Divorce Education – Michigan Divorce Attorneys – Clients – Articles and Videos
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[…]
Custody in Michigan – Best interest of the child factor (b) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (b). Best interest of the child factor (b) examines the capacity and disposition of the parties involved to[…]
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[…]
Michigan parenting time and the child’s birthday Parenting time in Michigan time governs the times and frequency parents spend with their children. In a perfect world, parents get along and a parenting time order could read something like: “The parents are awarded liberal and frequent parenting time”. Since we do not live in a perfect[…]
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[…]
Holiday Parenting Time in Michigan The holidays can be overwhelming for families that are divorced or in the process of getting a divorce. While the holidays are traditionally spent as one family, after divorce, the holidays are typically celebrated in two different households sharing similar (or different) traditions. While many Michigan divorce and Michigan custody[…]
Child Custody in Michigan – Do not make it the kids fault. A divorce or custody in Michigan case impacts more than the parents. It impacts the children. In times of change, it is important to protect children from a pending divorce or custody in Michigan case. Parents should remember that a divorce or custody[…]
The case of the engagement ring and Michigan divorce. Here are the facts: A man and woman were engaged in August of 1996, at which time the man gave his fiancé a custom designed engagement ring that he purchased for $19,500.00. However, when the man asked the woman to sign a pre-nuptial agreement, the women[…]
Can a child decide where they want to live? Michigan child custody law is governed by Michigan Compiled Laws section 722.23 often called the best interest factors. Factor (i) of the best interest factors provides that a court should consider the reasonable preference of the child, if the court considers the child to be of[…]
Divorce attorney fees – getting your spouse to pay. By: Daniel Findling Divorce attorney fees – getting your spouse to pay. Quality representation is not always cheap. A common question is can you get your spouse to pay for your divorce attorney fees? The answer is yes. Michigan divorce law provides authority to request the[…]
Physical custody in Michigan: By: Daniel Findling Physical custody in Michigan explained. Unlike legal custody, which awards a parent with access to the educational, medical, religious and other pertinent records of the child. Physical custody in Michigan is not easily defined. The problem with defining Physical custody in Michigan arises from the current child custody[…]
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[…]
Interrogatories – Asking questions in a Michigan divorce By: Daniel Findling In preparing a divorce case in Michigan, your Michigan divorce attorney should conduct discovery on your behalf. Discovery is the process by which lawyers obtain answers to questions under oath and subject to the penalty of perjury. The three major types of discovery are[…]
The Selfless Divorce. By: Daniel Findling Divorce is sometimes described as a selfish act, especially when children are involved. How many times have you heard or been a participant in a conversation like this: “Did you hear ______ is getting a divorce . . . I feel so bad for the children . . .[…]
The following guide is provided as an outline of child custody laws in MI. Our Michigan divorce attorneys have provided the following guide to help you understand what every parent should know about child custody laws in MI. When a child is involved in a divorce the energy often rises. Parents have to deal with[…]
Joint Legal custody in Michigan: By: Daniel Findling Physical custody and joint legal custody in Michigan explained. Unlike physical custody, sometimes called the custodial parent which defines where a child lives on a day to day basis, legal custody defines the right to make legal decisions for the child regarding education, health care, religion, and[…]
I received a phone call from an attorney (not related to my firm) this morning requesting assistance on determining income for child support purposes from a self employed individual. His client’s ex-husband was a self employed truck driver grossing $160,000.00 per year. However, after deductions, his income was significantly less. One deduction appeared questionable, the[…]
Michigan legal custody – What to do when you cannot agree? By: Daniel Findling Most divorce cases end with both parents being awarded joint legal custody. “Joint legal custody” means both parents are entitled to equal access and input to the educational, medical, religious needs of the child. With joint legal custody parents must jointly[…]
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[…]
Is the right to parent a fundamental right? The answer is yes! The 14th Amendment’s due process clause of the U.S. Constitution protects “life, liberty or property”. Fundamental rights are rights so important that the U.S. Constitution provides for heightened protection against government interference. Without this heightened protection against government interference, States could could infringe on “life,[…]
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[…]
Non-modifiable alimony Under Michigan divorce law the parties have a statutory right to modify alimony or spousal support. This statutory right can be found in MCL 552.28. This statute specifically allows on the petition of a party that a court may revise an alimony award. Notwithstanding the statutory right to modify alimony, your Michigan divorce[…]
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[…]
Custody modification. In Michigan, a child custody determination can be modified. The statutory authority for a court to modify a custody determination is found in Michigan Compiled Laws section 722.27(c). In order to modify a Michigan child custody determination, the party seeking to change child custody must first provide a good basis for the modification.[…]