A sign from within Findling Law
In business we make resolutions as well. There is a sign next to our legal assistants which is signed by everyone. Our core values. A daily reminder of who we are? What we believe? and How we practice law?
Author: Daniel Findling
Parenting time schedules in a Michigan divorce.
Parenting time options in a Michigan divorce. Sometimes the biggest challenge in a divorce or custody case is deciding when a child will spend time with each parent. Parenting time (formally visitation) is the legal term used to describe simply that time and in this article we discuss some of the most popular parenting time[…]
Anatomy of a Divorce Mediation
Divorce mediation is a common way to settle cases and avoid trial. Learn how it works.
Can you change your mind after settlement?
You successfully settled your divorce case when you wake up the next morning with regret, buyer’s remorse, or simply that sinking feeling experienced about what you just did. Can you change your mind after settlement? The first step in the analysis is determining if your settlement is in fact a contract. Was there an offer[…]
The decision to move out of your house before divorce.
In almost every Michigan divorce the topic of moving out of the house must be addressed. Moving is tough especially when going through a divorce. Every Michigan divorce has an emotional component and the decision to move out of the home is not without emotional considerations. After all, you worked hard on making your home[…]
Why would a person stay in a marriage that leaves them unhappy and unfulfilled?
If your unhappy and unfulfilled in your marriage? Should you stay in a marriage and be miserable or divorce? According to a recent article in the Journal of Personality and Social Psychology[1], the answer to the question: Why a person would stay in a marriage that leaves them unhappy and unfulfilled? is two fold: The[…]
The “new” Judges of Oakland County Divorce Court
With the midterm elections now over, we welcome two newly elected Oakland County judges. Traditionally, newly elected Oakland County judges serve on the Family Court. Family Court includes cases involving divorce, child custody, parenting time, child support and spousal support (alimony). The two newly elected Oakland County judges are Julie McDonald and Jake Cunningham. Julie[…]
How is spousal support calculated?
How is spousal support calculated? Spousal support is when one spouse pays money (also called alimony) to another spouse for a term of months or years after divorce. The general rule is that a spouse may need spousal support if he/she is substantially dependent on the income of the other spouse for the regular necessities of[…]
How to register a child custody action under the UCCJEA and Michigan law.
The Uniform Child-Custody Jurisdiction and Enforcement Act (herein: “UCCJEA”) is found in Michigan Compiled Laws section 722.1101. The UCCJEA was designed, among other things to resolve conflicts relating to jurisdiction in a child custody action by prioritizing the home state of a child. The UCCJEA also clarifies continuing jurisdiction for the state that entered the[…]
The use of a Discovery deposition at trial
Discovery is the formal process by which you “discover” information relevant to the case. In a Michigan divorce, custody or family law case, discovery is conducted in three ways. First, Interrogatories (think Interrogate) which are written questions which must be answered under oath and subject to the felony of perjury. Second, a Subpoena, which is[…]
Fundamentally Speaking – Custody Modification in Michigan – Vodvarka – the seminal case.
The seminal case in a Michigan custody modification case is Vodvarka vs. Grasmeyer which defines the threshold requirements to change custody. The threshold requirements are proper cause or change of circumstances. Under Michigan law, without establishing either proper cause or a change of circumstance, you cannot modify an award of child custody. In Vodvarka, the mother[…]
Statute of Limitations on child support is no more – the work around!
On September 18, 2018, the traditional rule that a civil action to enforce a child support order is subject to a 10-year statutory limitations period. MCL 600.5809(4); People v Monaco, 474 Mich 48, 54-55; 710 NW2d 46 (2006) has been turned on its head by the Michigan Court of Appeals in a recently published opinion[…]
Michigan Child Custody determination of sole legal custody reversed by Court of Appeals
On September 11, 2018, the Michigan Court of Appeals in the case of Holmes v. Holmes reversed the trial court’s Michigan child custody determination awarding the father sole legal custody, requiring the trial court to examine the case again. What makes this case unique is the notion that a child custody award can only be[…]
How property is divided and the role of fault.
Fundamentally speaking – How property is divided and the role of fault. I have published many articles for the State Bar of Michigan Family Law Journal with the headline: “Fundamentally Speaking”. The articles were geared towards the divorce and family law bar and discussed the seminal cases on Michigan divorce and family law. This video[…]
The legal authority for the Michigan child support guidelines.
Most people know that child support is determined by guidelines. In this article, we examine the legal authority for the Michigan child support guidelines. When I was a first year law student, a law school professor instilled a legal concept that every law has to have legitimacy and every lawyer should know the legitimacy of[…]
What is alimony in Michigan? (BTW it is the same as spousal support).
The purpose of alimony in Michigan is to balance the unfair economic effects of a divorce. Simply put alimony (which is the same as spousal support) is paid by one party to financially support a spouse after divorce if the property award is insufficient to support either party. This video webinar examines alimony in Michigan[…]
Did you really file for divorce? How to check now!
The decision to file for divorce can be painful. Sometimes more painful when you realize your spouse beat you to the punch. In this article, we will help you discover if your spouse (or friend) has already filed for divorce. Some lawyers will tell you that it is important to file for divorce first. The[…]
Dear John letter? Abandonment in a Michigan divorce case.
“By the time you read this line, I’ll be gone. . .” originates from a popular 1980’s sit-com by the name Dear John starring Judd Hirsch, premised the abandonment of his wife, who simply got up and left his relationship. Abandonment may be relevant in a Michigan divorce but is not an independent cause of action[…]
He say, She say? I say hearsay.
The rules of evidence are sometimes lost in the emotional turmoil of a Michigan divorce or custody case. However, the rules apply. The hearsay rule of evidence is one of the most important rules and is found in the Michigan Rules of Evidence (“MRE”) sections 801-806. Hearsay is a statement (an oral or written assertion or[…]
How much is too much child support? $129,000 per month!
The recent headlines are rampant with outrageous child support awards. Take for example Blake Griffin, the star forward on the Detroit Pistons who was reportedly ordered by a Los Angeles Court to pay child support in the sum of $258,000.00 per month for the support to two minor children he had with his ex-fiancé, former[…]
Creating an Effective Divorce Attorney-Client Relationship: Part II
In the first part of this three-section discussion of an effective divorce attorney-client relationship, meaningful communication was discussed. In this second installment, the concept of professionalism, as it relates to both attorney and client, is explored. Professional responsibility is a concept attorneys study as students. As an overall concept, professionalism is something we consider when[…]
What is really in your child’s best interest?
You learn some big words in law school. Take for example the law school phrase, res ipsa loquitur, which is a legal principle that an occurrence of an accident implies negligence or escheat, which involves the forfeiture of property. While the phrase best interest of a child seems simple enough, applying the concept of what is[…]
Custody Modification- Failing to establish proper cause or a change of circumstances
The threshold requirement for custody modification was recently addressed by the Court of appeals in the case of Reyes v. Herron. The threshold requirement is proper cause or a change of circumstances. In Reyes v. Herron, Mr. Herron took an appeal from the trial court’s order denying his motion to change custody, parenting time and[…]
How to have your spouse pay your attorney fees?
Can you have your spouse pay your attorney fees for a divorce or other family law case? The answer is yes! When someone starts to think about divorce, one of the first questions they have is how much is it going to cost? The cost of a divorce varies with the complexity of the case[…]
Creating an Effective Attorney-Client Relationship: Part I
It may come as no surprise that emotions may run high in divorce and family law cases. While some matters are more amicable than others, others are extremely contentious, emotional, and simply draining. As an individual in the throes of such a case, it is often easy to overlook the fact that you and your[…]