Alimony

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

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[…]

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[…]

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[…]

Paying for college
alimony in Michigan

Wife awarded $58,500.00 in divorce attorney fees

On January 3, 2018, the Michigan Court of Appeals upheld the Ingham Circuit Court award of $58,500 in divorce attorney fees in the case of Baker v. Baker. The Baker’s married in 1998 and filed for divorce on May 31, 2014. The parties had two minor children. Both Mr. & Mrs. Baker sought contribution for[…]

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[…]

The decision to divorce

Why would a person stay in a marriage that leaves them unhappy and unfulfilled?

If your unhappy and unfulfilled in your marriage? Should you stay in a marriage and be miserable or divorce?  According to a recent article in the Journal of Personality and Social Psychology[1], the answer to the question: Why a person would stay in a marriage that leaves them unhappy and unfulfilled? is two fold: The[…]

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.  […]

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