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Oakland County Divorce
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[…]

Separation in Michigan

Legal separation in Michigan

There are three types of legal separation in Michigan. The first type of legal separation in Michigan is called a Separate Maintenance Agreement. A Separate Maintenance Agreement is similar to a divorce. One party files a Complaint for Separate Maintenance with the court. Unlike a divorce were the court ends the marriage with a Judgment[…]

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[…]

big mistake

We made a “BIG” mistake in the Judgment of Divorce.

What happens when you make a mistake in a Judgment of Divorce?  The answer is it depends.  If both parties agree, a mistake is easily corrected.  However, if the mistake favors one party, it is not always easy. In the case of Amante v. Amante, Mich App. Case No. 331542, the parties entered into a[…]

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 divorce

Dropping the Bombshell: How to Tell Your Spouse You Want a Divorce

So, you’ve done your soul searching, a lot of solid research in our extensive information library, and spoken with your Findling Law divorce attorney about your situation. You have concluded that divorce is right for you. Now, it’s time to think of how to tell your spouse you want a divorce. Know what you want[…]

Considering divorce

6 Things to Know When Considering Divorce

Making the choice to divorce is a big deal. A really big deal.  You won’t be making this decision on a whim, nor should you make it without empowering yourself with information. Here are 6 things you need to know when considering divorce.       Know when to see a lawyer. A divorce is[…]

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,[…]

How to hide assets in a divorce case.

Why hide assets in a divorce case?   The answer is simple, to prevent sharing the assets with your spouse.   WARNING:  Do not hide assets in a divorce case!  –  “Don’t do the crime, if you can’t do the time” – Baretta.  Hiding assets in a divorce case may be illegal and the consequences will[…]

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[…]

Business value and divorce

The value of a business in divorce – part 2

In the  first part of this two part series on determining the value of a business in divorce we examined four definitions of value in a divorce.  The four definitions are Fair Market Value, Fair Value and Investment Value and Holders Interest Value. It does not matter if the business was started during the course[…]

Marriage and divorce

Marriage is the chief cause of divorce

“Marriage is the chief cause of divorce.” The satirical title of this post, “Marriage is the chief cause of divorce” is credited to Julius Henry who is most commonly known as Groucho Marx the rapid fire comedian.  However, divorce is never funny. While marriage can be wonderful, it can also be problematic.  For many, marriage[…]

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[…]

Legal Separation

Legal Separation in Michigan

Legal Separation in Michigan by:  Daniel Findling Legal separation in Michigan is different than other states.   While some states require a period of legal separation before a couple can get divorced, Michigan does not. Legal separation in Michigan is technically called a Separate Maintenance Agreement.  While it only takes one person to get divorced in[…]

Security for support

Support security – Securing the future payment of child support and alimony

Support security – Securing the future payment of support:  By Daniel Findling –  Divorce always involves change and an important change in almost every Michigan divorce or legal separation in Michigan is financial. For many, child support payments and alimony payments (spousal support) are an important financial component in moving forward after a divorce or[…]

We are just living together – Common law marriages and Michigan divorce law

We are just living together – Common law marriages and Michigan divorce law:  More people are choosing not to marry, and well, just live together.  For some, marriage is the end of freedom – after all, marriage is supposed to be forever.  Others choose to live together in monogamous relationships and consider marriage merely a[…]

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[…]

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,[…]

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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