Tag: Oakland County

Divorce in Oakland County

Posted on April 20, 2021April 20, 2021 by Daniel Findling

You may think that there is no difference in the divorce laws by County and you are right, sort of. Divorce law is uniform throughout the state, a divorce in Oakland County is different for a number of reasons.

Posted in Alimony, Child Custody, custody, Divorce, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling, Michigan Divorce Education Series, Michigan Divorce Information, Property Division Tagged Divorce in Oakland County, Oakland County, oakland county divorce, Oakland County Divorce Court Leave a comment

Lorie Savin – Oakland County’s New Family Court Judge

Posted on December 17, 2020April 20, 2021 by Daniel Findling

I have tried many cases before referee Lorie Savin and find her compassionate, knowledgeable and fair. Three wonderful qualities for a Michigan Divorce and Family Court Judge.

Posted in Divorce, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling, Michigan Divorce Education Series, Michigan Divorce Information Tagged Judge Savin, Oakland County, oakland county divorce, Oakland County Family Court, Oakland County Friend of the Court Leave a comment

Oakland County Friend of the Court

Posted on February 21, 2020April 28, 2020 by Daniel Findling

If you are involved in a divorce or custody matter in Oakland County Michigan than you need to know about the Oakland County Friend of the Court.Like the name implies, the Friend of the Court (“FOC”) assists the Oakland County Divorce and Family Court Judges. If an Oakland County divorce or Child custody or Child[…]

Posted in Child Custody, Child Support, custody, Divorce, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling, Michigan Divorce Information, Parenting Time, spousal support Tagged Alisa Martin, Camille Dennis, Christopher Harrington, Evanne Dietz, FOC, Friend of the court, Geoffrey Wojcikiewicz, Ilyssa Cimmino, Kate Weaver, Kathryn Mayer, Lorie Savin, Mark Sherbow, Oakland County, Oakland County FOC, Oakland County Friend of the Court, Rebecca Decoster, Rebecca Ellis, Sahera Housey, Traci Rink, Tyler Martinez Leave a comment

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Parenting time agreement

MCL 722.27a(2): If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child. The post Parenting time agreement appeared first on 248-399-3300 Findling Law.

Motion to modify parenting time

Although the threshold requirements to modify custody or a motion to modify parenting time go by the same names, proper cause or a change of circumstance to change custody or modify parenting time have different meanings. The post Motion to modify parenting time appeared first on 248-399-3300 Findling Law.

Change of custody – In three steps!

There is a general perception that court's are reluctant to change custody because it can create a lack of stability in a child's life and the perception is true. The post Change of custody – In three steps! appeared first on 248-399-3300 Findling Law.

Different types of alimony and spousal support payments

There are different types of alimony and spousal support payments. A trial court may award either periodic alimony / spousal support, or alimony / spousal support in gross. Periodic spousal support payments “are subject to any contingency, such as death or remarriage of a spouse . . . .” In contrast, spousal support in gross[...] The post Different types of alimony and spousal support payments appeared first on 248-399-3300 Findling Law.

Is there an established custodial environment?

A determination of an established custodial environment is important because a court cannot enter an order for child custody (or modify an existing order) without first determining if an established custodial environment exists and the trial court must make clear findings on this issue before deciding custody. The post Is there an established custodial environment? appeared first on 248-399-3300 Findling Law.

The most important best interest of the child factor.

The willingness and ability of each of the parties to encourage a continuing parent-child relationship with the other parent is the most important best interest of the child factor. The post The most important best interest of the child factor. appeared first on 248-399-3300 Findling Law.

Divorce and separation. What if you still love each other?

Do you love your spouse but at the same time realize you cannot be with each other? Many marriages are filled with disfunction in communication, sex, fidelity or how you spend money and no matter how much work you put into the marriage, your not sure you can make things workout. Divorce and separation are[...] The post Divorce and separation. What if you still love each other? appeared first on 248-399-3300 Findling Law.

Can you contract a cheating penalty? Divorce alternative video.

Fidelity is an obligation in almost every marriage vow. However, many marriages end because someone cheated. Which begs the question, can you contract a cheating penalty? It appears the answer is no. The post Can you contract a cheating penalty? Divorce alternative video. appeared first on 248-399-3300 Findling Law.

Proper cause to modify custody

On August 26, 2021, the Michigan Court of Appeals issued its opinion in the case of Shipley v. Shipley In this case, the father appeals the trial court’s order to modify custody and decided that there was proper cause to modify custody. The first step in modifying an existing child custody award is for the[...] The post Proper cause to modify custody appeared first on 248-399-3300 Findling Law.

Remedies for a cheating spouse in a Michigan divorce.

Adultery (when your spouse cheats is the ultimate betrayal in a marriage. In many circumstances a couple can find a way to move past the betrayal. However, in many situations, the damage is done and fixing the problem is not an option. When God gave Moses the 10 Commandments it is no surprise that one[...] The post Remedies for a cheating spouse in a Michigan divorce. appeared first on 248-399-3300 Findling Law.

Divorce myths. A video of truth.

In this article, we cover the top 10 divorce myths. When it comes to Michigan divorce law, everyone has a story about a ‘friend’ who went through a divorce and (fill in the blank) happened. Further complicating matters are the countless television shows and tabloid articles regarding divorce. While gossip, television shows and tabloid articles[...] The post Divorce myths. A video of truth. appeared first on 248-399-3300 Findling Law.

What exactly is joint custody in Michigan?

Michigan Compiled Laws section 722.26a, requires parents to be advised of joint custody and the court must consider an award of joint custody at the request of either party. The post What exactly is joint custody in Michigan? appeared first on 248-399-3300 Findling Law.

Relief from a Judgment of divorce

When property is divided in a Judgment of Divorce is typically final and non-modifiable. However, a party can petition the court for relief from a Judgment of Divorce under MCR 2.612 in certain instances. The post Relief from a Judgment of divorce appeared first on 248-399-3300 Findling Law.

Divorce in Oakland County

Michigan adultery law – it is a crime.

Adultery under Michigan adultery law is never enforced. However, the adultery statute provides: “Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.” Michigan Compiled Laws 750.29 The punishment for the crime of adultery is severe. Adultery is a felony, which means adultery is punishable by more than[...] The post Michigan adultery law – it is a crime. appeared first on 248-399-3300 Findling Law.

Michigan Child Support Formula Manual 2021 – Change is here!

The Michigan Child Support Formula Manual an the Michigan Child Support Formula Supplement were updated. The new guidelines are effective January 1, 2021. The 2021 Michigan Child Support Formula Manual provides the formula utilized by Michigan Court’s to determine a child support obligation. With very limited exceptions Michigan Court’s may not deviate from the formula.[...] The post Michigan Child Support Formula Manual 2021 – Change is here! appeared first on 248-399-3300 Findling Law.

What is separate property in a Michigan divorce?

When love and respect run out and a divorce is pending, it is important to understand what is separate property because under most circumstances separate property is not divided in a divorce case. Typically, separate property is identified as: “[p]roperty that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a[...] The post What is separate property in a Michigan divorce? appeared first on 248-399-3300 Findling Law.

Divorce, property and a real estate commission

When negotiating a Michigan divorce, is it appropriate to deduct an unrealized real estate commission? In this case, the Michigan Court of Appeals decided that it is not appropriate to do so. When a marital home is at issue in a Michigan divorce, a court has three choices. The court can either award the home[...] The post Divorce, property and a real estate commission appeared first on 248-399-3300 Findling Law.

Divorce and inherited property – how to keep it.

Michigan compiled law 552.19 provides that inherited property is separate property because it is not acquired "by reason of the marriage", however there are exceptions. The post Divorce and inherited property – how to keep it. appeared first on 248-399-3300 Findling Law.

What is a custodial parent in Michigan?

In Michigan, a custodial parent is the the parent with whom a child spends the majority of overnights with during the course of a year. This definition is similar to that used by the Internal Revenue Service when determining dependent status for tax purposes. The post What is a custodial parent in Michigan? appeared first on 248-399-3300 Findling Law.

Determining Income for support

Determining income for child support or alimony purposes in Michigan often requires looking beyond the tax returns. So what is considered income for support in Michigan? Income for support and the 2021 Michigan Child Support Formula Manual Chapter 2 of the 2021 Michigan Child Support Formula Manual is a good resource in how to determine[...] The post Determining Income for support appeared first on 248-399-3300 Findling Law.

The role of the custodial parent in Michigan Divorce.

The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[...] The post The role of the custodial parent in Michigan Divorce. appeared first on 248-399-3300 Findling Law.

Proper cause or change of circumstances

There is a barrier to modification of custody, child support, spousal support (alimony) and parenting time. The barrier is proper cause or change of circumstances. In a prior article, we examined the seminal case on the subject, Vodvarka v. Grassmeyer which defines both proper cause and change of circumstances in the context of a child[...] The post Proper cause or change of circumstances appeared first on 248-399-3300 Findling Law.

Michigan divorce law and change of circumstances.

In Michigan a change of circumstances is required to modify custody, child support, spousal support or parenting time. One of the most common questions asked to practitioners in family law cases involves modification of custody, child support, spousal support or parenting time in circumstances when the client perceives the result as unfair. In addressing the[...] The post Michigan divorce law and change of circumstances. appeared first on 248-399-3300 Findling Law.

Can you move with kids now that you can work from anywhere?

In Michigan, several key legal provisions govern with respect to where you can live and move with your kids including Michigan Compiled Laws section 723.31(1). and Michigan Compiled Laws section 723.31(4) The post Can you move with kids now that you can work from anywhere? appeared first on 248-399-3300 Findling Law.