Michigan divorce law resource center – Michigan Divorce Attorneys – Articles and Videos
Michigan child custody and parenting time – The moral fitness of the parties. By: Daniel Findling In every parenting time and custody case in Michigan, the court is required to evaluate the best interest of the children. Michigan adopted the Child Custody Act and requires a court to consider the best interest of a child.[…]
Michigan legal custody – What to do when you cannot agree? By: Daniel Findling Most divorce cases end with both parents being awarded joint legal custody. “Joint legal custody” means both parents are entitled to equal access and input to the educational, medical, religious needs of the child. With joint legal custody parents must jointly[…]
Michigan income withholding order – How much can the court take? By: Daniel Findling When a Michigan divorce court or Michigan custody judge enters an Order for a party to pay alimony (spousal support) or child support, the payor is required to pay the money or suffer the consequences of enforcement. The most common enforcement mechanism[…]
Support security – Securing the future payment of support: By Daniel Findling – Divorce always involves change and an important change in almost every Michigan divorce or legal separation in Michigan is financial. For many, child support payments and alimony payments (spousal support) are an important financial component in moving forward after a divorce or[…]
The case of fault in Michigan divorce. By Daniel Findling: In prior articles we explored the notion of fault in Michigan. Fault in Michigan is relevant. Michigan is both a fault and a no fault State. The grounds for a divorce in Michigan are no-fault, however fault can play a role in addressing issues of[…]
Michigan divorce settlement agreement: – When can you change your mind? Careful consideration should be taken before entering into a settlement agreement. As once a settlement agreement is reached you usually cannot disavow it merely because you have a change of heart. Courts must uphold divorce property settlements reached through negotiation and agreement of the[…]
Is the right to parent a fundamental right? The answer is yes! The 14th Amendment’s due process clause of the U.S. Constitution protects “life, liberty or property”. Fundamental rights are rights so important that the U.S. Constitution provides for heightened protection against government interference. Without this heightened protection against government interference, States could could infringe on “life,[…]
I have this tracking device . . . and Michigan divorce law: As a Michigan divorce lawyer, I recognize that it is not uncommon for a spouse to use a GPS tracking device to validate their suspicions of an affair. Consumers can now have access to devices previously only accessible by governmental agencies, the police[…]
We are just living together – Common law marriages and Michigan divorce law: More people are choosing not to marry, and well, just live together. For some, marriage is the end of freedom – after all, marriage is supposed to be forever. Others choose to live together in monogamous relationships and consider marriage merely a[…]
I have this recording of my spouse . . . and Michigan divorce law: As a Michigan divorce lawyer, I recognize that it is not uncommon for someone to engage in recording a conversation to obtain evidence in contemplation of or in the middle of a divorce. Maybe your spouse is a habitual liar, or[…]
Moving out – The decision can have an effect on your divorce. We added a new page to website addressing the considerations in almost every Michigan divorce, when to move out (or should you move out)? The answer to the question involves safety, children, timing and other considerations. To view the new page on moving out[…]
Tax exemptions, tax deductions and Michigan divorce: The most comprehensive publication on tax considerations applicable to Michigan divorced or separated individuals is published by the Department of the Treasury – Internal Revenue Service Publication 504 for use in preparing tax returns. A link to the publication can be found at: http://www.irs.gov/pub/irs-pdf/p504.pdf This IRS publication addresses[…]
Conscious uncoupling: “spirit”, “soul” and divorce: According to People magazine, Gwyneth Paltrow’s mentor, Dr. Habib Sadeghi introduced her to the notion of conscious uncoupling which apparently introduces the term “spirit” or “soul” into a divorce and her recent announcement of conscious uncoupling with her husband of 10 years, Chris Martin, has made headlines, both praising[…]
Non-modifiable alimony Under Michigan divorce law the parties have a statutory right to modify alimony or spousal support. This statutory right can be found in MCL 552.28. This statute specifically allows on the petition of a party that a court may revise an alimony award. Notwithstanding the statutory right to modify alimony, your Michigan divorce[…]
Who pays for college? – Post majority child support: The birth of a child brings joy and responsibility. For many families the responsibility includes college or even graduate school, for other families, once a child reaches the age of 18, the responsibility to provide financial support for a child ends. Under Michigan law, both natural[…]
Taxes and divorce or separation: The tax rules that apply to divorce and separated individuals can be complex. In fact, the Internal Revenue Service has a 29 page publication on the subject. The publication for use in preparing your 2013 income tax returns can be found here: http://www.irs.gov/pub/irs-pdf/p504.pdf. Most Michigan divorce lawyers get nervous when[…]
Section 750.30 of the Michigan Compiled laws and provides:
“Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable for the same punishment.”
However, the crime is never enforced.
Custody modification. In Michigan, a child custody determination can be modified. The statutory authority for a court to modify a custody determination is found in Michigan Compiled Laws section 722.27(c). In order to modify a Michigan child custody determination, the party seeking to change child custody must first provide a good basis for the modification.[…]
Michigan Child Support Statute of Limitations: Yes, there a Statute of limitations for Michigan child support. The current statute of limitations on unpaid Michigan child support is 10 years from the date that the last payment is due. This Statute of limitations is set forth in Michigan Compiled Laws section 600.5809(4) and was effective[…]
Alimony guidelines in Michigan The purpose of alimony under Michigan divorce law is to provide financial support to a former spouse after divorce. Traditionally, alimony was paid by a husband to a wife however it is now not uncommon for a wife to pay her husband alimony. While some divorce attorneys and divorce client’s argue[…]
Domestic Violence and Michigan Divorce: Michigan divorce cases are not immune to domestic violence. Domestic violence is about power and control. Abusers threaten violence or use violence to control another. They know that fear provides lasting and intimidating power which damages the self-esteem of the victim. When a victim hears they are worthless and incompetent[…]
Michigan child custody law – can a child choose who to live with? One question, I get asked every week is at what age can a child choose who to live with? Not surprisingly, the question is asked after a parent determines that the child now wants to live with them. The answer to the[…]
As a general proposition, gifted and inherited property are not divided on divorce. The first step a Michigan divorce attorney takes in analyzing property division in a divorce case is to classify the property as marital or separate property. As a general proposition, property acquired by reason of the marriage or during the course of[…]
Double dipping – paying twice – is it legal? Double dipping is a legal term to describe paying twice for the same thing. When dividing property in a Michigan divorce your divorce attorney tries to maximize or minimize what is marital property depending on the circumstance. The court tries to divide marital property equitably or[…]
Motion practice – Michigan divorce law and family law: For most people a “Motion” is a term from high school physics to describe the process of being moved. In government, a motion is a formal proposal to do something. Under Michigan law a motion is a formal proposal to the court. Our attorneys use motions[…]