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abandonment

Dear John letter? Abandonment in a Michigan divorce case.

“By the time you read this line, I’ll be gone. . .” originates from a popular 1980’s sit-com by the name Dear John starring Judd Hirsch, premised the abandonment of his wife, who simply got up and left his relationship. Abandonment may be relevant in a Michigan divorce but is not an independent cause of action[…]

Fault

Fault.  Another fight of the century – Ali v. Ali (not really)

In the case of Ali v. Ali, the husband took an appeal from the trial court’s decision to award the wife 80% of the value of the marital home.  Why? Because the court found him at fault for lying to the court about his assets and income. While there is no requirement under Michigan law[…]

role of fault

The role of fault – “He hit me and gave me a bloody nose.”

It just happens that one of the most common questions asked is the role of fault in a Michigan divorce and on July 18, 2017, the Michigan Court of Appeals addressed the issue in the case of Koch v. Koch.  The Koch marriage began in 1987 and ended October 17, 2014.  The parties had one[…]

50/50 property

Consider fault when a 50/50 property division is not fair

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[…]

The case of Fault in Michigan divorce – Property division

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 law update: Fault matters

Fault matters and Divorce in Michigan:  On June 26, 2012, in Gill vs. Gill, Jr., docket no. 301839, the Michigan Court of Appeals upheld an award of approximately 75% of the marital estate to our client. The trial court found the husband significantly at fault for the marital dissolution. Daniel Findling argued at trial that[…]