Do you love your spouse but at the same time realize you cannot be with each other? Many marriages are filled with disfunction in communication, sex, fidelity or how you spend money and no matter how much work you put into the marriage, your not sure you can make things workout. Divorce and separation are[…]
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.
A comparison of Divorce vs Separation at first seems simple. In a Divorce you end the marriage. In a Separation Agreement you remain married. There are three ways to separate in Michigan. So the comparison of Divorce vs. Separation is not so obvious.
Common sense suggests that it is important to ask the right questions before making the decision to divorce. One of those questions might involve Legal Separation. Legal Separation Agreements vary in scope and enforceability. One type of Legal Separation Agreement is simply a private agreement between parties to live separately. There are no formal court[…]
There are three types of legal separation in Michigan. The first type of legal separation in Michigan is called a Separate Maintenance Agreement. A Separate Maintenance Agreement is similar to a divorce. One party files a Complaint for Separate Maintenance with the court. Unlike a divorce were the court ends the marriage with a Judgment[…]
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[…]
Separation Agreements For some divorce is not just right. A Separation Agreement is a way to stay married, yet live apart. Deciding to stay or leave takes courage and everyone has a right to be happy. Resources and Answers to your questions: Private separation agreement Separate Maintenance agreement Post nuptial agreement Let our exceptional[…]
Legal Separation in Michigan by: Daniel Findling Legal separation in Michigan is different than other states. While some states require a period of legal separation before a couple can get divorced, Michigan does not. Legal separation in Michigan is technically called a Separate Maintenance Agreement. While it only takes one person to get divorced in[…]
Taxes and divorce or separation: The tax rules that apply to divorce and separated individuals can be complex. In fact, the Internal Revenue Service has a 29 page publication on the subject. The publication for use in preparing your 2013 income tax returns can be found here: http://www.irs.gov/pub/irs-pdf/p504.pdf. Most Michigan divorce lawyers get nervous when[…]
There are three alternatives to a divorce. First, try to address the problem. Second, do nothing and third separate (which can take many forms). There are also three types of Legal Separation in Michigan. Alternatives to Divorce and Legal Separation Resources We provide exceptional representation and can help you manage your situation. The Three alternatives[…]
Michigan Divorce Education Series Michigan legal separation: “Honey, we have to talk.” These words can be a cause for concern, or even lead to divorce. Many people struggle with the decision to divorce. Michigan law provides alternatives to divorce, including legal separation. The webinar provides a comprehensive look at Michigan legal separation agreements. In[…]
Happiness and “in love” are not always equal. You can remain in love with your spouse and remain unhappy in your marriage. Communication, trust and forgiveness may be cornerstones to a successful marriage, however, so is happiness. After all, everyone should have a right to be happy. If you are frustrated and thinking about divorce[…]
Our experienced lawyers will help you maximize or minimize (as the case may be) what composes your marital estate.
There are three different laws governing who pays attorney fees in divorce. MCR 3.206(D), MCL 552.13 and Common Law.
While agreements on custody are usually “rubber stamped” and approved by the court, the court must make an independent determination that the agreement is in the best interest of the minor child. However, you can agree on parenting time.
Fidelity is an obligation in almost every marriage vow. However, many marriages end because someone cheated. Which begs the question, can you contract a cheating penalty? It appears the answer is no.
When love and respect run out and a divorce is pending, it is important to understand what is separate property because under most circumstances separate property is not divided in a divorce case. Typically, separate property is identified as: “[p]roperty that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a[…]
In 2012, we envisioned a divorce video education series which evolved into the The Michigan Divorce Education Series by Findling Law. The idea was to provide quality information (more than just the basics with case law and statutory support) on Michigan Divorce, Custody, Alimony and support.
As you are almost certainly aware, President Trump signed the CARES act on Friday, March 27, 2020. This act provides that individuals with an income lower than $75,000.00 and couples filing joint tax returns with incomes lower than $150,000.00 total are entitled to a “stimulus credit” in the amount of $1,200.00 and $2,400.00 respectively. Additionally,[…]
On February 4th, 2020, the Michigan Court of Appeals recently issued a published opinion on the issue of divorce legal fees. In the case of Colen v. Colen, the wife filed a request for contribution towards her Michigan divorce attorney fees incurred over several years. Divorce Legal Fees – The law The legal basis to[…]
Most people will do anything for their children. Unfortunately, when a relationship is on the rocks child custody may become an issue. So, how do you get child custody in Michigan? We provide answers to this question and explore many of the nuances in Michigan child custody law. How to get child custody 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[…]
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[…]
. . . we recognize that antenuptial agreements are no longer considered “void ab initio as contrary to public policy” in Michigan so long as certain fairness standards are met
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.