Michigan Child Support Statute of Limitations

Michigan Child Support Statute of Limitations:   Yes, there a Statute of limitations for Michigan child support. The current statute of limitations on unpaid Michigan child support is 10 years from the date that the last payment is due.   This Statute of limitations is set forth in Michigan Compiled Laws section 600.5809(4) and was effective[…]

Alimony guidelines in Michigan

Alimony guidelines in Michigan The purpose of alimony under Michigan divorce law is to provide financial support to a former spouse after divorce.  Traditionally, alimony was paid by a husband to a wife however it is now not uncommon for a wife to pay her husband alimony.  While some divorce attorneys and divorce client’s argue[…]

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[…]

Michigan child custody law – can a child choose who to live with?

Michigan child custody law – can a child choose who to live with?  One question, I get asked every week is at what age can a child choose who to live with?  Not surprisingly, the question is asked after a parent determines that the child now wants to live with them. The answer to the[…]

Gifted property and inherited property

As a general proposition, gifted and inherited property are not divided on divorce. The first step a Michigan divorce attorney takes in analyzing property division in a divorce case is to classify the property as marital or separate property.  As a general proposition, property acquired by reason of the marriage or during the course of[…]

Double dipping – paying twice – is it legal?

Double dipping – paying twice – is it legal?  Double dipping is a legal term to describe paying twice for the same thing.  When dividing property in a Michigan divorce your divorce attorney tries to maximize or minimize what is marital property depending on the circumstance.  The court tries to divide marital property equitably or[…]

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[…]

Ex Parte Orders and Michigan divorce law

Ex Parte Orders and Michigan divorce law:  As a Michigan divorce attorney one question I often get asked is what is an Ex Parte order? “Ex Parte” is a Latin legal term meaning “from one party”.  Simply put, an Ex Parte order is an order submitted to the court without first having a hearing or[…]

no fault divorce

Michigan is both a no-fault divorce and a fault divorce State

Michigan is both a no-fault divorce and a fault divorce state:  Is Michigan a no-fault divorce state or a fault divorce state?  The answer is both. Michigan is a no-fault divorce state. Michigan is a no-fault divorce state as it relates to the grounds for divorce. Michigan became a no-fault divorce state in January of[…]

How to make your Divorce a living nightmare

How to make your Divorce a living nightmare:  Divorce can be one of life’s most stressful events.  Experts on stress suggest that you learn how to relax and pay attention to your emotional needs, keep yourself physically fit and maintain realistic goals to help you navigate the stress of divorce and move on with your[…]

Livingston County Divorce Court

Livingston County Divorce Court: At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan.  One of these courts is the Livingston County divorce court.   The Livingston County divorce court – Family Division is simply known as the Livingston County divorce Court. The Livingston County divorce Court[…]

The formal Michigan divorce process – Divorce Steps

The formal Michigan divorce process – Divorce Steps:  In Michigan, a divorce follows a formal process and our Michigan divorce attorneys understand the steps and can help you navigate the process without turbulence.  The divorce steps for a Michigan divorce are as follows: Divorce steps – One:  Prepare and file Complaint for divorce and ex[…]

Dividing pension benefits in a Michigan divorce

Dividing pension benefits in a Michigan divorce:  A pension plan is a contract for the payment of a fixed sum of usually following retirement.  The plans are also known as defined benefit plans because the fixed sum of money is a “defined benefit”. In a Michigan divorce, property acquired during the course of the marriage[…]

Christmas parenting time (visitation) after divorce?

Christmas parenting time (visitation) after divorce:  More than 8 out of 10 Americans anticipate stress during the holiday season according to the American Psychological Association. (http://www.apa.org/helpcenter/parents-holiday.aspx)  The stress felt by individuals during or after a divorce is probably higher, especially during Christmas. In Michigan, the divorce and custody court give the parties leeway in fashioning[…]

Michigan divorce experts – When do you need expert testimony?

Michigan divorce experts – When do you need expert testimony?  Not every divorce case requires expert testimony.  However some do.  In  Michigan divorce cases there are three types of experts employed more than any other, a real estate expert, a valuation expert and a custody evaluator expert. The real estate expert is typically a certified[…]

Michigan Divorce Appeal – Navigating the Michigan Court of Appeals

 Michigan Divorce Appeal – Navigating the Michigan Court of Appeals:  Sometimes a trial court does not make the right decision.  A custody determination, property division or alimony award that is just wrong.  What can you do?  The answer is to request an appeal at the Michigan Court of Appeals. Generally, decisions from “final orders” of[…]

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Parenting Time in Michigan (Visitation law) [video]

Parenting time in Michigan (visitation law):   What does Michigan law provide?  How can you modify parenting time in Michigan? Want more than the basics? Click the button. Parenting time and visitation mean the same thing under Michigan law.  The statute, MCL 722.27(a) uses the term visitation to describe the frequency and duration a parent spends[…]

Oakland County Circuit Court – Family Division

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 a Michigan Divorce Court. The Oakland County[…]

Does it matter who files for divorce first? [Video]

Does it matter who files first?  The question, “does it matter who files for divorce first?”  There is both a legal and emotional answer to this question. Earlier this year, I wrote an article on the emotional component of a divorce.  See:  https://www.thedivorceguy.com/the-emotional-divorce/.   One question always seems to have an emotional component. From a legal perspective,[…]

What about the engagement ring?

The engagement ring:  Glamour magazine reports that on average, a guy will spend about $5,229 on an engagement ring which is a lot of money, yet far less than the 10 most expensive engagement ring’s according to a Hollywood gossip website. So it begs the question, what does Michigan law have to say about an engagement[…]

Religious divorce and Michigan divorce law

Religious divorce and Michigan divorce law:  Religion plays an important role for many.  When a divorce is pending, religion can also play an important role. For the pious, a divorce through the courts is not enough and although they are required under Michigan divorce law, the parties will also seek a religious divorce. In Christianity[…]

Marriage and Divorce conflict of laws – Full Faith and Credit & Comity

Marriage and Divorce conflict of laws – Full Faith and Credit & Comity:  When we recite the pledge of allegiance we are reminded that we are one nation under god, but the United States is composed of fifty independent States with different laws that often conflict with each other. A Michigan divorce is valid in[…]

Macomb County Circuit Court – Family division (Divorce Court)

Macomb County Circuit Court – Family division (Divorce Court):  At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan.  One of the most enjoyable courts to practice in is the Macomb County Circuit Court.  Why?  The Macomb County Divorce Court has experienced and knowledgeable judges that understand[…]

Obamacare The Affordable Care Act and Michigan divorce

Obamacare The Affordable Care Act and Michigan divorce:  According to the University of Michigan, a divorce results in about 115,000 women losing their private health insurance every year. Many rely on the Consolidated Omnibus Business Reconciliation Act (COBRA) to provide relief.  If a former spouse is employed by a company that offers health insurance (and[…]

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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