Michigan child custody laws provide a two-step process for determining child custody. The first step determines the existence of an establish custodial environment which determines the burden of proof required. The second step examines the best interest of the child factors which must be examined by the court applying the applicable burden of proof.
A Restraining Order is an order used to protect the parties property and finances in a divorce case. There are two types of restraining orders typically filed in every Michigan divorce. First, is a Restraining Order against property transfer and preservation of the marital estate. Second, is a Financial Status Quo Order.
You cannot file a child custody action in Michigan before a child is born because an unborn child is not a person, rather a potential life.
Visitation and parenting time mean exactly the same thing under Michigan law. The term visitation is old and more appropriate for visiting someone in prison than enjoying time with a child. Some time ago, in an effort to avoid marginalizing or insulting a parent, courts began replacing visitation with the term parenting time, a kinder[…]
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.
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.
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.
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[…]
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.
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.
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[…]
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[…]
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.
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[…]
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)
Michigan divorce law distinguishes between active and passive appreciation when dividing retirement accounts in divorce. The seminal case on point is Reeves vs. Reeves.
Can a court impute overtime income in calculating child support? This issue was addressed by the Michigan Court of Appeals on September 10, 2020, in its opinion in the case of Olivero v. Olivero. In the Olivero case, the father objected to a Friend of the Court recommendation which imputed overtime income to father in[…]
The ex spouse of a worker covered by social security may qualify for a benefit equal to 50 percent of the insured worker’s primary insurance amount while the worker is living and 100 percent of the insured worker’s primary insurance amount after the insured workers death. See: 42 USC 402(b)(2),(c)(2),(e)(2)(a), (f)(3)(A). The benefits paid to[…]
An annulment, is a judicial determination that the marriage did not occur. A divorce is the changing of the legal status by a court from married to unmarried. The grounds for an annulment in Michigan. The grounds recognized for an annulment in Michigan are: Bigamy (married to more than one person); A marriage to a[…]
There are two paths in every divorce, the emotional path and the legal path. We trust that you understand how you feel. We help you understand the law.
There are two common ex parte orders entered in a Michigan divorce case. The first is called a financial status quo order and the second is a restraining order regarding property transfer.
This How to divide property in divorce video provides a detailed explanation of property division and Michigan divorce law in an easy to understand format. Under Michigan law, property consists of both assets and liabilities. The core focus to divide in divorce is on property (assets and liabilities) acquired during the course of the marriage.[…]