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.
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[…]
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[…]
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[…]
Spousal support as we knew it Under the general principles in Michigan law and IRS regulations (IRC 71 and IRC 215), regarding an award of spousal support, the award is tax deductible to the person paying spousal support. Conversely, spousal support is taxable to the person receiving spousal support. The well-known axiom above had long been[…]
Sometimes things don’t get better. You are afraid to talk to your spouse. When you do, you feel like you are being judged, disregarded or ashamed. You start keeping secrets and contemplate having an affair. Maybe you feel that your spouse is worthless, however you still are in love. You are conflicted, torn and confused.[…]
Michigan is a no-fault divorce state and many people (and some lawyers) are of the belief that means only a 50/50 property division is fair. While it is not uncommon for a divorce to result in property acquired during the marriage to be divided 50/50, it is not what Michigan law requires. In fact, fault[…]
Divorce can be a difficult experience, especially for kids. This can be a time when your child is truly struggling – with academics, personal relationships, or managing emotions and behaviors. A little extra help in dealing with this new situation can make all the difference. But, who do you turn to? Counselors, social workers, psychologists[…]
First Responders: At Risk for Divorce First Responders are individuals who are first on the scene of an accident or disaster, such as firefighters, police officers, or other law or medical personnel. It’s no wonder why this unique category of professionals are considered to be at higher risk for troubled marriages and divorce. First Responders[…]
The Allard III case may have killed one of the most valuable tools in a Michigan divorce lawyers toolbox in drafting a separation agreement after parties marry. Unlike a pre-nuptial agreement, which is entered into before a couple gets married and predetermines the outcome of a potential divorce, a post-nuptial agreement is entered after the parties[…]
When a marriage is filled with anger, dysfunction, conflict, and even hate, it seems plausible and even reasonable that it should and will end in divorce. After all, marriage is a relationship built on love and respect that lasts until the end of time. Or at least until the love and respect run out and[…]
Alimony in Michigan When every dollar counts, paying (or not paying) taxes on alimony can be a big deal. Under Michigan law, “Alimony” is the same as “Spousal Support” and are payments made to support a spouse after divorce. The primary factors in determining an amount of alimony are the age, education, length of marriage[…]
After you and your spouse have separated, divorced, or found yourselves somewhere in between, you might find yourself in the position of finding a new love interest. And, if you already have kids, you might be wondering when the right time will be to share the news about your new partner with your kids. According[…]
It seems that there’s a coach for everything these days, and that includes divorce, too. While your Findling Law lawyer is your most trusted expert when it comes to all of the legal and strategic aspects of your divorce, you may find that you could use some other types of support during this challenging time. That’s[…]
Resolving your holiday visitation and custody schedule is yet another element of separation and divorce that needs to be settled, and survived. In a recent article, we explained how holiday visitation is resolved in Michigan. The holiday custody schedule might end up being very different from what you were expecting. How can you cope when[…]
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[…]
Co-Parenting Plan One of the biggest challenges in a divorce is the determination of how time with the child (or children, as the case may be) will be split between the parents. A written document outlining how the parents will raise the child after divorce (and, sometimes, after separation), is called a co-parenting plan, visitation,[…]
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[…]
We talk about the mechanics and strategies of divorce a lot in our blog, as you would expect. But, it’s important to also take a wider look at the effects on kids that your divorce – or decision not to divorce- may have. Staying Together may have negative effects on kids You may have been[…]
Divorce and taxes can be complicated and every divorce has tax implications. Unfortunately, many lawyers never consider the tax consequences of a property settlement, alimony award or custody award and the financial impact can be significant. Divorce and Tax Resources Disclaimer: The information provided below should be used as a reference of[…]
“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[…]
Taxes and divorce April is tax season and questions about taxes and divorce are numerous in our Michigan divorce and family law practice. Here are some key tax considerations in preparing your 2014 tax return. Divorce or separation brings many changes. Some of the changes have tax and divorce issues. Change of name: If you restored[…]
Retirement accounts and Michigan divorce The marital portion (that portion acquired during the marriage) of a retirement account is divided in a Michigan divorce in the same manner as other marital property. However, effectuating the division can be complicated. The Basics – How to divide retirement accounts. The Basics: […]
A divorce in Michigan is simply the changing of legal status by a court from married to unmarried. We invite you to explore our knowledge base. Divorce Resources We provide exceptional representation and can help you manage your situation. Quick Navigation – Divorce Divorce in Michigan explained – The basics[…]
Attachment theory describes the emotional bonds a child develops to other people and the impact the bonds have on development. Attachment theory in psychology originates from a London psychiatrist named John Bowlby and his treatment of emotionally abused children. In 1958, Dr. Bowlby developed the notion that early separations of a child with their mother[…]