Is it Ok to date before divorce?

Michigan adultery law – it is a crime.

Adultery under Michigan adultery law is never enforced. However, the adultery statute provides: “Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.” Michigan Compiled Laws 750.29 The punishment for the crime of adultery is severe. Adultery is a felony, which means adultery is punishable by more than[…]

Property in Michigan

What is separate property in a Michigan divorce?

When love and respect run out and a divorce is pending, it is important to understand what is separate property because under most circumstances separate property is not divided in a divorce case. Typically, separate property is identified as: “[p]roperty that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a[…]

Property in Michigan

Divorce, property and a real estate commission

When negotiating a Michigan divorce, is it appropriate to deduct an unrealized real estate commission? In this case, the Michigan Court of Appeals decided that it is not appropriate to do so. When a marital home is at issue in a Michigan divorce, a court has three choices. The court can either award the home[…]

inherited property

Divorce and inherited property – how to keep it.

Michigan compiled law 552.19 provides that inherited property is separate property because it is not acquired “by reason of the marriage”, however there are exceptions.

Custody in Michigan

What is a custodial parent in Michigan?

In Michigan, a custodial parent is the the parent with whom a child spends the majority of overnights with during the course of a year. This definition is similar to that used by the Internal Revenue Service when determining dependent status for tax purposes.

statute of limitations

Determining Income for support

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[…]

Custody in Michigan

The role of the custodial parent in Michigan Divorce.

The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[…]

Custody in Michigan

Proper cause or change of circumstances

There is a barrier to modification of custody, child support, spousal support (alimony) and parenting time. The barrier is proper cause or change of circumstances. In a prior article, we examined the seminal case on the subject, Vodvarka v. Grassmeyer which defines both proper cause and change of circumstances in the context of a child[…]

move on

Can you move with kids now that you can work from anywhere?

In Michigan, several key legal provisions govern with respect to where you can live and move with your kids including Michigan Compiled Laws section 723.31(1). and Michigan Compiled Laws section 723.31(4)

Lorie Savin
Michigan divorce process

The Michigan Divorce Education Series.

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.

Divorce Trial

Your Divorce Deposition – Think, don’t guess, don’t lie

A divorce deposition is a form of discovery. Discovery is the formal process by which you “discover” information relevant to the case. There are three forms of discovery in a Michigan divorce. First, Interrogatories (think to interrogate) which are written questions which must be answered under oath and subject to the felony of perjury.  Second, a[…]

Retirement
Divorce process in Michigan
School Choice
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[…]

Parenting Time

When can a court suspend parenting time?

Prior to suspending parenting time of a party, the trial court must hold an evidentiary hearing and find by clear and convincing evidence that continuation of parenting time would endanger the child’s physical, mental, or emotional health. Rozek v Rozek, 203 Mich App 193, 194-195; 511 NW2d 693 (1993).

first to file divorce

Is it important to be the first to file for divorce? It may be.

If your relationship is on the rocks you may wonder if it is important to be the first to file for divorce? Is it important to be the first to file for divorce? Every divorce has an emotional and legal component. The legal component involves the division of assets, liabilities, support and concerns regarding the[…]

parenting time

Summer parenting time with Covid. How to parent?

With Memorial Day in our rear-view mirror, we look forward to summer. Sunny days. Lemonade stands. Pool toys. Boats. Games of capture the flag. Ice cream trucks. Sleep-away camp. These are just some of the many things we associate with the summer months in the great State of Michigan. Unfortunately, we are entering summer during[…]

Alimony in Michigan
Collaborative Divorce

COVID-19, The Financial Markets, Black Swan and Divorce

What is a “Black Swan” event and why do financial and news outlets from Forbes to Yahoo and CNN to the Wall Street Journal keep using this mystifying term? Black swan events generally are unpredictable events far beyond what is typically expected and have potentially severe and catastrophic consequences. While some leading epidemiologists and public[…]

Michigan Divorce

Can a court force you to stay in business with your ex?

There is an old adage in Michigan Divorce and Family Law cases. “You do not want your ex as a business partner”. However, in a recent Houghton Circuit Court case, that is exactly what the trial court ordered. On Appeal, the Michigan Court of Appeals address the issue if a divorce court can force you[…]

alimony in Michigan

The CARES stimulus in a Michigan divorce – who gets the money?

As you are almost certainly aware, President Trump signed the CARES act on Friday, March 27, 2020. This act provides that individuals with an income lower than $75,000.00 and couples filing joint tax returns with incomes lower than $150,000.00 total are entitled to a “stimulus credit” in the amount of $1,200.00 and $2,400.00 respectively. Additionally,[…]

Domestic violence
Michigan Divorce
Call Now Button