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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[…]

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[…]

Oakland County Divorce

The 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[…]

When is a deal a deal?

When is a deal a deal?  Settlements. I was recently approached by the editors of the Michigan Family Law Journal to write a monthly column on Michigan Divorce and Family Law.  The Michigan Family Law Journal is a publication of the State Bar of Michigan Family Law Section and serves as “Family Law Council’s forum to[…]

Emotional Divorce

The artist, the engineer and the emotional divorce

The artist, the engineer and the emotional divorce. When I was in law school, a comment by my Constitutional law professor, Robert Sedler, remains imprinted in my mind.  Professor Sedler commented something along the lines of: “the problems with stereotypes is that they are usually true.”  When I first heard this, I disregarded it as[…]

Oakland County divorce help

Where to find divorce help in Oakland County

This article on where to find divorce help in Oakland County was inspired by the Oakland County Friend of the Court handout with the same title and I felt sharing it worth sharing with our audience. Divorce help in Oakland County at Findling Law While I recognize I may be stating the obvious, you can[…]

Michigan revenge porn

Revenge porn in Michigan – I have these pictures . . .

Revenge Porn in Michigan Divorce cases. As a Michigan divorce lawyer, I have learned to help clients manage emotions.  However, when a party is engaged in extra-marital sexual contacts or an affair, the emotional response can be overwhelming. Client’s often approach my office with visual evidence of an affair.  Sometimes, the evidence is obtained from[…]

divorce with children

Some thoughts on divorce with children

Some thoughts on divorce with children This letter is written from the perspective of an experienced divorce and family lawyer and not an expert opinion of a mental health professional.  A mental health professional may agree or disagree with this letter.  If you are considering divorce, have been divorced or are going through a divorce[…]

Divorce Arbitration

Arbitration and Michigan Divorce

In a Michigan divorce, the parties can agree to arbitration instead of trial. Arbitration is a form of alternative dispute resolution which is also referred to as ADR.  Arbitration is similar to mediation except the arbitrator can make a binding decision if the parties cannot agree on an issue. When parties mediate a divorce case,[…]

Can you sue a Judge in Michigan?

Can you sue a Judge in Michigan?  Let’s face it, sometimes Judges get things wrong.  When they do, one option is to take an appeal, but can you sue a Judge in Michigan? The Michigan Court of Appeals is an intermediate higher court and can overturn a lower court’s decision when it makes an error[…]

Is securing vaccination in a child’s best interest?

Like any parent with children there came a time where my wife and I discussed vaccination for our children was appropriate.  After all, every parent wants to protect their child from every possible risk and the information (or misinformation) regarding vaccination is all over the map.  When parents cannot agree on an issue, Michigan divorce and[…]

Contempt of Court

Show Cause Hearing

Ever wonder how a court enforce’s its orders?  One answer is a show cause hearing.  A show cause hearing asks the question:  “Why shouldn’t the court hold you in contempt of court for violation of the court’s order?”   At a show cause hearing, the burden is placed on the person suspected of violating a[…]

How to prevent parental kidnapping in Michigan

How to prevent parental kidnapping in Michigan. It is not uncommon for a parent to kidnap their own child.  Maybe they lost custody or are angry and want to hurt the other parent.  Whatever the case, parental kidnapping is a federal crime and a crime in Michigan.  In many cases, parental kidnapping can be prevented.[…]

The Friend of the Court Referee

The Friend of the Court Referee A Friend of the court referee is appointed by the chief Judge to assist in Michigan divorce, custody and domestic relations cases.  A Michigan Friend of the Court Referee power is defined in Michigan Compiled Laws Section 552.507. Michigan law (MCL 552.507) provides that a Friend of the Court[…]

Michigan Divorce Evidence – The Rules of Evidence

Michigan divorce evidence – The Michigan Rules of Evidence The introduction of Michigan divorce evidence is governed by the Michigan rules of evidence.  The Michigan rules of evidence apply in every Michigan divorce case that goes to court from a simple motion to a complex trial.  Imagine wanting to introduce very important evidence only to[…]

Changes in Macomb County divorce court

Changes at Macomb County divorce court Change is the law of life.  Judge Kathryn Vivano of the Macomb County divorce court is leaving the Macomb County Divorce court and she will be serving the Macomb County business court.  The Michigan Supreme Court in which her brother serves as a Supreme Court Justice, issued Administrative Order[…]

Fundamental Right

The fundamental right to parent

Is the right to parent a fundamental right?  The answer is yes! The 14th Amendment’s due process clause of the U.S. Constitution protects “life, liberty or property”.  Fundamental rights are rights so important that the U.S. Constitution provides for heightened protection against government interference.  Without this heightened protection against government interference, States could could infringe on “life,[…]

Motion practice – Michigan divorce law and family law

Motion practice – Michigan divorce law and family law:  For most people a “Motion” is a term from high school physics to describe the process of being moved.  In government, a motion is a formal proposal to do something.  Under Michigan law a motion is a formal proposal to the court. Our attorneys use motions[…]

UCCJEA

Changing domicile or residence in Michigan

Changing domicile:  Domicile explained!  Michigan divorce law does not prohibit a parent from travelling with your children.  You can even travel outside of the United States, provided the Country you are visiting has a treaty with the United States (most do under the Hague convention). While a vacation away from home with your kids is[…]

Parental kidnapping and Country star Mindy McCready

Parental kidnapping:  This morning’s headlines shed light on one of the most frightening moments in a custody case: Country star Mindy McCready kidnapped her 5 year old son. While there is no one comprehensive integrated process for gathering and analyzing data and information on international child abduction cases, in 1988 family members abducted 354,100 children[…]

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