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Oakland County 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,[…]

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[…]

Discovery

The use of a Discovery deposition at trial

Discovery is the formal process by which you “discover” information relevant to the case. In a Michigan divorce, custody or family law case, discovery is conducted in three ways.  First, Interrogatories (think Interrogate) which are written questions which must be answered under oath and subject to the felony of perjury.  Second, a Subpoena, which is[…]

Does my story even matter in a divorce case?

For many, divorce is very personal and individualized. Every party has his or her own story. And, each person should have the right to share that story. One of the challenges presented in family law, is to share an individual’s story while framing it in legal context. What do I mean? Read on. The individual’s[…]

Findling Law

Gun violence – “Firearm Relinquishment Law And Implementation Could Actually Save Lives”

Note: This article on gun violence was co-authored by Kristina Bilowus of Findling Law, PLC.  Kristina’s article was accepted for publication in the April 2018 State Bar of Michigan Family Bar Journal, an academic journal for divorce and family law practitioners in the State of Michigan. Firearm Relinquishment Law And Implementation Could Actually Save Lives[…]

Fault

Fault.  Another fight of the century – Ali v. Ali (not really)

In the case of Ali v. Ali, the husband took an appeal from the trial court’s decision to award the wife 80% of the value of the marital home.  Why? Because the court found him at fault for lying to the court about his assets and income. While there is no requirement under Michigan law[…]

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[…]

Domestic violence

Living in fear. “I’m Afraid of My Spouse”

When you are living in fear of your spouse, you need to take action to protect yourself and your children. Sure, couples quibble and argue and sometimes it can get loud or last a day or two. But, it is not normal for one spouse to instill fear in the other or cause physical harm.[…]

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Michigan Custody update: Snyder signs the Rape Survivor Custody Act

The Rape Survivor Custody Act protects woman who become impregnated by a rapist. Governor Snyder singed the Rape Survivor Custody Act set forth in Michigan Senate bill 858 and Michigan House bill 4481 were reconciled and signed into law by Governor Snyder on May 3, 2016. Widely lauded by conservative right to life groups who[…]

Changes at the Oakland County divorce court

The Oakland County divorce court is changing.  Mandatory retirement, judicial appointments and elections in November will result in even more changes at Oakland County divorce court.  The Oakland County divorce court is made up of Judges from both circuit court and probate court.  These judges specialize in hearing family law cases such as divorce, custody,[…]

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[…]

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[…]

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[…]

The Selfless Divorce

The Selfless Divorce.  By:  Daniel Findling Divorce is sometimes described as a selfish act, especially when children are involved.  How many times have you heard or been a participant in a conversation like this: “Did you hear  ______ is getting a divorce . . . I feel so bad for the children . . .[…]

Domestic Violence and Michigan Divorce

Domestic Violence and Michigan Divorce:  Michigan divorce cases are not immune to domestic violence.  Domestic violence is about power and control.  Abusers threaten violence or use violence to control another.  They know that fear provides lasting and intimidating power which damages the self-esteem of the victim. When a victim hears they are worthless and incompetent[…]

Parenting time and visitation guidelines and directives

Parenting time and visitation guidelines and directives:  When parents are going through a divorce, it is not uncommon for children to struggle with the situation.  After all, children want to love both their parents, even if the parents may no longer love each other. It can be difficult to shield your children from the stress[…]

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