How to divide Retirement accounts in a divorce

How to divide retirement accounts in a Michigan divorce:  When property is divided in a divorce, lawyers and judges typically focus on property acquired during the course of the marriage.  Retirement accounts are considered property and come in all shapes and sizes.  So what are the major types of retirement plans and how do we[…]

Top 10 divorce questions to ask your lawyer

Top 10 divorce questions to ask your lawyer:  People always ask me what divorce questions should I ask a lawyer.  I compiled this list of top 10 divorce questions you should ask during a consultation.  Hopefully, answers to these divorce questions will provide guidance and help you determine if the attorney is a good fit.[…]

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Child custody evaluation video – Are you ready to take the test?

Child custody evaluation:  A child custody evaluation is on the horizon?   Are you ready to take the test? While most child custody evaluations are accomplished with the assistance of the Friend of the Court, courts and clients often utilize an independent clinical or forensic psychologist to conduct a child custody evaluation, typically, a PhD.[…]

Super Lawyer – New York Times rising star – Daniel J. Debene

Super Lawyer – New York Times rising star – Daniel J. Debene:  Michigan Divorce Lawyer, Daniel J. DeBene an associate of Findling law was recently awarded a Super Lawyer rising star. We want to Congratulate Mr. DeBene. ATTORNEY PROFILE – Daniel J. DeBene Bio: Working directly with Mr. Findling since 2008, Mr. DeBene specializes exclusively[…]

Avoiding child support – the Felony

Avoiding child support – the Felony:  Some people go to great lengths to avoid paying child support.  Robert D. Sand fled to Thailand, to avoid paying support.  Robert D. Sand was labeled the country’s most-wanted deadbeat parent by federal authorities when his unpaid support climbed above $1 million.  He was sentenced to two and a[…]

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Divorce Settlement video – How to settle a Michigan Divorce case

How to settle a divorce case The majority of Michigan divorce cases settle.  This article and video addresses hot to settle a Michigan divorce case and is part of the Michigan Divorce Education Series by Findling Law.                              Let our exceptional legal[…]

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Discovery and Michigan divorce video

Discovery and Michigan divorce:  Almost every Michigan divorce case settles.  However, not every settlement is fair.  The best way to insure a good settlement is proper preparation and discovery is the formal process by which lawyers prepare a case for trial or settlement. Discovery is used to “discover” evidence that is relevant to your case. […]

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Michigan divorce law update. Avoiding a 10% early retirement penalty.

Divorce in Michigan – Avoiding a 10% early retirement penalty:  In almost every divorce case, at least one party is a beneficiary of a retirement account and in many instances, a retirement account is a marital asset that can be divided without a 10% early withdrawal penalty. In simple terms, if a portion of a[…]

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Michigan divorce planning video – What to do before you file

Michigan Divorce Education Series Michigan divorce planning:  Before you have the “talk”, it might be in your best interest to sit down and talk with a qualified divorce specialist.  Proper divorce planning can play an important role in not only how much your divorce case will cost but how stressful the process will be. Before[…]

Michigan Divorce and Innocent Spouse Relief

Michigan Divorce and Innocent Spouse Relief:  Imagine you discover before, during or shortly after your divorce that you have a large outstanding tax liability.  You may have known nothing about it.  Unfortunately, the IRS will likely hold you equally responsible for all tax due even if the income or improper deduction was the fault of[…]

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Michigan Divorce – Are you cheating? The emotional affair

The emotional affair: Are you cheating? A recently married legal assistant in my firm has a broad definition of cheating.  She believes if you do something with someone other than your spouse, and don’t tell your spouse about it, it is cheating. Under her definition, lunch with an old “friend” that you fail to tell[…]

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Michigan Legal Separation video (separate maintenance, post nuptial and divorce)

Michigan Divorce Education Series Michigan legal separation:  “Honey, we have to talk.”   These words can be a cause for concern, or even lead to divorce.  Many people struggle with the decision to divorce.  Michigan law provides alternatives to divorce, including legal separation.  The webinar provides a comprehensive look at Michigan legal separation agreements. In[…]

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Moving with children video (Changing domicile and Michigan divorce)

Michigan Divorce Education Series Moving with children:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering changing domicile (moving with your minor children).  Key learning’s and strategies are discussed.  I am hopeful you find it both empowering and educational.  (run time – approx.  6 minutes) Michigan divorce law does not prohibit[…]

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Michigan Divorce Formal Process video – divorce steps

Michigan divorce steps:  This video is a complete – everything you need to know – explanation of Michigan law and strategy covering the steps of a divorce.  The basic and not so basic divorce steps are discussed and explained.  I am hopeful you find it both empowering and educational.  A summary of the topics covered[…]

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Michigan Property division video

Michigan Divorce Education Series – Property division Divorce in Michigan  – Property Division:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering property division.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is provided below.  (run time[…]

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Michigan Alimony and Spousal Support video

Michigan Divorce Education Series Divorce in Michigan – Alimony and Spousal support:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering alimony / spousal support.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is provided below.  (run[…]

UCCJEA

Changing domicile or residence in Michigan

Changing domicile:  Domicile explained!  Michigan divorce law does not prohibit a parent from travelling with your children.  You can even travel outside of the United States, provided the Country you are visiting has a treaty with the United States (most do under the Hague convention). While a vacation away from home with your kids is[…]

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Michigan Divorce Education Series – Understanding Michigan divorce law.

Understanding Michigan divorce law:  When people worry, it is nice when others provide comfort.  At Findling Law we provide legal advice through education.  It is our hope that these blogs, are brochures, forums and accessability will bring comfort to the person you may be worried about. We have created a series of webinars addressing common[…]

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Michigan Child Custody, Child Support and Parenting Time (Visitation) video

Michigan Divorce Education Series Michigan child custody, child support and parenting time:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering child custody, child support, and parenting time.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is[…]

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Michigan divorce update: Pension and retirement, Who is your beneficiary?

Changing pension or life insurance beneficiaries after divorce. A lesson to lawyers – The Judgment of Divorce may not be enough! In almost every Judgment of Divorce, the parties either award or waive an interest in the former spouses’ pension plan(s) or life insurance plan(s). However, if the benefit is governed by ERISA, a waiver[…]

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Michigan divorce law update: The dangers of commingling property (assets).

Commingling assets and divorce in Michigan:  When dividing property in a divorce, a primary consideration is whether the property is ‘marital’ or ‘separate’.  As a general rule, property acquired by reason of the marriage or “during the course of the marriage” is marital and is likely subject to division in the event of divorce. Conversely,[…]

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Michigan divorce law update: The Divorce Veteran benefits myth.

Divorce in Michigan and veterans benefits:  There is a myth regarding Michigan Divorce Veteran benefits and disability Veteran benefits.  The veteran benefits myth is that Congress clearly intended to protect veterans’ benefits from being awarded to anyone other than the veteran, including children and former spouses. The foundation of the veteran benefit myth likely stems[…]

Michigan divorce law update: Alimony and tax considerations.

Alimony, taxes and divorce in Michigan:  Addressing potential tax issues in your negotiations can avoid problems in the future. For example, many lawyers believe that alimony payments are always tax-deductible to the person paying and taxable as income to the recipient.  This is not the case.  In order to qualify for the taxable or tax-deductible[…]

Michigan Divorce law – Demi Moore and Ashton Kutcher divorce Do you need a prenup?

Prenup and divorce in Michigan:  NEWS FLASH:  “A year after the couple announced their split, Ashton Kutcher and Demi Moore’s divorce case is moving into the Los Angeles court system.” Ok, so maybe your net worth isn’t in excess of $290 million and the age gap between you and your spouse is not very large.[…]

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Michigan Divorce – foreign marriage – Married in another State or Country; Can Michigan hear my case?

Foreign marriage and divorce in Michigan:  The United States is a nation of immigrants, and Michigan is no different. People live in Michigan for work, school, family and a variety of other reasons.  However, when a marriage is struggling, I am often asked where can I get divorced?  Can I get a Michigan Divorce? If[…]

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