Michigan Divorce and Family Law Education
With over 100,000 views, the Michigan Divorce Education Series provides information that matters to you most.
Author: Daniel Findling
How to get custody in Michigan
Most people will do anything for their children. Unfortunately, when a relationship is on the rocks child custody may become an issue. So, how do you get child custody in Michigan? We provide answers to this question and explore many of the nuances in Michigan child custody law. How to get child custody in Michigan[…]
Legal Separation in Michigan
If divorce has crossed your mind but you are not ready to file, you may want to consider legal separation. Deciding to stay or leave takes courage. Legal separation in Michigan can be as simple as a private agreement to separate to a legally enforceable document.
Divorce in Michigan
The grounds for divorce in Michigan are simple. One party must allege that there is a breakdown of the marriage, the objects of matrimony are destroyed and there is no likelihood that the marriage can be saved. The grounds for divorce is what makes Michigan a no-fault divorce state. As a no-fault state, some people[…]
Divorce attorney for men or women in Michigan?
You may be tempted to seek out a divorce attorney for men or women only. There are a lot of attorneys who market themselves as representing men in divorce only or woman in divorce only. The truth about Divorce Attorney for Men or Women The truth is, an experienced divorce attorney understands divorce regardless of[…]
Michigan Common Law Marriage
Michigan common law marriage was abolished in 1957. Common law marriage is the recognition of a marriage without being officially married. Under Old English Common Law (and in many states) when a couple lives together and holds themselves out to friends and family as being married had the same effect as officially tying the knot.[…]
Divorce Process in Michigan
The Michigan Divorce Process In Michigan, a divorce follows a formal process. However, there is no requirement to follow every step in a divorce. In fact, most cases settle during the divorce process. Divorce Process in Michigan – the basics. The Divorce process in Michigan can be described in five basic steps. However, most Michigan[…]
Divorce vs Separation
A comparison of Divorce vs Separation at first seems simple. In a Divorce you end the marriage. In a Separation Agreement you remain married. There are three ways to separate in Michigan. So the comparison of Divorce vs. Separation is not so obvious.
Michigan Alimony Calculator
Unlike the Child Support there is no specific formula for alimony. Notwithstanding, lawyers and judges have resources that serve as a Michigan Alimony Calculator.
Adultery and divorce
Adultery is the ultimate betrayal and the cause of many divorces it is also a crime. Adultery is defined in the Michigan Penal Code Section 750.29 which defines adultery as: 50.29 Adultery; definition.Sec. 29. Definition—Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person. Interesting enough, other sexual[…]
Prenups – The nitty gritty details part three.
. . . we recognize that antenuptial agreements are no longer considered “void ab initio as contrary to public policy” in Michigan so long as certain fairness standards are met
Prenupital Agreements – The nitty gritty details part two.
In part one of this series on prenuptial agreements (an agreement made by a couple before they marry concerning their assets and support should they divorce), we discussed the seminal case law on prenuptial agreements in Michigan.
Prenuptial Agreements – The nitty gritty details part one.
Under most circumstances, a prenuptial agreement is enforceable under Michigan law. An exception exists if a spouse is left with nothing, in such an instant a court may invade the separate property of the other spouse.
Michigan Choice of school law. The nitty gritty details.
Most divorce and custody cases include an award of joint legal custody. As a joint legal custodian, both parents share equally in major decisions involving a minor child and one of those major decisions is the choice of school a child should attend. If a dispute arises, here are the nitty gritty details on choice[…]
The Oakland County Divorce Court Judge. The new and the seasoned.
There are seven family division judges in Oakland County that make up the Divorce Court Judges of Oakland County and we provide the skinny on each of them.
The decision to divorce – How to decide. Is divorce in your future?
The decision to divorce is not easy. After all, you committed to stating married “for better or worse”. While some people get married for the wrong reason, others were once built on love and mutual respect which has evolved to disdain and conflict. How to make the decision to divorce? The decision to divorce –[…]
The UCCJEA – When a child lives out of state.
The UCCJEA provides a road map to resolve conflicts arising from another state or country asserting jurisdiction over a child custody proceeding.
A court speaks through its orders, not its oral statements.
In the majority of divorce and family law cases, a court will issue its opinion from the bench. This is more common during motion call. The other times a court will issue a written opinion. Careful drafting is important because a court speaks through its orders. When a court issues its opinion from the bench,[…]
I won the lottery in my divorce! Do I have to share it? MI Property Division Law
In today’s paper I read: “Pontiac man who won Mega Millions during divorce case during divorce case must share with ex-wife”. To the average person, the headline may seem shocking, however, to the sophisticated Michigan divorce lawyer who understands Michigan property division law, the decision is not. A. Background Richard and Beth Zelasko were married[…]
Can you force your spouse to move out of the house?
Sometimes “forever or worse” becomes “get out of the house” which begs the question, what can you do if your spouse won’t move out of the house? In the context of a Michigan divorce there are only two ways to compel someone to move out of the house. The first way to compel your spouse[…]
When legal custody won’t work. (What is physical and legal custody?)
Physical custody if Michigan is an archaic term to describe the parent that spends the majority of parenting time with a minor child. Traditionally, the parent who is awarded the most parenting time was awarded sole physical custody. So, what happened to physical custody in Michigan?, in simple terms the phrase physical custody has gone[…]
Default and Default Judgments
When a party named in a divorce fails to respond or otherwise defend the lawsuit the other party can request the entry of a default by filing with the court a request and affidavit. Once a default is entered the other party can request the entry of a default Judgment of Divorce allowing the divorce[…]
Michigan child Custody and Parenting Time Appeals
The Michigan Court Rules governing Appellate Rules can be found in Chapter 7 of the Michigan Court Rules. In simple terms a custody or parenting time appeal means judicial review by the Court of Appeals of a trial court decision. There are two types of appeals, an appeal of right and an appeal by leave.[…]
Should you get a divorce?
One of the hardest conversations I ever have is when someone asks me what I think about the question: “Should I get a divorce?” Although I am an attorney and counselor of law, I am not clergy or a therapist. Divorce may be good for business, however, it is not what we are about. We[…]
Should you modify custody or modify parenting time?
The decision to modify custody or modify parenting time depends on the gravity of the change being requested. If the change is minor, the modification request is generally considered a request to modify parenting time. If the requested modification is significant, the modification is generally considered a request to modify custody. Distinguishing between the two[…]