Custody

Communication during divorce

Good communication can be a foundation to understand and address issues that may be of concern for parents with children going through a divorce. Sharing information regarding school work, doctor appointments and extracurricular activities can help foster and encourage a good parent child relationship with both parents. Unfortunately, good communication during divorce can be complicated[…]

Custody in Michigan

Granting sole legal custody

Granting sole legal custody to a party is not very common, however there are facts and circumstances sufficient to do so. Unlike parenting time, which defines the frequency and duration each parent spends with a child, legal custody describes decision making authority. The law defining legal custody can be found in Michigan Compiled Laws, section[…]

Alimony in Michigan Spousal support

How to change spousal support?

The statutory right to modify spousal support is outlined in MCL 552.28, “. . . the court may revise and alter the judgment, respecting the amount or payment of the alimony” but the statute does not provide how to change spousal support? “The object in awarding spousal support is to balance the incomes and needs of the **302 parties so[…]

Ex parte

What is an Ex Parte Order?

“Ex Parte” is a latin phrase every law student learns in the first year of law school and literally means: “on one side only” or “by or for one party”. An ex parte order is a court order entered by only hearing one side of a case instead of both sides. Unlike an Order entered[…]

property

Fault, divorce and property division.

On September 23, 2024, the Michigan Court of Appeals issued its opinion in the case of Qualls vs. Jenkins. In this case, the husband appealed the trial court determination that he was at fault during the course of the marriage when dividing marital property. The most important case that describes how property is divided in[…]

Parenting Time

Motion to Modify Parenting Time to play baseball denied.

On September 12, 2024, the Michigan Court of Appeals issued its opinion in the case of Curtis vs. Curtis. At trial, Mr. Curtis filed a Motion to Modify Parenting Time and his Motion to allow the children to play travel baseball and his request was denied. He requested appellate review. The parties divorced in September[…]

Moving out of the house

The decision to move out of the house.

You made the decision your marriage is over and you want out. Michigan law does not require you to stay in the house during a divorce. You may want to avoid conflict or simply begin the process of moving on. However, you should consider the following before deciding to move out. First, there are financial[…]

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When is a divorce settlement final?

Suppose a client comes into your office expressing buyer’s doubt, buyer’s remorse, regret, or simply that sinking feeling experienced a few hours or days after settlement. The client has changed his/her mind. Typically, the client is seeking a second opinion, having lost confidence in his/her lawyer. Most lawyers want to make their clients happy. However,[…]

Parenting time Agreements

When parents agree on parenting time.

Divorce can be a highly stressfull exerience for parents and children alike. One of the most stressful issues is often the frequency and duration each parent spends with a child (parenting time). When parents agree on parenting time terms, this stress is often minimized. Parenting time in Michigan is governed by statute. Specifically, Michigan Compiled[…]

Parenting time

Parenting time provisions

Parenting time defines the frequency and duration a parents spends with a child in the context of a divorce or child custody case. Regular parenting time provisions exclude holidays and school breaks and generall consists of a bi-weekly schedule. In certain circumstances, such as when a parent has an irregular work schedule or lives far[…]

property division

Does size really matter? Wedding ring, marriage expenses and divorce.

Does size really matter in marriage? A study published in the Journal of Economic Inquiry examined if the amount of money spent on a wedding could predict the length of a marriage. The study suggested that the more money spent on an engagement ring does not predict a longer marriage. Rather, the data suggests the[…]

Custody in Michigan
TheDivorceGuy.com

Divorcing a narcissist.

If your spouse has a grandiose sense of self importance, exaggerates achievements and talents, is preoccupied with fantasies of success, power beauty and idealization, then, according to the diagnostic and statistical manual of mental disorders, you may be married to a narcissist. There are two paths to every divorce, the legal path and the emotional[…]

Custody in Michigan

Best Interest of the child questions to ask?

Every child custody or parenting time case requires an examination of what is in the Best interest of the child which are 12 factors defined in Michigan Compiled Law section 722.23. In this article, we will explore sample questions that can be asked relating to each Best Interest of the child factor. Sample Best interest[…]

TheDivorceGuy.com

Where do you file for divorce?

In Michigan, you file for divorce in the county in which you or your spouse reside. However, there are certain requirements which must be met before you can file for divorce which are set forth in Michigan Compiled Laws section 552.9. State residency requirment: Prior to filing a complaint for divorce you or your spouse[…]

Jugde Amanda Shelton

The Divorce Judges of Oakland County 2024

The 2024 Judges of Macomb County come from a diverse background and family law experience. At Findling Law, we have the great privilege of appearing before all seven of the full-time family court (divorce court) Judges of Oakland County. These Judges are assigned cases involving divorce, custody, support and related family law matters. In this[…]

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How to change custody in Michigan

A child custody decision is always modifiable. After all, circumstances change and when they do, it may warrant a change. However, it is not easy to change custody in Michigan. In fact, there are legal barriers which must be met to avoid disruptions. The legal authority to modify custody in Michigan can be found in[…]

Michigan Divorce

Frustrated and thinking about divorce?

Happiness and “in love” are not always equal. You can remain in love with your spouse and remain unhappy in your marriage. Communication, trust and forgiveness may be cornerstones to a successful marriage, however, so is happiness. After all, everyone should have a right to be happy. If you are frustrated and thinking about divorce[…]

Property in Michigan

Can I keep my house in a divorce?

The connection to a home can be profound. Homes serve as a backdrop for signifigant events and milestone. A home is typically associated with feelings of comfort, saftey and security. Homes can also have sentimental value, especillay if there are children involved. Homes can also have value as an investment. Which begs the question: “Can[…]

Property division

The marital estate – What to divide?

The importance of understanding the nature and extent of the marital estate before reaching a settlement cannot be understated. After all, if you do not know what there is to divide, how can you determine if a deal is a good or bad deal? Lawyers obtain this information through a process called discovery. Sometimes, the[…]

Parenting Time

An introduction to parenting time

Parenting time (visitation) defines the frequency and duration each party spends with their child. Under Michigan law, parenting time is governed by statute. Specifically, Michigan Compiled Laws 722.27a, which is more commonly known as the parenting time statute.

Custody in Michigan

An introduction to custody

There are two types of custody. Legal custody, which describes how parents shall share decision-making authority MCL 722.27a and Physical custody describes physical care and supervision of a child. MCL 722.1102(n).

Custody in Michigan

Temporary custody orders

A request for a temporary custody order may be made at any time during the pendency of the case by filing a verified motion that sets forth facts sufficient to support the relief requested. (See: MCR 3.207(C))

Parenting Time

How to enforce parenting time (or any order).

On October 26, 2023, the Michigan Court of Appeals issued its opinion in the case of Josey vs. Hayes. An appeal filed by Ms. Hayes after the trial court found her in contempt of court for failing to abide by a parenting time order. Althought Ms. Hayes managed to win on appeal (the trial court[…]

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