Divorce myths

Divorce myths. A video of truth.

In this article, we cover the top 10 divorce myths. When it comes to Michigan divorce law, everyone has a story about a ‘friend’ who went through a divorce and (fill in the blank) happened. Further complicating matters are the countless television shows and tabloid articles regarding divorce. While gossip, television shows and tabloid articles[…]

Relief from a Judgment of divorce

When property is divided in a Judgment of Divorce is typically final and non-modifiable. However, a party can petition the court for relief from a Judgment of Divorce under MCR 2.612 in certain instances.

Oakland County Divorce

Divorce in Oakland County

You may think that there is no difference in the divorce laws by County and you are right, sort of. Divorce law is uniform throughout the state, a divorce in Oakland County is different for a number of reasons.

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.

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.

Retirement
Divorce process in Michigan
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[…]

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,[…]

Zoom hearing
Separate property

How to divide property in divorce video.

This How to divide property in divorce video provides a detailed explanation of property division and Michigan divorce law in an easy to understand format. Under Michigan law, property consists of both assets and liabilities. The core focus to divide in divorce is on property (assets and liabilities) acquired during the course of the marriage.[…]

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Michigan Common Law Marraige

Michigan Common Law Marriage

Michigan common law marriage was abolished in 1957.  Common law marriage is the recognition of a marriage without being officially married. Under Old English Common Law (and in many states) when a couple lives together and holds themselves out to friends and family as being married had the same effect as officially tying the knot.[…]

adultery in Michigan

Adultery and divorce

Adultery is the ultimate betrayal and the cause of many divorces it is also a crime. Adultery is defined in the Michigan Penal Code Section 750.29 which defines adultery as: 50.29 Adultery; definition.Sec. 29.   Definition—Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person. Interesting enough, other sexual[…]

nitty gritty

Prenups – The nitty gritty details part three.

. . . we recognize that antenuptial agreements are no longer considered “void ab initio as contrary to public policy” in Michigan so long as certain fairness standards are met

nitty gritty

Prenupital Agreements – The nitty gritty details part two.

In part one of this series on prenuptial agreements (an agreement made by a couple before they marry concerning their assets and support should they divorce), we discussed the seminal case law on prenuptial agreements in Michigan.

nitty gritty

Prenuptial Agreements – The nitty gritty details part one.

Under most circumstances, a prenuptial agreement is enforceable under Michigan law. An exception exists if a spouse is left with nothing, in such an instant a court may invade the separate property of the other spouse.

Alimony in Michigan

I won the lottery in my divorce! Do I have to share it? MI Property Division Law

In today’s paper I read: “Pontiac man who won Mega Millions during divorce case during divorce case must share with ex-wife”. To the average person, the headline may seem shocking, however, to the sophisticated Michigan divorce lawyer who understands Michigan property division law, the decision is not. A. Background Richard and Beth Zelasko were married[…]

default judgment

Default and Default Judgments

When a party named in a divorce fails to respond or otherwise defend the lawsuit the other party can request the entry of a default by filing with the court a request and affidavit. Once a default is entered the other party can request the entry of a default Judgment of Divorce allowing the divorce[…]

Divorce Alternatives

How to get relief from a Judgment of Divorce.

Once a Michigan Judgment of Divorce is entered most people think that things are final and they are right. The limited exception to this rule applies to custody, parenting time and support which can change when there is a change of circumstances.  However, there are certain limited circumstances when you can request a court to[…]

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How is property divided in a Michigan divorce?

How property is divided in a Michigan divorce can be complicated and technically complex yet at the same time relatively simple in many ways. Simply put, marital property is divided fairly in light of all of the circumstances.  The seminal case on point is Byington v. Byington, 224 Mich App. 103 (1997). “To reach an[…]

settlement agreement

Can you change your mind after settlement?

You successfully settled your divorce case when you wake up the next morning with regret, buyer’s remorse, or simply that sinking feeling experienced about what you just did. Can you change your mind after settlement? The first step in the analysis is determining if your settlement is in fact a contract. Was there an offer[…]

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