child custody

Child custody hearing – sometimes you have to have one.

When a trial court is faced with a request to change child custody, it must first make a determination if there is proper cause or a change of circumstances since the last child custody order.  If a court determines that there is proper cause or a change of circumstances then the trial court must conduct[…]

Credibility

A divorce case of credibility.

On July 20, 2017, in the case of Guiles v. Guiles, the Michigan Court of Appeals issued an opinion affirming a trial court ruling awarding the wife $3,000.00 in spousal support for 10 years.  The Guiles case was a case of credibility.  The trial court determined that the wife was more believable than the husband[…]

role of fault

The role of fault – “He hit me and gave me a bloody nose.”

It just happens that one of the most common questions asked is the role of fault in a Michigan divorce and on July 18, 2017, the Michigan Court of Appeals addressed the issue in the case of Koch v. Koch.  The Koch marriage began in 1987 and ended October 17, 2014.  The parties had one[…]

legal residence

Changing legal residence and the Michigan Child Custody Act.

Imagine getting divorced and learning you finally got that promotion.  However, the promotion requires you to change your legal residence to California?   Maybe the shoe is on the other foot.  What if you just got divorced only to learn your ex wants to move to California? There is nothing illegal about changing legal residence.  In[…]

Child support

Case law update:  Retirement Statute of limitations.

A statute of limitations is a law that defines how long a person has to bring a legal action.  In some cases, it simply is time to move on.  For example, the current statute of limitations on unpaid child support is 10 years from the date the last payment is due.  So, if your child[…]

bias judge

Justice? – the case of the biased judge.

When things don’t go your way, it is easy to blame the decision on a biased judge.  A bias judge is a judge who has a prejudice in favor or against one thing, person or group compared with another.  It the context of a divorce or custody case emotions are often running high and an[…]

big mistake

We made a “BIG” mistake in the Judgment of Divorce.

What happens when you make a mistake in a Judgment of Divorce?  The answer is it depends.  If both parties agree, a mistake is easily corrected.  However, if the mistake favors one party, it is not always easy. In the case of Amante v. Amante, Mich App. Case No. 331542, the parties entered into a[…]

50/50 property

Consider fault when a 50/50 property division is not fair

Michigan is a no-fault divorce state and many people (and some lawyers) are of the belief that means only a 50/50 property division is fair.   While it is not uncommon for a divorce to result in property acquired during the marriage to be divided 50/50, it is not what Michigan law requires. In fact, fault[…]

Best interest of the child

Best interest of the child – The case of a stripper and the National Guard.

With a population of 21,000 people, Marquette Michigan may be considered a small town, however for the parties in Lessard v. Londo, Michigan Court of Appeals Docket No. 336156, the small town was home to a big problem involving the best interest of the child, age 16 months. Mr. Lessard met Ms. Londo on the[…]

Joint custody

Michigan legal update – Joint custody – Just say “know”.

This morning, I read an interesting article in The Detroit News advocating for a new custody law to promote a shared custody arrangement, which is often referred to as joint custody.  House Bill 4691, which was recently introduced by Rep. Jim Runestad, would joint custody and substantially equal parenting time as a starting point for[…]

Grandparent time

Grandparent time when both parents say NO.

On June 13, 2017, the Michigan Court of appeals issued a published opinion on Grandparent time.  In the case of Geering v. King et. al., Mich. App. No. 335794, the trial court made a determination that the biological parents were unfit and that grandparent time was in the children’s best interest notwithstanding the biological parent’s[…]

Divorce lawyer

Spare the Grey Hairs: 10 Way a Divorce Lawyer Can Save You Money and Aggravation

Here at Findling Law, we appreciate how anxious you may be to get your divorce over as soon as possible. In fact, you may be scrolling through the extensive library of divorce materials on our website right now, educating yourself on a variety of Michigan divorce law topics, as well as how to best prepare[…]

the needs of the parties

Alimony in Michigan – The needs of the parties.

Alimony and spousal support are payments made to support a former spouse.  Most attorneys use guidelines to estimate an alimony payment.  However, Michigan alimony law allows for an evaluation of the needs of the parties in determining alimony or spousal support, something that alimony guidelines don’t do. The most popular alimony guidelines take into consideration[…]

Change custody in Michigan

How to change custody in Michigan? The checklist

Figuring out how to change custody in Michigan can be complicated.  To make things less complicated, we created the “How to change custody in Michigan checklist” to help you navigate the process. How to change custody in Michigan – The checklist. Watch the “How to change custody in Michigan” video; You cannot just show up[…]

divorced

The Path Toward Your New Happiness: Resolutions for the Newly-Divorced

For the newly-divorced, the goals might be less about decluttering, a regular workout schedule, or eating clean. A divorce offers the chance to forge a path toward your new happiness.    Healthy Boundaries (It’s Not About Salad) During the course of your marriage, you and your spouse had a set of boundaries, often unspoken, about[…]

college and Michigan divorce

Can a court order a parent to pay for college in a Michigan divorce?

Markus Moos a University of Waterloo Professor conducted research published in Forbes magazine that millennials are earning less than their parents.  One way to curb this trend is to ensure that children attend college, which begs the question:  Can a court order a parent to pay for college in a Michigan divorce? Child support in[…]

Counselors

Counselors, Social Workers, and Psychologists: Which is right for your child?

Divorce can be a difficult experience, especially for kids. This can be a time when your child is truly struggling – with academics, personal relationships, or managing emotions and behaviors. A little extra help in dealing with this new situation can make all the difference. But, who do you turn to? Counselors, social workers, psychologists[…]

first responders divorce

First Responders divorce – a high risk profession

First Responders: At Risk for Divorce First Responders are individuals who are first on the scene of an accident or disaster, such as firefighters, police officers, or other law or medical personnel.  It’s no wonder why this unique category of professionals are considered to be at higher risk for troubled marriages and divorce. First Responders[…]

Status quo

Q: How are the bills paid during a divorce? A: Financial Status Quo Order

A breakdown in a marriage can also be a breakthrough in finding happiness regardless of how the marriage is ending.  While you may feel like life is in disorder, the bills still need to be paid which begs the question:  Who pays the bills during a divorce?  The answer can be found in a Financial[…]

Allard v. Allard

How the Allard III case killed post-nuptial agreements.

The Allard III case may have killed one of the most valuable tools in a Michigan divorce lawyers toolbox in drafting a separation agreement after parties marry.  Unlike a pre-nuptial agreement, which is entered into before a couple gets married and predetermines the outcome of a potential divorce, a post-nuptial agreement is entered after the parties[…]

Ending a Marriage When You Still Love Each Other

When a marriage is filled with anger, dysfunction, conflict, and even hate, it seems plausible and even reasonable that it should and will end in divorce. After all, marriage is a relationship built on love and respect that lasts until the end of time. Or at least until the love and respect run out and[…]

after divorce travel

Travelling Alone: Getting Away After Divorce or Separation

A bevy of emotions unleash during the process of separation or divorce … and rarely do any of them feel peaceful, settled or anything other than exhausting. Many people at this point consider taking a trip – however long or short – as a means of clearing their minds and bringing focus to their next[…]

divorce and special needs

Managing Divorce with a Special Needs Child

If you are a parent of a special needs child, you already know how much more challenging your days are providing care, education, treatments, and socialization for your child. Divorce is often an emotionally charged event for a couple with no children, quite a bit more so for a couple with children, and exceptionally challenging[…]

taxes on alimony

Paying (or not paying) taxes on Alimony (spousal support).

Alimony in Michigan When every dollar counts, paying (or not paying) taxes on alimony can be a big deal.  Under Michigan law, “Alimony” is the same as “Spousal Support” and are payments made to support a spouse after divorce.  The primary factors in determining an amount of alimony are the age, education, length of marriage[…]

Michigan divorce statistics

15 Mind-Blowing Michigan Divorce Statistics

Mind Blowing Michigan Divorce Statistics. Divorce is nothing new, nor is it something that rarely happens anymore. Everyone knows someone who has divorced. And, that is just as true here in the state of Michigan. Take a look at these mind-blowing Michigan Divorce Statistics.   All stats here refer to the year 2015 unless noted otherwise.[…]