There are three different laws governing who pays attorney fees in divorce. MCR 3.206(D), MCL 552.13 and Common Law.
Marriage struggles are real and sometimes things just don’t work out the way you plan. If your unhappy and are considering a divorce in Michigan, here is everything you need to know. Sometimes things don’t get better. However, the proverb “knowledge is power” can help you take control of your situation with a fresh start[…]
It is imperative to understand the nature and extent of the marital estate before reaching a property settlement in divorce. In a Michigan divorce case, the formal process of finding assets is called discovery. After all, you cannot negotiate a good deal until you have an understanding about what there is to divide and the[…]
When a parent is voluntarily unemployed or underemployed, or has an unexercised ability to earn, the Michigan Child Support Formula Manual allows a court to include the potential income that parent could earn as income for support purposes (MCSFM 2.01(G)).
Court’s will not rewrite an unambiguous agreement negotiated and signed (or placed on the record) by consenting adults absent, fraud or duress.
There are different types of alimony and spousal support payments. A trial court may award either periodic alimony / spousal support, or alimony / spousal support in gross. Periodic spousal support payments “are subject to any contingency, such as death or remarriage of a spouse . . . .” In contrast, spousal support in gross[…]
You may think that there is no difference in the divorce laws by County and you are right, sort of. Divorce law is uniform throughout the state, a divorce in Oakland County is different for a number of reasons.
Determining income for child support or alimony purposes in Michigan often requires looking beyond the tax returns. So what is considered income for support in Michigan? Income for support and the 2021 Michigan Child Support Formula Manual Chapter 2 of the 2021 Michigan Child Support Formula Manual is a good resource in how to determine[…]
In Michigan a change of circumstances is required to modify custody, child support, spousal support or parenting time. One of the most common questions asked to practitioners in family law cases involves modification of custody, child support, spousal support or parenting time in circumstances when the client perceives the result as unfair. In addressing the[…]
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.
There are two paths in every divorce, the emotional path and the legal path. We trust that you understand how you feel. We help you understand the law.
Oakland County Circuit Court – Family Division: At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan. One of these courts is the Oakland County Circuit Court. The Oakland County Circuit Court – Family Division is simply known as the Oakland County Divorce Court. The Oakland[…]
There are two common ex parte orders entered in a Michigan divorce case. The first is called a financial status quo order and the second is a restraining order regarding property transfer.
M.C.L.A. 600.1420 provides: “The sittings of every court within this state shall be public. . .” Zoom hearings are private.
If your income has been reduced because of the economic effect of the COVID-19 outbreak, Governor Whitmers’ Executive Order 2020-21 (COVID-19), and an alimony or child support order is in effect, the time to modify support is now. There is no retro-active modification of alimony or child support. Time is of the essence to modify support.[…]
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[…]
With over 100,000 views, the Michigan Divorce Education Series provides information that matters to you most.
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[…]
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.[…]
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 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[…]
There are seven family division judges in Oakland County that make up the Divorce Court Judges of Oakland County and we provide the skinny on each of them.
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,[…]
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[…]
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[…]