Property division and divorce in Michigan – Michigan Divorce Attorney – Articles and Videos
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[…]
Law and Equity – Doing what is fair in Michigan divorce and Michigan custody cases. In Michigan divorce and Michigan custody cases, the judge sits in both law and equity. Divorce and custody law is the written rules of law found in statutes, court rules and court cases. Equity is best described as doing what[…]
A business valuation in a Michigan divorce is important in making sure the division of the marital estate is fair. After all, if you do not know the value of an asset, any proposed division is just a guess. Michigan divorce lawyers often employ an expert accountant to conduct a business valuation in a Michigan[…]
No fault divorce in Michigan By: Daniel Findling No fault divorce in Michigan became effective on January 1, 1972. The no fault divorce in Michigan statute is located in Michigan compiled laws section 552.6 and provides that a divorce may be filed upon the allegation that there is a “breakdown of the marriage relationship to[…]
Michigan divorce and domestic spying Is somebody watching me or am I just paranoid? Michigan divorce and domestic spying. By: Daniel Findling In Michigan, fault can play a role in an alimony award, property division and even child custody cases. Our Michigan divorce team has written several articles on the issue of fault: Michigan divorce[…]
Something is not right . . . should I hire a private investigator? By: Daniel Findling (c) 2014 When people think of a private investigator they might think of Magnum PI or an anonymous looking person sitting in a car, eating a cheese burger while trying to catch a cheating spouse in the act. Reality[…]
The case of fault in Michigan divorce. By Daniel Findling: In prior articles we explored the notion of fault in Michigan. Fault in Michigan is relevant. Michigan is both a fault and a no fault State. The grounds for a divorce in Michigan are no-fault, however fault can play a role in addressing issues of[…]
Michigan divorce settlement agreement: – When can you change your mind? Careful consideration should be taken before entering into a settlement agreement. As once a settlement agreement is reached you usually cannot disavow it merely because you have a change of heart. Courts must uphold divorce property settlements reached through negotiation and agreement of the[…]
I have this tracking device . . . and Michigan divorce law: As a Michigan divorce lawyer, I recognize that it is not uncommon for a spouse to use a GPS tracking device to validate their suspicions of an affair. Consumers can now have access to devices previously only accessible by governmental agencies, the police[…]
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[…]
I have this recording of my spouse . . . and Michigan divorce law: As a Michigan divorce lawyer, I recognize that it is not uncommon for someone to engage in recording a conversation to obtain evidence in contemplation of or in the middle of a divorce. Maybe your spouse is a habitual liar, or[…]
Tax exemptions, tax deductions and Michigan divorce: The most comprehensive publication on tax considerations applicable to Michigan divorced or separated individuals is published by the Department of the Treasury – Internal Revenue Service Publication 504 for use in preparing tax returns. A link to the publication can be found at: http://www.irs.gov/pub/irs-pdf/p504.pdf This IRS publication addresses[…]
Taxes and divorce or separation: The tax rules that apply to divorce and separated individuals can be complex. In fact, the Internal Revenue Service has a 29 page publication on the subject. The publication for use in preparing your 2013 income tax returns can be found here: http://www.irs.gov/pub/irs-pdf/p504.pdf. Most Michigan divorce lawyers get nervous when[…]
Section 750.30 of the Michigan Compiled laws and provides:
“Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable for the same punishment.”
However, the crime is never enforced.
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 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[…]
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[…]
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[…]
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[…]
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: 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[…]
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[…]
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[…]
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[…]
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[…]