The UCCJEA – When a child lives out of state.
The UCCJEA provides a road map to resolve conflicts arising from another state or country asserting jurisdiction over a child custody proceeding.
Category: Michigan Divorce and Family Law Articles – By: Attorney Daniel Findling
Michigan divorce law resource center – Michigan Divorce Attorneys – Articles and Videos
A court speaks through its orders, not its oral statements.
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,[…]
I won the lottery in my divorce! Do I have to share it? MI Property Division Law
In today’s paper I read: “Pontiac man who won Mega Millions during divorce case during divorce case must share with ex-wife”. To the average person, the headline may seem shocking, however, to the sophisticated Michigan divorce lawyer who understands Michigan property division law, the decision is not. A. Background Richard and Beth Zelasko were married[…]
Can you force your spouse to move out of the house?
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[…]
When legal custody won’t work. (What is physical and legal custody?)
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[…]
Default and Default Judgments
When a party named in a divorce fails to respond or otherwise defend the lawsuit the other party can request the entry of a default by filing with the court a request and affidavit. Once a default is entered the other party can request the entry of a default Judgment of Divorce allowing the divorce[…]
Michigan child Custody and Parenting Time Appeals
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.[…]
Should you get a divorce?
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[…]
Should you modify custody or modify parenting time?
The decision to modify custody or modify parenting time depends on the gravity of the change being requested. If the change is minor, the modification request is generally considered a request to modify parenting time. If the requested modification is significant, the modification is generally considered a request to modify custody. Distinguishing between the two[…]
Award of alimony 37 years after divorce overturned
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[…]
How to get relief from a Judgment of Divorce.
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[…]
A failed challenge to an expert Child custody and parenting time evaluation
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 is property divided in a Michigan divorce?
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[…]
Is it ok to date before you are divorced?
Learn why it may not be ok to date before you are divorced.
Is lying under oath a big deal in a Michigan divorce?
Why lying under oath is a very big deal in a Michigan divorce.
Can the court order a parent to pay for college?
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.
Wife awarded $58,500.00 in divorce attorney fees
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[…]
How a shoplifter avoided a change of custody.
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[…]
Default and default Judgments in divorce and Family law cases
If you fail to make a timely credit card payment you are in default which literally means a “failure to fulfill an obligation”. In divorce and family court cases a default may occurs if you fail to appear, respond or otherwise defend the divorce, custody or family court case. Michigan Court Rule (“MCR”) 3.210(B) addresses[…]
A sign from within Findling Law
In business we make resolutions as well. There is a sign next to our legal assistants which is signed by everyone. Our core values. A daily reminder of who we are? What we believe? and How we practice law?
Parenting time schedules in a Michigan divorce.
Parenting time options in a Michigan divorce. Sometimes the biggest challenge in a divorce or custody case is deciding when a child will spend time with each parent. Parenting time (formally visitation) is the legal term used to describe simply that time and in this article we discuss some of the most popular parenting time[…]
Anatomy of a Divorce Mediation
Divorce mediation is a common way to settle cases and avoid trial. Learn how it works.
Can you change your mind after settlement?
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[…]
The decision to move out of your house before divorce.
In almost every Michigan divorce the topic of moving out of the house must be addressed. Moving is tough especially when going through a divorce. Every Michigan divorce has an emotional component and the decision to move out of the home is not without emotional considerations. After all, you worked hard on making your home[…]
Why would a person stay in a marriage that leaves them unhappy and unfulfilled?
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[…]