Divorce in Michigan – Articles and Videos – Michigan divorce attorneys
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[…]
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[…]
How property is divided in a Michigan divorce can be complicated and technically complex yet at the same time relatively simple in many ways. Simply put, marital property is divided fairly in light of all of the circumstances. The seminal case on point is Byington v. Byington, 224 Mich App. 103 (1997). “To reach an[…]
Learn why it may not be ok to date before you are divorced.
Why lying under oath is a very big deal in a Michigan divorce.
Child support and educational expenses. The obligation to pay for college and education expenses is provided in MCL 552.452(1) of the Family Support Act.
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[…]
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[…]
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[…]
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? 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[…]
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[…]
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[…]
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[…]
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[…]
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[…]
“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[…]
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[…]
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[…]
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[…]
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[…]
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[…]
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[…]
One of the questions that invariably arises during family law cases is the subject of court. How often will I have to go to Divorce court? What happens when I go? And, do I even have to attend? While there is no secret formula or guaranteed answer, this article will attempt to address those common[…]