Michigan divorce law resource center – Michigan Divorce Attorneys – Articles and Videos
The 2024 Judges of Oakland County come from a diverse background and family law experience. At Findling Law, we have the great privilege of appearing before all seven of the full-time family court (divorce court) Judges of Oakland Court which are assigned cases involving divorce, custody, support and related family law matters. In this blog,[…]
Privacy is not so private anymore. It was not too long ago that the best mechanism to spy on your spouse was to hire a private investigator to monitor your spouse to provide evidence of salacious conduct or confirm your suspicions. Boy have things changed! Spying on your spouse video (c) 2024 Findling Law. Spousal[…]
A child custody decision is always modifiable. After all, circumstances change and when they do, it may warrant a change. However, it is not easy to change custody in Michigan. In fact, there are legal barriers which must be met to avoid disruptions. The legal authority to modify custody in Michigan can be found in[…]
When property is classified as separate property, it is generally not divided in a divorce. However, there are statutory exceptions set forth in MCL 552.401 and MCL 552.23. Case law further defines separate property.
Happiness and “in love” are not always equal. You can remain in love with your spouse and remain unhappy in your marriage. Communication, trust and forgiveness may be cornerstones to a successful marriage, however, so is happiness. After all, everyone should have a right to be happy. If you are frustrated and thinking about divorce[…]
The connection to a home can be profound. Homes serve as a backdrop for signifigant events and milestone. A home is typically associated with feelings of comfort, saftey and security. Homes can also have sentimental value, especillay if there are children involved. Homes can also have value as an investment. Which begs the question: “Can[…]
A child custody determination is defined by statute. Specifically the Uniform Child-Custody Jurisdiction and Enforcement Act found in MCL 722.1102(c). In many instances a parenting time case or other case is actually a custody case and custody law (vs. for example parenting time law) would apply. (c) “Child-custody determination” means a judgment, decree, or other[…]
The importance of understanding the nature and extent of the marital estate before reaching a settlement cannot be understated. After all, if you do not know what there is to divide, how can you determine if a deal is a good or bad deal? Lawyers obtain this information through a process called discovery. Sometimes, the[…]
Parenting time (visitation) defines the frequency and duration each party spends with their child. Under Michigan law, parenting time is governed by statute. Specifically, Michigan Compiled Laws 722.27a, which is more commonly known as the parenting time statute.
There are two types of custody. Legal custody, which describes how parents shall share decision-making authority MCL 722.27a and Physical custody describes physical care and supervision of a child. MCL 722.1102(n).
A request for a temporary custody order may be made at any time during the pendency of the case by filing a verified motion that sets forth facts sufficient to support the relief requested. (See: MCR 3.207(C))
An introduction to divorce begins with the definition of divorce. “Divorce” is the legal process by which a marriage ends and changes your legal status from married to divorced. In Michigan the court will address the division of property and debts, alimony (sometimes called spousal support), and in cases involving minor children custody and parenting[…]
On October 26, 2023, the Michigan Court of Appeals issued its opinion in the case of Josey vs. Hayes. An appeal filed by Ms. Hayes after the trial court found her in contempt of court for failing to abide by a parenting time order. Althought Ms. Hayes managed to win on appeal (the trial court[…]
MCL 552.19 provides the jurisdictional requirements to divorce in Michigan,
Our experienced lawyers will help you maximize or minimize (as the case may be) what composes your marital estate.
The Michigan divorce process may seem complicated, however, in this video we summarize the process in less than a minute. The Michigan Divorce Process Step 1: The first step in every divorce is to file a Complaint for Divorce. The Complaint for Divorce sets forth the statutory requirements to divorce in Michigan. These requirements include[…]
In what appears to be a rush to judgment to protect a minor child’s mental health, the trial court in the Barretta case, changed custody without following the three steps to modify child custody.
On June 29, 2023, the Michigan Court of Appeals overturned an an award of sole physical custody and instructed the trial court to conduct further proceedings in the case of Bitar v. Baroody. In this case, the trial court granted the mother sole physical custody with the father having parenting time every other weekend. However,[…]
There are three different laws governing who pays attorney fees in divorce. MCR 3.206(D), MCL 552.13 and Common Law.
While agreements on custody are usually “rubber stamped” and approved by the court, the court must make an independent determination that the agreement is in the best interest of the minor child. However, you can agree on parenting time.
In Michigan, the parenting time statute provides that parenting time shall be granted in the best interest of the child. The State Court Administrative Office publishes the guidelines for parenting time which is directed to help Friend of the court’s around the State. Each county also has their own guidelines. We help you understand what you need to know.
Take two long term marriages with the exact same marital estate. The first marriage is 30 years and the parties lived as husband and wife. The second marriage is 30 years and the parties have not seen each other for 29 years. Obviously it would not be equitable (fair) to treat both of these cases the same. In the first example, a 50/50 division would seem appropriate, but not in the second example.
Marriage struggles are real and sometimes things just don’t work out the way you plan. If your unhappy and are considering a divorce in Michigan, here is everything you need to know. Sometimes things don’t get better. However, the proverb “knowledge is power” can help you take control of your situation with a fresh start[…]
For over 10 years we have been writing articles on Michigan child custody and in this blog post we reflect back on over 70 articles and videos on this important topic on Michigan divorce and custody law. Child Custody Videos In Michigan, Child custody refers to the legal and practical arrangement regarding the care, control,[…]
In sum, although court’s have created two types of custody (Physical and Legal), however, there is really only one type of custody that has two parts (The frequency of parenting time (MCL 722.26a(7)(a)) and decision making authority (MCL 722.26a(b)(b).