorce. Some lawyers will tell you that it is important to file for divorce first. The[…]
“By the time you read this line, I’ll be gone. . .” originates from a popular 1980’s sit-com by the name Dear John starring Judd Hirsch, premised the abandonment of his wife, who simply got up and left his relationship. Abandonment may be relevant in a Michigan divorce but is not an independent cause of action[…]
The rules of evidence are sometimes lost in the emotional turmoil of a Michigan divorce or custody case. However, the rules apply. The hearsay rule of evidence is one of the most important rules and is found in the Michigan Rules of Evidence (“MRE”) sections 801-806. Hearsay is a statement (an oral or written assertion or[…]
The recent headlines are rampant with outrageous child support awards. Take for example Blake Griffin, the star forward on the Detroit Pistons who was reportedly ordered by a Los Angelis Court to pay child support in the sum of $258,000.00 per month for the support to two minor children he had with his ex-fiancé, former[…]
In the first part of this three-section discussion of an effective divorce attorney-client relationship, meaningful communication was discussed. In this second installment, the concept of professionalism, as it relates to both attorney and client, is explored. Professional responsibility is a concept attorneys study as students. As an overall concept, professionalism is something we consider when[…]
You learn some big words in law school. Take for example the law school phrase, res ipsa loquitur, which is a legal principle that an occurrence of an accident implies negligence or escheat, which involves the forfeiture of property. While the phrase best interest of a child seems simple enough, applying the concept of what is[…]
The threshold requirement for custody modification was recently addressed by the Court of appeals in the case of Reyes v. Herron. The threshold requirement is proper cause or a change of circumstances. In Reyes v. Herron, Mr. Herron took an appeal from the trial court’s order denying his motion to change custody, parenting time and[…]
Can you have your spouse pay your attorney fees for a divorce or other family law case? The answer is yes! When someone starts to think about divorce, one of the first questions they have is how much is it going to cost? The cost of a divorce varies with the complexity of the case[…]
It may come as no surprise that emotions may run high in divorce and family law cases. While some matters are more amicable than others, others are extremely contentious, emotional, and simply draining. As an individual in the throes of such a case, it is often easy to overlook the fact that you and your[…]
One of the questions that invariably arises during family law cases is the subject of court. How often will I have to go to Divorce court? What happens when I go? And, do I even have to attend? While there is no secret formula or guaranteed answer, this article will attempt to address those common[…]
When a soon to be ex has a newborn child a Michigan divorce or Michigan child custody case can become more complicated, especially when the mother is breastfeeding. Breastfeeding and the Tender Years doctrine The Tender Years Doctrine is a legal principle from old English Common Law. The doctrine presumed that a child’s “tender years”[…]
For many, divorce is very personal and individualized. Every party has his or her own story. And, each person should have the right to share that story. One of the challenges presented in family law, is to share an individual’s story while framing it in legal context. What do I mean? Read on. The individual’s[…]
In the recent case of Medford v. Verkade, the trial court entered an opinion and order awarding full legal and primary physical custody of the parties’ minor child to the father (Mr. Medford). The trial court also awarded limited parenting time to the mother. Specifically, every other weekend, three nonconsecutive weeks per year, and certain holidays.[…]
Generally speaking, family law is notorious for high-conflict with emotions running high. Some cases involve thousands of dollars being spent purely out of spite or “principle.” When children are involved, parents sometimes put them in the middle of the dispute and exercise them as leverage. In short, some cases are incredibly difficult – both emotionally[…]
Note: This article on gun violence was co-authored by Kristina Bilowus of Findling Law, PLC. Kristina’s article was accepted for publication in the April 2018 State Bar of Michigan Family Bar Journal, an academic journal for divorce and family law practitioners in the State of Michigan. Firearm Relinquishment Law And Implementation Could Actually Save Lives[…]
A prior post discussed statutory waiting periods in Michigan for divorce matters. In this posting, the practical considerations with divorce timing are explored. Divorce timing – “I just want this to be over” Sound familiar? If this sounds like your mantra, you are not alone. Maybe the divorce has been several years in the making[…]
In family law, most cases settle prior to trial. In the event a settlement cannot be reached, a trial may be the only sensible option. Both scenarios have been discussed in prior posts. However, the procedure known as divorce arbitration is unique. As outlined below, divorce arbitration encompasses components found in both mediation and a[…]
Last week, trials in divorce matters were considered. As so many cases conclude with settlement, rather than litigation, this week’s discussion turns to mechanisms for getting a joint resolution. Settlement Negotiations In a sense, human beings learn to negotiate their entire lives. Within a divorce context, parties often discuss terms of their case with one[…]
In the media, the law is often portrayed playing out dramatically in a courtroom. In reality, very few cases proceed to trial, with family matters being no exception to the general rule. While excessive litigation may be the misnomer, the following information briefly outlines some family law considerations when considering a divorce trial. What a[…]
In some cases, a divorce represents the formality of a marriage that ended long ago. For others, the initiation of a divorce is a surprising and painful journey. In either scenario, Michigan law requires a minimum waiting period for divorce actions. The waiting periods, as outlined below, turn on whether or not minor children are[…]
The divorce process can run the gamut from conflict-filled and full of negative emotion to straightforward and amicable. Yours will be somewhere in between the two. The goal of the divorce is to dissolve the marriage, and that includes divvying up all the assets. Sometimes you need a forensic accountant to move the process along.[…]
Spousal support as we knew it Under the general principles in Michigan law and IRS regulations (IRC 71 and IRC 215), regarding an award of spousal support, the award is tax deductible to the person paying spousal support. Conversely, spousal support is taxable to the person receiving spousal support. The well-known axiom above had long been[…]
Free Divorce Pension Calculator. The Divorce Pension Calculator is a Google spreadsheet that you can use to calculate the marital portion of a pension benefit in a divorce. The Divorce Pension Calculator estimates the marital portion of a pension benefit utilizing the coverture fraction. While there are a few different ways to divorce as divorce[…]
Need someone to lean on during divorce? It may come as no surprise that a divorce may bring difficult times. The parties involved, the family, and even close friends may feel the impact of the process. You likely need someone to lean on. Emotions can range from relief, to despair, to anger, to hurt, to[…]
Every day or so, I receive a phone call from a potential client or lawyer concerning how to divide a pension plan in a Michigan divorce?Traditionally a pension benefit is a work related benefit where the benefit amount is defined by a pension plan. Unlike a defined contribution plan, which reflects a contributed benefit (think a[…]
Our goal is to achieve your goals. Qw are YOUR team of Michigan Divorce and Family Law Specialists.
Daniel J. DeBene
Mary Ann Joseph
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We know that life comes with uncertainty, and with change. Since 1957, Findling Law has been helping people navigate those changes without compromising principles. We practice exclusively in Michigan divorce and family law and are proud to bring you a team of exceptional attorneys who share in our core values. Our goal is to achieve your goals. We provide more free information about divorce and family law in Michigan than any other law firm in the state. Because you deserve to make educated decisions about your future. Take advantage of our free resources, then talk to us. We promise to help you navigate without compromise.
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