Michigan divorce steps video webinar

With over 21,000 views in just a few years we decided it was time to update another of our most popular webinars. The Michigan Divorce Steps (Michigan Divorce Process) video webinar provides the most updated information on the steps of a Michigan divorce. We believe that knowledge is not only comforting but will put you[…]

Michigan alimony

Michigan Alimony and Spousal Support video webinar

After 109,000 views over 6 years we decided it was time to update one of our most popular webinars. The Alimony in Michigan (Michigan Spousal Support) video webinar provides the most updated information on Alimony in Michigan We believe that knowledge is not only comforting but will put you in control of your situation which[…]

Divorce process in Michigan

How to file divorce in Michigan in three steps?

Although the decision to divorce may not be easy, the basic documents to file divorce in Michigan are not complicated. In fact, most of the documents are available online and free from the Michigan State Court Administrative Office (“SCAO”). The SCAO provides basic forms to help people representing themselves navigate the court system. Most Michigan[…]

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Child Custody Laws in Michigan – The case of Farris v. Farris

On December 17, 2019, the Michigan Court of Appeal issued an opinion in the case of Kristina Reslin Farris vs. Eric Daniel Farris. The case examines child custody laws of Michigan after the trial court awarded Kristina sole legal custody and sole physical custody of the parties’ two minor children. Eric had a history of[…]

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Legal Separation in Michigan

If divorce has crossed your mind but you are not ready to file, you may want to consider legal separation. Deciding to stay or leave takes courage. Legal separation in Michigan can be as simple as a private agreement to separate to a legally enforceable document.

Custody in Michigan

Divorce in Michigan

The grounds for divorce in Michigan are simple. One party must allege that there is a breakdown of the marriage, the objects of matrimony are destroyed and there is no likelihood that the marriage can be saved. The grounds for divorce is what makes Michigan a no-fault divorce state. As a no-fault state, some people[…]

divorce attorney for men

Divorce attorney for men or women in Michigan?

You may be tempted to seek out a divorce attorney for men or women only. There are a lot of attorneys who market themselves as representing men in divorce only or woman in divorce only. The truth about Divorce Attorney for Men or Women The truth is, an experienced divorce attorney understands divorce regardless of[…]

Alimony in Michigan

Michigan Alimony Calculator

Unlike the Child Support there is no specific formula for alimony. Notwithstanding, lawyers and judges have resources that serve as a Michigan Alimony Calculator.

adultery in Michigan

Adultery and divorce

Adultery is the ultimate betrayal and the cause of many divorces it is also a crime. Adultery is defined in the Michigan Penal Code Section 750.29 which defines adultery as: 50.29 Adultery; definition.Sec. 29.   Definition—Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person. Interesting enough, other sexual[…]

nitty gritty

Prenupital Agreements – The nitty gritty details part two.

In part one of this series on prenuptial agreements (an agreement made by a couple before they marry concerning their assets and support should they divorce), we discussed the seminal case law on prenuptial agreements in Michigan.

nitty gritty

Prenuptial Agreements – The nitty gritty details part one.

Under most circumstances, a prenuptial agreement is enforceable under Michigan law. An exception exists if a spouse is left with nothing, in such an instant a court may invade the separate property of the other spouse.

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Michigan Choice of school law. The nitty gritty details.

Most divorce and custody cases include an award of joint legal custody. As a joint legal custodian, both parents share equally in major decisions involving a minor child and one of those major decisions is the choice of school a child should attend. If a dispute arises, here are the nitty gritty details on choice[…]

Oakland County Divorce
Court Order

A court speaks through its orders, not its oral statements.

In the majority of divorce and family law cases, a court will issue its opinion from the bench. This is more common during motion call. The other times a court will issue a written opinion. Careful drafting is important because a court speaks through its orders. When a court issues its opinion from the bench,[…]

Alimony in Michigan

I won the lottery in my divorce! Do I have to share it? MI Property Division Law

In today’s paper I read: “Pontiac man who won Mega Millions during divorce case during divorce case must share with ex-wife”. To the average person, the headline may seem shocking, however, to the sophisticated Michigan divorce lawyer who understands Michigan property division law, the decision is not. A. Background Richard and Beth Zelasko were married[…]

default judgment

Default and Default Judgments

When a party named in a divorce fails to respond or otherwise defend the lawsuit the other party can request the entry of a default by filing with the court a request and affidavit. Once a default is entered the other party can request the entry of a default Judgment of Divorce allowing the divorce[…]

child custody

Michigan child Custody and Parenting Time Appeals

The Michigan Court Rules governing Appellate Rules can be found in Chapter 7 of the Michigan Court Rules. In simple terms a custody or parenting time appeal means judicial review by the Court of Appeals of a trial court decision. There are two types of appeals, an appeal of right and an appeal by leave.[…]

Michigan Divorce

Should you get a divorce?

One of the hardest conversations I ever have is when someone asks me what I think about the question: “Should I get a divorce?” Although I am an attorney and counselor of law, I am not clergy or a therapist. Divorce may be good for business, however, it is not what we are about. We[…]

parenting time

Should you modify custody or modify parenting time?

The decision to modify custody or modify parenting time depends on the gravity of the change being requested. If the change is minor, the modification request is generally considered a request to modify parenting time. If the requested modification is significant, the modification is generally considered a request to modify custody. Distinguishing between the two[…]

the needs of the parties

Award of alimony 37 years after divorce overturned

Approximately 37 years ago, the Gallagher’s divorced after 22 years of marriage. The Judgment of Divorce provided that alimony for the wife was “reserved”.  37 years after the divorce, Ms. Gallagher petitioned the trial court for an award of alimony. Remarkably, the trial court granted the request and ordered the former husband to pay $2,500.00[…]

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A failed challenge to an expert Child custody and parenting time evaluation

On February 12, 2019, the Michigan Court of Appeals decided the custody and parenting time case of Amy Oglive v. Eric Oglive.  In this case, the trial court ordered the parties to participate in a psychological evaluation to address concerns of custody and parenting time. Eric was incarcerated when the parties divorced in 2012 and[…]

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How is property divided in a Michigan divorce?

How property is divided in a Michigan divorce can be complicated and technically complex yet at the same time relatively simple in many ways. Simply put, marital property is divided fairly in light of all of the circumstances.  The seminal case on point is Byington v. Byington, 224 Mich App. 103 (1997). “To reach an[…]

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