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. DISCOVER MORE The truth about Divorce Attorney for Men or Women The truth is, an experienced divorce attorney understands divorce[…]

Michigan Common Law Marraige

Michigan Common Law Marriage

Michigan common law marriage was abolished in 1957.  Common law marriage is the recognition of a marriage without being officially married. Under Old English Common Law (and in many states) when a couple lives together and holds themselves out to friends and family as being married had the same effect as officially tying the knot.[…]

Divorce vs Separation

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.

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 and divorce

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

Prenups – The nitty gritty details part three.

. . . 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

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.

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
Emotional Divorce

The decision to divorce – How to decide. Is divorce in your future?

The decision to divorce is not easy. After all, you committed to stating married “for better or worse”.  While some people get married for the wrong reason, others were once built on love and mutual respect which has evolved to disdain and conflict. How to make the decision to divorce? The decision to 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[…]

Can you force your spouse to move out of the house?

Sometimes “forever or worse” becomes “get out of the house” which begs the question, what can you do if your spouse won’t move out of the house? In the context of a Michigan divorce there are only two ways to compel someone to move out of the house. The first way to compel your spouse[…]

Physical and Legal Custody

When legal custody won’t work. (What is physical and legal custody?)

Physical custody if Michigan is an archaic term to describe the parent that spends the majority of parenting time with a minor child. Traditionally, the parent who is awarded the most parenting time was awarded sole physical custody. So, what happened to physical custody in Michigan?, in simple terms the phrase physical custody has gone[…]

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[…]

Divorce Alternatives

How to get relief from a Judgment of Divorce.

Once a Michigan Judgment of Divorce is entered most people think that things are final and they are right. The limited exception to this rule applies to custody, parenting time and support which can change when there is a change of circumstances.  However, there are certain limited circumstances when you can request a court to[…]

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[…]

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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