Divorce and inherited property – how to keep it.
Michigan compiled law 552.19 provides that inherited property is separate property because it is not acquired “by reason of the marriage”, however there are exceptions.
Category: Divorce
Divorce in Michigan – Articles and Videos – Michigan divorce attorneys
What is a custodial parent in Michigan?
In Michigan, a custodial parent is the the parent with whom a child spends the majority of overnights with during the course of a year. This definition is similar to that used by the Internal Revenue Service when determining dependent status for tax purposes.
Determining Income for support
Determining income for child support or alimony purposes in Michigan often requires looking beyond the tax returns. So what is considered income for support in Michigan? Income for support and the 2021 Michigan Child Support Formula Manual Chapter 2 of the 2021 Michigan Child Support Formula Manual is a good resource in how to determine[…]
The role of the custodial parent in Michigan Divorce.
The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[…]
Proper cause or change of circumstances
There is a barrier to modification of custody, child support, spousal support (alimony) and parenting time. The barrier is proper cause or change of circumstances. In a prior article, we examined the seminal case on the subject, Vodvarka v. Grassmeyer which defines both proper cause and change of circumstances in the context of a child[…]
Can you move with kids now that you can work from anywhere?
In Michigan, several key legal provisions govern with respect to where you can live and move with your kids including Michigan Compiled Laws section 723.31(1). and Michigan Compiled Laws section 723.31(4)
Lorie Savin – Oakland County’s New Family Court Judge
I have tried many cases before referee Lorie Savin and find her compassionate, knowledgeable and fair. Three wonderful qualities for a Michigan Divorce and Family Court Judge.
The Michigan Divorce Education Series.
In 2012, we envisioned a divorce video education series which evolved into the The Michigan Divorce Education Series by Findling Law. The idea was to provide quality information (more than just the basics with case law and statutory support) on Michigan Divorce, Custody, Alimony and support.
Your Divorce Deposition – Think, don’t guess, don’t lie
A divorce deposition is a form of discovery. Discovery is the formal process by which you “discover” information relevant to the case. There are three forms of discovery in a Michigan divorce. First, Interrogatories (think to interrogate) which are written questions which must be answered under oath and subject to the felony of perjury. Second, a[…]
Division of 401(k) plans in divorce. Passive and active appreciation.
Michigan divorce law distinguishes between active and passive appreciation when dividing retirement accounts in divorce. The seminal case on point is Reeves vs. Reeves.
Michigan Divorce Laws – Everything there is to know.
There are two paths in every divorce, the emotional path and the legal path. We trust that you understand how you feel. We help you understand the law.
Remote learning and divorce. What if you can’t agree?
The seminal case on choice of school issues is Pierron v. Pierron and we have you covered with the nitty gritty details on how the process works.
The 2020 Judges of Oakland County Divorce Court
Oakland County Circuit Court – Family Division: At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan. One of these courts is the Oakland County Circuit Court. The Oakland County Circuit Court – Family Division is simply known as the Oakland County Divorce Court. The Oakland[…]
When can a court suspend parenting time?
Prior to suspending parenting time of a party, the trial court must hold an evidentiary hearing and find by clear and convincing evidence that continuation of parenting time would endanger the child’s physical, mental, or emotional health. Rozek v Rozek, 203 Mich App 193, 194-195; 511 NW2d 693 (1993).
Is it important to be the first to file for divorce? It may be.
If your relationship is on the rocks you may wonder if it is important to be the first to file for divorce? Is it important to be the first to file for divorce? Every divorce has an emotional and legal component. The legal component involves the division of assets, liabilities, support and concerns regarding the[…]
Summer parenting time with Covid. How to parent?
With Memorial Day in our rear-view mirror, we look forward to summer. Sunny days. Lemonade stands. Pool toys. Boats. Games of capture the flag. Ice cream trucks. Sleep-away camp. These are just some of the many things we associate with the summer months in the great State of Michigan. Unfortunately, we are entering summer during[…]
Spousal Support in Michigan. How can you get it or will you have to pay?
Michigan Compiled Laws Section 552.23 provides that a Michigan court can order spousal support if the estate and effects awarded to either party are insufficient for his/her support.
COVID-19, The Financial Markets, Black Swan and Divorce
What is a “Black Swan” event and why do financial and news outlets from Forbes to Yahoo and CNN to the Wall Street Journal keep using this mystifying term? Black swan events generally are unpredictable events far beyond what is typically expected and have potentially severe and catastrophic consequences. While some leading epidemiologists and public[…]
Can a court force you to stay in business with your ex?
There is an old adage in Michigan Divorce and Family Law cases. “You do not want your ex as a business partner”. However, in a recent Houghton Circuit Court case, that is exactly what the trial court ordered. On Appeal, the Michigan Court of Appeals address the issue if a divorce court can force you[…]
The CARES stimulus in a Michigan divorce – who gets the money?
As you are almost certainly aware, President Trump signed the CARES act on Friday, March 27, 2020. This act provides that individuals with an income lower than $75,000.00 and couples filing joint tax returns with incomes lower than $150,000.00 total are entitled to a “stimulus credit” in the amount of $1,200.00 and $2,400.00 respectively. Additionally,[…]
COVID-19: THE CONCERNING SURGE OF DOMESTIC VIOLENCE
COVID-19 is responsible for a concerning increase in domestic violence as well as a depletion of resources available to those in need.
Ex parte divorce status quo orders and restraining orders video
There are two common ex parte orders entered in a Michigan divorce case. The first is called a financial status quo order and the second is a restraining order regarding property transfer.
Child Custody Jurisdiction
On March 12, 2020, the Michigan Court of Appeals issued its opinion in the case of Negron vs. Watts. In this Michigan custody action, the mother argued on appeal that the court lacked child custody jurisdiction to decide the case. Therefore, the final custody and parenting time order granting father sole legal and physical custody[…]
Are Zoom hearings in Michigan legal?
M.C.L.A. 600.1420 provides: “The sittings of every court within this state shall be public. . .” Zoom hearings are private.
Laid off or fired because of COVID-19? The time to modify support is now.
If your income has been reduced because of the economic effect of the COVID-19 outbreak, Governor Whitmers’ Executive Order 2020-21 (COVID-19), and an alimony or child support order is in effect, the time to modify support is now. There is no retro-active modification of alimony or child support. Time is of the essence to modify support.[…]