How to change a child’s residence in Michigan divorce and custody cases.

Michigan child custody law provides specific rules whan a parent wants to change a child’s residence. The Michigan Court of Appeals examined these rules in the case on July 23, 2025 in the case of Foerseter vs. McKinstry Ms. McKinstry argued on appeal that the court improperly analyized the change of residence factors. 100 Mile[…]

Divorce Arbitration

New Divorce Arbitration Case

On July 8, 2025, the Michigan Court of Appeals issued a new divorce arbitration opinion entitled Townsend vs. Townsend. If a case cannot settle, a judge typically makes a decision. Divorce arbitration is an alternative to trial and the Arbitrator’s decision is binding. The parties to a divorce may agree to hire a private attorney[…]

Divorce

New Michigan Divorce and Custody Cases – June 2025

In this article we will examine the new Michigan Divorce and Custody cases for June 2025 as interpreted by the Michigan Court of Appeals and the explore the various fact patterns. The Court of Appeals issued one non-published divorce opinion in June 2025 and one non-published custody opinion. A non-published opinion does not have precedential[…]

Prenuptial Agreements

Are Prenuptial Agreements enforceable in Michigan? New Video

Both Prenuptial Agreements and Postnuptial Agreements are contracts entered into either before marriage (prenuptial) or after marriage (postnuptial) that can define how property is divided and if spousal support is awarded. Prenuptial Agreements and Postnuptial Agreements are also known as antenuptial agreements. For a Prenuptial Agreement to be enforceable in Michigan provided certain requirements must[…]

TheDivorceGuy.com

New Michigan Divorce laws of May 2025

Michigan divorce laws come from three sources. First, Old English Common Divorce Law, which are the laws brought to the United States in 1776. Second, Statutory Divorce Law which are laws passed by our legislature and governer (which replaced most Old English Common Divorce Law, such as eliminating common law marriage) and; Third, laws created[…]

Custody

Child custody and and the health of the parties

Both child custody and parenting time decisions involve an anaylis of the statutory 12 best interest factors set forth in Michigan Compliled Laws section 722.23. One of the best interest factors (factor g), examines the health of the parties. It makes sense to consider a parents health in deciding a child custody case. After all,[…]

Parenting Time

Suspending Parenting Time

On January 17, 2025, the Michigan Court of Appeals issued its opinion in the case of Lisa Jenson vs. Stephen Thiel. Stephen requested reversal of the trial court’s order awarding Lisa sole legal custody of the parties’ minor child and suspending parenting time for Stephen. The parties married in 2011 and had one minor child.[…]

burden of proof

Burden of proof in a custody case.

The burden of proof is another way of saying: “How much you have to prove something”. If asked, most people know the burden of proof in a criminal case, which is ‘beyond a reasonable doubt’. Beyond a reasonable doubt is the universal common law rule which limits the governments power to convict someone of a[…]

Property in Michigan

Fault and the division of property.

On December 20, 2024, the Michigan Court of Appeals issued its opinion in the case of Julie Weber vs. Lucas Weber. Julie and Lucas married in 2012 and lived with their two minor children on a 20-acre farm where they grew crops and raised cattle. However, things on the farm became unsettled. The parties separated[…]

Divorce

Meet the 2025 Judges of Oakland County Divorce Court

Divorce is a challenging and emotional process, and navigating the legal system can feel overwhelming. For residents of Oakland County, Michigan, understanding the role of the Judges of Oakland County Divorce Court is essential to effectively managing this life-changing event. This blog post provides valuable insights into the Divorce Court judges of Oakland County, including[…]

Parenting Time

The ultimate guide to parenting time schedules after divorce.

Divorce is never easy, especially when children are involved. One of the most important aspects of post-divorce life is determining a parenting time schedule that works for everyone. Establishing a fair and effective schedule can reduce conflict and help children adjust to their new reality. In this blog, we’ll examine everything you need to know[…]

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What you need to know before you settle a divorce?

When navigating the complexities of divorce, one of the most critical aspects to address is the division of the marital estate. Whether you’ve been married for a few years or decades, understanding the full scope of your marital estate before settling a divorce is essential to know before you settle a divorce to ensure a[…]

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Divorce Law in Michigan: What You Need to Know for a Smooth Transition

Divorce can be an emotional and stressful experience, and when the legal process is involved, it can quickly become overwhelming. For those going through a divorce in Michigan, it is crucial to understand how Michigan divorce laws work and what steps you need to take to protect your rights and ensure the process goes as[…]

Prenuptial Agreements

Before you settle a divorce case.

If you are stuck in your situation and want out, you may want to settle your divorce quickly. Divorce can be one of the most challenging times in your life, and your decision to move on with your life without your spouse may be best. Once issues relating to kids, custody and support are resolved[…]

Custody

Communication during divorce

Good communication can be a foundation to understand and address issues that may be of concern for parents with children going through a divorce. Sharing information regarding school work, doctor appointments and extracurricular activities can help foster and encourage a good parent child relationship with both parents. Unfortunately, good communication during divorce can be complicated[…]

Ex parte

What is an Ex Parte Order?

“Ex Parte” is a latin phrase every law student learns in the first year of law school and literally means: “on one side only” or “by or for one party”. An ex parte order is a court order entered by only hearing one side of a case instead of both sides. Unlike an Order entered[…]

property

Fault, divorce and property division.

On September 23, 2024, the Michigan Court of Appeals issued its opinion in the case of Qualls vs. Jenkins. In this case, the husband appealed the trial court determination that he was at fault during the course of the marriage when dividing marital property. The most important case that describes how property is divided in[…]

Moving out of the house

The decision to move out of the house.

You made the decision your marriage is over and you want out. Michigan law does not require you to stay in the house during a divorce. You may want to avoid conflict or simply begin the process of moving on. However, you should consider the following before deciding to move out. First, there are financial[…]

Prenuptial Agreements

When is a divorce settlement final?

Suppose a client comes into your office expressing buyer’s doubt, buyer’s remorse, regret, or simply that sinking feeling experienced a few hours or days after settlement. The client has changed his/her mind. Typically, the client is seeking a second opinion, having lost confidence in his/her lawyer. Most lawyers want to make their clients happy. However,[…]

Parenting time

Parenting time provisions

Parenting time defines the frequency and duration a parents spends with a child in the context of a divorce or child custody case. Regular parenting time provisions exclude holidays and school breaks and generall consists of a bi-weekly schedule. In certain circumstances, such as when a parent has an irregular work schedule or lives far[…]

property division

Does size really matter? Wedding ring, marriage expenses and divorce.

Does size really matter in marriage? A study published in the Journal of Economic Inquiry examined if the amount of money spent on a wedding could predict the length of a marriage. The study suggested that the more money spent on an engagement ring does not predict a longer marriage. Rather, the data suggests the[…]

Custody in Michigan
TheDivorceGuy.com

Divorcing a narcissist.

If your spouse has a grandiose sense of self importance, exaggerates achievements and talents, is preoccupied with fantasies of success, power beauty and idealization, then, according to the diagnostic and statistical manual of mental disorders, you may be married to a narcissist. There are two paths to every divorce, the legal path and the emotional[…]

Custody in Michigan

Best Interest of the child questions to ask?

Every child custody or parenting time case requires an examination of what is in the Best interest of the child which are 12 factors defined in Michigan Compiled Law section 722.23. In this article, we will explore sample questions that can be asked relating to each Best Interest of the child factor. Sample Best interest[…]

Custody in Michigan

Does child custody even matter anymore?

raditionally, Child custody came in two forms. Legal custody and physical custody. Legal custody is defined by statute (MCL 722.26a(7)(b)) and refers to the “decision making authority as to important decisions affecting the welfare of the child”. However, physical custody is not defined by statute.

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