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.
Category: Alimony
Michigan Divorce Attorneys discuss Alimony in Michigan law.
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,[…]
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[…]
Award of alimony 37 years after divorce overturned
Approximately 37 years ago, the Gallagher’s divorced after 22 years of marriage. The Judgment of Divorce provided that alimony for the wife was “reserved”. 37 years after the divorce, Ms. Gallagher petitioned the trial court for an award of alimony. Remarkably, the trial court granted the request and ordered the former husband to pay $2,500.00[…]
How to get relief from a Judgment of Divorce.
Once a Michigan Judgment of Divorce is entered most people think that things are final and they are right. The limited exception to this rule applies to custody, parenting time and support which can change when there is a change of circumstances. However, there are certain limited circumstances when you can request a court to[…]
Is it ok to date before you are divorced?
Learn why it may not be ok to date before you are divorced.
Is lying under oath a big deal in a Michigan divorce?
Why lying under oath is a very big deal in a Michigan divorce.
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 “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[…]
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[…]
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[…]
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[…]
Tax reform and divorce. It could radically change Michigan Divorce!
Senate and House republicans recently reached an agreement on the final tax bill which was signed by President Trump today. The impact of tax reform and divorce law may be significant. The tax reform law goes into effect on January 2018. However, as everyone knows we file taxes in April for the prior tax year[…]
Michigan Alimony and spousal support – The nitty gritty details
It is easy to get lost in the trees when you should be focusing on the forest. However, we recognize that some people like the nitty gritty details which is why we created the nitty gritty details series. The nitty gritty details series will focus on the technical side of Michigan divorce, custody and support[…]
Contempt of court. Go to jail. Do not pass go. Do not collect $200.00.
When a court enters an order, the power to enforce the order is by a finding of contempt of court and violating a court’s order is not a child’s game. Contempt of court is the willful failure to obey a court’s order and can be punished by a civil penalty (money), criminally (jail) and sometimes[…]
Alimony in Michigan – The needs of the parties.
Alimony and spousal support are payments made to support a former spouse. Most attorneys use guidelines to estimate an alimony payment. However, Michigan alimony law allows for an evaluation of the needs of the parties in determining alimony or spousal support, something that alimony guidelines don’t do. The most popular alimony guidelines take into consideration[…]
When is a deal a deal?
When is a deal a deal? Settlements. I was recently approached by the editors of the Michigan Family Law Journal to write a monthly column on Michigan Divorce and Family Law. The Michigan Family Law Journal is a publication of the State Bar of Michigan Family Law Section and serves as “Family Law Council’s forum to[…]
When Circumstances Change – Michigan Family Law Journal
When Circumstances Change I was recently approached by the editors of the Michigan Family Law Journal to write a monthly coulmn on Michigan Divorce and Family Law. The Michigan Family Law Journal is a publication of the State Bar of Michigan Family Law Section and serves as “Family Law Council’s forum to share ideas; review, evaluate,[…]
Where to find divorce help in Oakland County
This article on where to find divorce help in Oakland County was inspired by the Oakland County Friend of the Court handout with the same title and I felt sharing it worth sharing with our audience. Divorce help in Oakland County at Findling Law While I recognize I may be stating the obvious, you can[…]
6 Things to Know When Considering Divorce
Making the choice to divorce is a big deal. A really big deal. You won’t be making this decision on a whim, nor should you make it without empowering yourself with information. Here are 6 things you need to know when considering divorce. Know when to see a lawyer. A divorce is[…]
Nesting – New Age Parenting After Divorce
When you’re going through a divorce, there is a lot to think about. When children are involved, they can be one of the biggest sources of both comfort and worry during this major life change. Whether you get along with your spouse or not, it can be very tricky to figure out the best living[…]
My dog and divorce. (ok. cats too)
When I got married, my wife had a cat. I love my wife but I don’t like cats. Now we have a dog and ironically, the dog has bonded with my wife. For many, issues relating to a dog and divorce (note – when I say dog, the same rules also apply to cats, horses, ferrets,[…]
What if the divorce is your fault?
There is confusion among clients and even some lawyers of the role fault plays in a divorce. Which beg’s the question: Does it matter if the divorce is your fault? The answer to the question is it may. Michigan No-fault divorce It is important to understand what no-fault divorce actually is. No-fault divorce is the[…]
College Support
Every year thousands of Michigan children will start college for the first time and college support is an agreement to provide support for college expenses. Unlike child support which typically ends when a child turns 18 and graduates high school, college support continues after graduation from high school (and after a child turns 18). There[…]