Divorce laws in Michigan

What are the divorce laws in Michigan?

The divorce laws in Michigan provide that a divorce will be granted upon a finding by the court  that there has been a breakdown in the marriage. This language summarizes the no-fault divorce law that changes your legal status from married to divorced.  The Divorce Laws in Michigan – No fault divorce. The no-fault divorce[…]

Michigan divorce steps video webinar

With over 21,000 views in just a few years we decided it was time to update another of our most popular webinars. The Michigan Divorce Steps (Michigan Divorce Process) video webinar provides the most updated information on the steps of a Michigan divorce. We believe that knowledge is not only comforting but will put you[…]

Child Custody Laws in Michigan – The case of Farris v. Farris

On December 17, 2019, the Michigan Court of Appeal issued an opinion in the case of Kristina Reslin Farris vs. Eric Daniel Farris. The case examines child custody laws of Michigan after the trial court awarded Kristina sole legal custody and sole physical custody of the parties’ two minor children. Eric had a history of[…]

Custody in Michigan

How to get custody in Michigan

Most people will do anything for their children. Unfortunately, when a relationship is on the rocks child custody may become an issue. So, how do you get child custody in Michigan? We provide answers to this question and explore many of the nuances in Michigan child custody law. How to get child custody in Michigan[…]

Legal Separation in Michigan

If divorce has crossed your mind but you are not ready to file, you may want to consider legal separation. Deciding to stay or leave takes courage. Legal separation in Michigan can be as simple as a private agreement to separate to a legally enforceable document.

Custody in Michigan

Divorce in Michigan

The grounds for divorce in Michigan are simple. One party must allege that there is a breakdown of the marriage, the objects of matrimony are destroyed and there is no likelihood that the marriage can be saved. The grounds for divorce is what makes Michigan a no-fault divorce state. As a no-fault state, some people[…]

Divorce vs Separation

A comparison of Divorce vs Separation at first seems simple. In a Divorce you end the marriage. In a Separation Agreement you remain married. There are three ways to separate in Michigan. So the comparison of Divorce vs. Separation is not so obvious.

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.

Michigan Choice of school law. The nitty gritty details.

Most divorce and custody cases include an award of joint legal custody. As a joint legal custodian, both parents share equally in major decisions involving a minor child and one of those major decisions is the choice of school a child should attend. If a dispute arises, here are the nitty gritty details on choice[…]

Oakland County Divorce
Emotional Divorce

The decision to divorce – How to decide. Is divorce in your future?

The decision to divorce is not easy. After all, you committed to stating married “for better or worse”.  While some people get married for the wrong reason, others were once built on love and mutual respect which has evolved to disdain and conflict. How to make the decision to divorce? The decision to divorce –[…]

Court Order

A court speaks through its orders, not its oral statements.

In the majority of divorce and family law cases, a court will issue its opinion from the bench. This is more common during motion call. The other times a court will issue a written opinion. Careful drafting is important because a court speaks through its orders. When a court issues its opinion from the bench,[…]

Can you force your spouse to move out of the house?

Sometimes “forever or worse” becomes “get out of the house” which begs the question, what can you do if your spouse won’t move out of the house? In the context of a Michigan divorce there are only two ways to compel someone to move out of the house. The first way to compel your spouse[…]

Physical and Legal Custody

When legal custody won’t work. (What is physical and legal custody?)

Physical custody if Michigan is an archaic term to describe the parent that spends the majority of parenting time with a minor child. Traditionally, the parent who is awarded the most parenting time was awarded sole physical custody. So, what happened to physical custody in Michigan?, in simple terms the phrase physical custody has gone[…]

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[…]

child custody

Michigan child Custody and Parenting Time Appeals

The Michigan Court Rules governing Appellate Rules can be found in Chapter 7 of the Michigan Court Rules. In simple terms a custody or parenting time appeal means judicial review by the Court of Appeals of a trial court decision. There are two types of appeals, an appeal of right and an appeal by leave.[…]

Michigan Divorce

Should you get a divorce?

One of the hardest conversations I ever have is when someone asks me what I think about the question: “Should I get a divorce?” Although I am an attorney and counselor of law, I am not clergy or a therapist. Divorce may be good for business, however, it is not what we are about. We[…]

parenting time

Should you modify custody or modify parenting time?

The decision to modify custody or modify parenting time depends on the gravity of the change being requested. If the change is minor, the modification request is generally considered a request to modify parenting time. If the requested modification is significant, the modification is generally considered a request to modify custody. Distinguishing between the two[…]

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[…]

Paying for college

How a shoplifter avoided a change of custody.

On December 20, 2018, the Michigan Court of Appeals examined a motion for change of custody filed by the father in the case Argel vs. Argel. At the divorce trial, the trial court determined that the child’s custodial environment was with mother and that the child’s best interests were served by awarding sole physical custody[…]

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