Michigan Child Custody – Articles & Videos – Michigan divorce attorney
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.
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[…]
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 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.[…]
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[…]
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.
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.
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[…]
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 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 provides a road map to resolve conflicts arising from another state or country asserting jurisdiction over a child custody proceeding.
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,[…]
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[…]
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[…]
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.[…]
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[…]
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[…]
On February 12, 2019, the Michigan Court of Appeals decided the custody and parenting time case of Amy Oglive v. Eric Oglive. In this case, the trial court ordered the parties to participate in a psychological evaluation to address concerns of custody and parenting time. Eric was incarcerated when the parties divorced in 2012 and[…]
Learn why it may not be ok to date before you are divorced.
On January 3, 2018, the Michigan Court of Appeals upheld the Ingham Circuit Court award of $58,500 in divorce attorney fees in the case of Baker v. Baker. The Baker’s married in 1998 and filed for divorce on May 31, 2014. The parties had two minor children. Both Mr. & Mrs. Baker sought contribution for[…]
On December 20, 2018, the Michigan Court of Appeals examined a motion for change of custody filed by the father in the case Argel vs. Argel. At the divorce trial, the trial court determined that the child’s custodial environment was with mother and that the child’s best interests were served by awarding sole physical custody[…]
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[…]
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[…]
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[…]
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[…]