Divorce process in Michigan
Oakland County Divorce

The 2020 Judges of Oakland County Divorce Court

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[…]

Michigan Divorce
Zoom hearing
Support modification

Laid off or fired because of COVID-19? The time to modify support is now.

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.[…]

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[…]

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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[…]

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.[…]

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[…]

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,[…]

Findling Law

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[…]

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[…]

settlement agreement

Can you change your mind after settlement?

You successfully settled your divorce case when you wake up the next morning with regret, buyer’s remorse, or simply that sinking feeling experienced about what you just did. Can you change your mind after settlement? The first step in the analysis is determining if your settlement is in fact a contract. Was there an offer[…]

Jake Cunningham

The “new” Judges of Oakland County Divorce Court

With the midterm elections now over, we welcome two newly elected Oakland County judges. Traditionally, newly elected Oakland County judges serve on the Family Court. Family Court includes cases involving divorce, child custody, parenting time, child support and spousal support (alimony). The two newly elected Oakland County judges are Julie McDonald and Jake Cunningham. Julie[…]

Alimony

How is spousal support calculated?

How is spousal support calculated?  Spousal support is when one spouse pays money (also called alimony) to another spouse for a term of months or years after divorce. The general rule is that a spouse may need spousal support if he/she is substantially dependent on the income of the other spouse for the regular necessities of[…]

alimony in Michigan

What is alimony in Michigan? (BTW it is the same as spousal support).

The purpose of alimony in Michigan is to balance the unfair economic effects of a divorce. Simply put alimony (which is the same as spousal support) is paid by one party to financially support a spouse after divorce if the property award is insufficient to support either party. This video webinar examines alimony in Michigan[…]

abandonment

Dear John letter? Abandonment in a Michigan divorce case.

“By the time you read this line, I’ll be gone. . .” originates from a popular 1980’s sit-com by the name Dear John starring Judd Hirsch, premised the abandonment of his wife, who simply got up and left his relationship. Abandonment may be relevant in a Michigan divorce but is not an independent cause of action[…]

Findling Law

Creating an Effective Divorce Attorney-Client Relationship: Part II

In the first part of this three-section discussion of an effective divorce attorney-client relationship, meaningful communication was discussed. In this second installment, the concept of professionalism, as it relates to both attorney and client, is explored. Professional responsibility is a concept attorneys study as students. As an overall concept, professionalism is something we consider when[…]

tax reform and divorce

Tax reform and divorce. It could radically change Michigan Divorce!

Senate and House republicans recently reached an agreement on the final tax bill which was signed by President Trump today. The impact of tax reform and divorce law may be significant. The tax reform law goes into effect on January 2018.  However, as everyone knows we file taxes in April for the prior tax year[…]

Michigan Alimony and spousal support – The nitty gritty details

It is easy to get lost in the trees when you should be focusing on the forest.  However, we recognize that some people like the nitty gritty details which is why we created the nitty gritty details series.  The nitty gritty details series will focus on the technical side of Michigan divorce, custody and support[…]

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