We are just living together – Common law marriages and Michigan divorce law: More people are choosing not to marry, and well, just live together. For some, marriage is the end of freedom – after all, marriage is supposed to be forever. Others choose to live together in monogamous relationships and consider marriage merely a[…]
I have this recording of my spouse . . . and Michigan divorce law: As a Michigan divorce lawyer, I recognize that it is not uncommon for someone to engage in recording a conversation to obtain evidence in contemplation of or in the middle of a divorce. Maybe your spouse is a habitual liar, or[…]
Moving out – The decision can have an effect on your divorce. We added a new page to website addressing the considerations in almost every Michigan divorce, when to move out (or should you move out)? The answer to the question involves safety, children, timing and other considerations. To view the new page on moving out[…]
Tax exemptions, tax deductions and Michigan divorce: The most comprehensive publication on tax considerations applicable to Michigan divorced or separated individuals is published by the Department of the Treasury – Internal Revenue Service Publication 504 for use in preparing tax returns. A link to the publication can be found at: http://www.irs.gov/pub/irs-pdf/p504.pdf This IRS publication addresses[…]
Conscious uncoupling: “spirit”, “soul” and divorce: According to People magazine, Gwyneth Paltrow’s mentor, Dr. Habib Sadeghi introduced her to the notion of conscious uncoupling which apparently introduces the term “spirit” or “soul” into a divorce and her recent announcement of conscious uncoupling with her husband of 10 years, Chris Martin, has made headlines, both praising[…]
Non-modifiable alimony Under Michigan divorce law the parties have a statutory right to modify alimony or spousal support. This statutory right can be found in MCL 552.28. This statute specifically allows on the petition of a party that a court may revise an alimony award. Notwithstanding the statutory right to modify alimony, your Michigan divorce[…]
Who pays for college? – Post majority child support: The birth of a child brings joy and responsibility. For many families the responsibility includes college or even graduate school, for other families, once a child reaches the age of 18, the responsibility to provide financial support for a child ends. Under Michigan law, both natural[…]
Taxes and divorce or separation: The tax rules that apply to divorce and separated individuals can be complex. In fact, the Internal Revenue Service has a 29 page publication on the subject. The publication for use in preparing your 2013 income tax returns can be found here: http://www.irs.gov/pub/irs-pdf/p504.pdf. Most Michigan divorce lawyers get nervous when[…]
Section 750.30 of the Michigan Compiled laws and provides:
“Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable for the same punishment.”
However, the crime is never enforced.
Custody modification. In Michigan, a child custody determination can be modified. The statutory authority for a court to modify a custody determination is found in Michigan Compiled Laws section 722.27(c). In order to modify a Michigan child custody determination, the party seeking to change child custody must first provide a good basis for the modification.[…]
Michigan Child Support Statute of Limitations: Yes, there a Statute of limitations for Michigan child support. The current statute of limitations on unpaid Michigan child support is 10 years from the date that the last payment is due. This Statute of limitations is set forth in Michigan Compiled Laws section 600.5809(4) and was effective[…]
Alimony guidelines in Michigan The purpose of alimony under Michigan divorce law is to provide financial support to a former spouse after divorce. Traditionally, alimony was paid by a husband to a wife however it is now not uncommon for a wife to pay her husband alimony. While some divorce attorneys and divorce client’s argue[…]
Domestic Violence and Michigan Divorce: Michigan divorce cases are not immune to domestic violence. Domestic violence is about power and control. Abusers threaten violence or use violence to control another. They know that fear provides lasting and intimidating power which damages the self-esteem of the victim. When a victim hears they are worthless and incompetent[…]
Michigan child custody law – can a child choose who to live with? One question, I get asked every week is at what age can a child choose who to live with? Not surprisingly, the question is asked after a parent determines that the child now wants to live with them. The answer to the[…]
As a general proposition, gifted and inherited property are not divided on divorce. The first step a Michigan divorce attorney takes in analyzing property division in a divorce case is to classify the property as marital or separate property. As a general proposition, property acquired by reason of the marriage or during the course of[…]
Double dipping – paying twice – is it legal? Double dipping is a legal term to describe paying twice for the same thing. When dividing property in a Michigan divorce your divorce attorney tries to maximize or minimize what is marital property depending on the circumstance. The court tries to divide marital property equitably or[…]
Motion practice – Michigan divorce law and family law: For most people a “Motion” is a term from high school physics to describe the process of being moved. In government, a motion is a formal proposal to do something. Under Michigan law a motion is a formal proposal to the court. Our attorneys use motions[…]
Ex Parte Orders and Michigan divorce law: As a Michigan divorce attorney one question I often get asked is what is an Ex Parte order? “Ex Parte” is a Latin legal term meaning “from one party”. Simply put, an Ex Parte order is an order submitted to the court without first having a hearing or[…]
Michigan is both a no-fault divorce and a fault divorce state: Is Michigan a no-fault divorce state or a fault divorce state? The answer is both. Michigan is a no-fault divorce state. Michigan is a no-fault divorce state as it relates to the grounds for divorce. Michigan became a no-fault divorce state in January of[…]
How to make your Divorce a living nightmare: Divorce can be one of life’s most stressful events. Experts on stress suggest that you learn how to relax and pay attention to your emotional needs, keep yourself physically fit and maintain realistic goals to help you navigate the stress of divorce and move on with your[…]
Livingston County Divorce Court: At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan. One of these courts is the Livingston County divorce court. The Livingston County divorce court – Family Division is simply known as the Livingston County divorce Court. The Livingston County divorce Court[…]
The formal Michigan divorce process – Divorce Steps: In Michigan, a divorce follows a formal process and our Michigan divorce attorneys understand the steps and can help you navigate the process without turbulence. The divorce steps for a Michigan divorce are as follows: Divorce steps – One: Prepare and file Complaint for divorce and ex[…]
Dividing pension benefits in a Michigan divorce: A pension plan is a contract for the payment of a fixed sum of usually following retirement. The plans are also known as defined benefit plans because the fixed sum of money is a “defined benefit”. In a Michigan divorce, property acquired during the course of the marriage[…]
Christmas parenting time (visitation) after divorce: More than 8 out of 10 Americans anticipate stress during the holiday season according to the American Psychological Association. (http://www.apa.org/helpcenter/parents-holiday.aspx) The stress felt by individuals during or after a divorce is probably higher, especially during Christmas. In Michigan, the divorce and custody court give the parties leeway in fashioning[…]
Michigan divorce experts – When do you need expert testimony? Not every divorce case requires expert testimony. However some do. In Michigan divorce cases there are three types of experts employed more than any other, a real estate expert, a valuation expert and a custody evaluator expert. The real estate expert is typically a certified[…]