Michigan divorce law update. Avoiding a 10% early retirement penalty.

Divorce in Michigan – Avoiding a 10% early retirement penalty:  In almost every divorce case, at least one party is a beneficiary of a retirement account and in many instances, a retirement account is a marital asset that can be divided without a 10% early withdrawal penalty. In simple terms, if a portion of a[…]

Michigan divorce planning video – What to do before you file

Michigan Divorce Education Series Michigan divorce planning:  Before you have the “talk”, it might be in your best interest to sit down and talk with a qualified divorce specialist.  Proper divorce planning can play an important role in not only how much your divorce case will cost but how stressful the process will be. Before[…]

Michigan Divorce and Innocent Spouse Relief

Michigan Divorce and Innocent Spouse Relief:  Imagine you discover before, during or shortly after your divorce that you have a large outstanding tax liability.  You may have known nothing about it.  Unfortunately, the IRS will likely hold you equally responsible for all tax due even if the income or improper deduction was the fault of[…]

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Michigan Divorce – Are you cheating? The emotional affair

The emotional affair: Are you cheating? A recently married legal assistant in my firm has a broad definition of cheating.  She believes if you do something with someone other than your spouse, and don’t tell your spouse about it, it is cheating. Under her definition, lunch with an old “friend” that you fail to tell[…]

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Michigan Legal Separation video (separate maintenance, post nuptial and divorce)

Michigan Divorce Education Series Michigan legal separation:  “Honey, we have to talk.”   These words can be a cause for concern, or even lead to divorce.  Many people struggle with the decision to divorce.  Michigan law provides alternatives to divorce, including legal separation.  The webinar provides a comprehensive look at Michigan legal separation agreements. In[…]

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Moving with children video (Changing domicile and Michigan divorce)

Michigan Divorce Education Series Moving with children:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering changing domicile (moving with your minor children).  Key learning’s and strategies are discussed.  I am hopeful you find it both empowering and educational.  (run time – approx.  6 minutes) Michigan divorce law does not prohibit[…]

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Michigan Divorce Formal Process video – divorce steps

Michigan divorce steps:  This video is a complete – everything you need to know – explanation of Michigan law and strategy covering the steps of a divorce.  The basic and not so basic divorce steps are discussed and explained.  I am hopeful you find it both empowering and educational.  A summary of the topics covered[…]

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Michigan Property division video

Michigan Divorce Education Series – Property division Divorce in Michigan  – Property Division:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering property division.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is provided below.  (run time[…]

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Michigan Alimony and Spousal Support video

Michigan Divorce Education Series Divorce in Michigan – Alimony and Spousal support:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering alimony / spousal support.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is provided below.  (run[…]

UCCJEA

Changing domicile or residence in Michigan

Changing domicile:  Domicile explained!  Michigan divorce law does not prohibit a parent from travelling with your children.  You can even travel outside of the United States, provided the Country you are visiting has a treaty with the United States (most do under the Hague convention). While a vacation away from home with your kids is[…]

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Michigan Divorce Education Series – Understanding Michigan divorce law.

Understanding Michigan divorce law:  When people worry, it is nice when others provide comfort.  At Findling Law we provide legal advice through education.  It is our hope that these blogs, are brochures, forums and accessability will bring comfort to the person you may be worried about. We have created a series of webinars addressing common[…]

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Michigan Child Custody, Child Support and Parenting Time (Visitation) video

Michigan Divorce Education Series Michigan child custody, child support and parenting time:  This video Webinar is a comprehensive explanation of Michigan law and strategy covering child custody, child support, and parenting time.  Key learnings and strategies are discussed.  I am hopeful you find it both empowering and educational.  A summary of the topics covered is[…]

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Michigan divorce update: Pension and retirement, Who is your beneficiary?

Changing pension or life insurance beneficiaries after divorce. A lesson to lawyers – The Judgment of Divorce may not be enough! In almost every Judgment of Divorce, the parties either award or waive an interest in the former spouses’ pension plan(s) or life insurance plan(s). However, if the benefit is governed by ERISA, a waiver[…]

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Michigan divorce law update: The dangers of commingling property (assets).

Commingling assets and divorce in Michigan:  When dividing property in a divorce, a primary consideration is whether the property is ‘marital’ or ‘separate’.  As a general rule, property acquired by reason of the marriage or “during the course of the marriage” is marital and is likely subject to division in the event of divorce. Conversely,[…]

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Michigan divorce law update: The Divorce Veteran benefits myth.

Divorce in Michigan and veterans benefits:  There is a myth regarding Michigan Divorce Veteran benefits and disability Veteran benefits.  The veteran benefits myth is that Congress clearly intended to protect veterans’ benefits from being awarded to anyone other than the veteran, including children and former spouses. The foundation of the veteran benefit myth likely stems[…]

Michigan divorce law update: Alimony and tax considerations.

Alimony, taxes and divorce in Michigan:  Addressing potential tax issues in your negotiations can avoid problems in the future. For example, many lawyers believe that alimony payments are always tax-deductible to the person paying and taxable as income to the recipient.  This is not the case.  In order to qualify for the taxable or tax-deductible[…]

Michigan Divorce law – Demi Moore and Ashton Kutcher divorce Do you need a prenup?

Prenup and divorce in Michigan:  NEWS FLASH:  “A year after the couple announced their split, Ashton Kutcher and Demi Moore’s divorce case is moving into the Los Angeles court system.” Ok, so maybe your net worth isn’t in excess of $290 million and the age gap between you and your spouse is not very large.[…]

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Michigan Divorce – foreign marriage – Married in another State or Country; Can Michigan hear my case?

Foreign marriage and divorce in Michigan:  The United States is a nation of immigrants, and Michigan is no different. People live in Michigan for work, school, family and a variety of other reasons.  However, when a marriage is struggling, I am often asked where can I get divorced?  Can I get a Michigan Divorce? If[…]

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Profile of a Michigan Divorce Lawyer dBusiness Top Lawyer 2013

Michigan Divorce Lawyer, Daniel J. DeBene:  Daniel J. DeBene is an associate of Findling law was listed as a dBusiness Top Lawyer for 2013.   dBusiness is Detroit’s leading business journal. Mr. DeBene can help you accomplish your goals. ATTORNEY PROFILE – Daniel J. DeBene Bio: Working directly with Mr. Findling since 2008, Mr. DeBene[…]

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Michigan divorce law update: Dividing pension benefits

Dividing pension benefits and divorce in Michigan:  A defined benefit plan is a pension where a retiree is entitled to collect a defined amount of money every month and is subject to division in a divorce. It is quite common for a spouse to be entitled to 50% of the benefit earned during the marriage.[…]

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Michigan divorce law update: Fault matters

Fault matters and Divorce in Michigan:  On June 26, 2012, in Gill vs. Gill, Jr., docket no. 301839, the Michigan Court of Appeals upheld an award of approximately 75% of the marital estate to our client. The trial court found the husband significantly at fault for the marital dissolution. Daniel Findling argued at trial that[…]

Michigan divorce law update Child support collection

Child Support Collection and Divorce in Michigan:  What do a schizophrenic mom, a rural orthopedic surgeon, and a deadbeat living in Key West Florida have in common? The impossibility defense, a new nearly insurmountable barrier to successfully defending felony nonsupport charges. In Michigan, failing to pay child support is a criminal felony. This felony non-support[…]

Michigan divorce commentary: Birth support

Birth Support and Divorce in Michigan:  On July 6, 2012, Shari Motro, a law professor at the University of Richmond wrote an editorial in the New York Times advocating Preglimony. Preglimony is sort of alimony for pregnant woman and would include the loss of income arising from pregnancy, or the cost of an abortion. Professor[…]

Who gets the ring? NEWS FLASHES: Jilted bride sues ex-fiance for $100K – Kim Kardashian to divorce after 72 days.

The engagement ring and Michigan divorce:   Some etiquette books say if a marriage has lasted less than a year, then an engagement ring should be returned.  However, under Michigan law, as long as the parties go through with the wedding, the ring is a gift and need not be returned in the event of[…]

Taxes and Innocent Spouse Relief – Lindsay Lohan, Pamela Anderson, Nicolas Cage, Wesley Snipes and You.

Taxes and Innocent Spouse Relief:   We are fascinated with the failures and problems of celebrities and every year, the IRS chases people who evade or underpay federal income tax, and actors and popular figures in the media make the news. The facts are tax problems are not only common among celebrities. What if your spouse[…]

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