Warning – Before you settle your divorce. A deal is a deal.
Court’s will not rewrite an unambiguous agreement negotiated and signed (or placed on the record) by consenting adults absent, fraud or duress.
Category: Prenuptial Agreements
Pre-nuptial agreements in Michigan – Michigan Divorce Attorneys – Articles and Videos
Divorce and separation. What if you still love each other?
Do you love your spouse but at the same time realize you cannot be with each other? Many marriages are filled with disfunction in communication, sex, fidelity or how you spend money and no matter how much work you put into the marriage, your not sure you can make things workout. Divorce and separation are[…]
Divorce, property and a real estate commission
When negotiating a Michigan divorce, is it appropriate to deduct an unrealized real estate commission? In this case, the Michigan Court of Appeals decided that it is not appropriate to do so. When a marital home is at issue in a Michigan divorce, a court has three choices. The court can either award the home[…]
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.
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[…]
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.
Michigan Divorce and Family Law Education
With over 100,000 views, the Michigan Divorce Education Series provides information that matters to you most.
Michigan Common Law Marriage
Michigan common law marriage was abolished in 1957. Common law marriage is the recognition of a marriage without being officially married. Under Old English Common Law (and in many states) when a couple lives together and holds themselves out to friends and family as being married had the same effect as officially tying the knot.[…]
Prenups – The nitty gritty details part three.
. . . we recognize that antenuptial agreements are no longer considered “void ab initio as contrary to public policy” in Michigan so long as certain fairness standards are met
The Oakland County Divorce Court Judge. The new and the seasoned.
There are seven family division judges in Oakland County that make up the Divorce Court Judges of Oakland County and we provide the skinny on each of them.
The use of a Discovery deposition at trial
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[…]
Legal separation in Michigan
There are three types of legal separation in Michigan. The first type of legal separation in Michigan is called a Separate Maintenance Agreement. A Separate Maintenance Agreement is similar to a divorce. One party files a Complaint for Separate Maintenance with the court. Unlike a divorce were the court ends the marriage with a Judgment[…]
We made a “BIG” mistake in the Judgment of Divorce.
What happens when you make a mistake in a Judgment of Divorce? The answer is it depends. If both parties agree, a mistake is easily corrected. However, if the mistake favors one party, it is not always easy. In the case of Amante v. Amante, Mich App. Case No. 331542, the parties entered into a[…]
When is a deal a deal?
When is a deal a deal? Settlements. I was recently approached by the editors of the Michigan Family Law Journal to write a monthly column on Michigan Divorce and Family Law. The Michigan Family Law Journal is a publication of the State Bar of Michigan Family Law Section and serves as “Family Law Council’s forum to[…]
The artist, the engineer and the emotional divorce
The artist, the engineer and the emotional divorce. When I was in law school, a comment by my Constitutional law professor, Robert Sedler, remains imprinted in my mind. Professor Sedler commented something along the lines of: “the problems with stereotypes is that they are usually true.” When I first heard this, I disregarded it as[…]
Where to find divorce help in Oakland County
This article on where to find divorce help in Oakland County was inspired by the Oakland County Friend of the Court handout with the same title and I felt sharing it worth sharing with our audience. Divorce help in Oakland County at Findling Law While I recognize I may be stating the obvious, you can[…]
Dropping the Bombshell: How to Tell Your Spouse You Want a Divorce
So, you’ve done your soul searching, a lot of solid research in our extensive information library, and spoken with your Findling Law divorce attorney about your situation. You have concluded that divorce is right for you. Now, it’s time to think of how to tell your spouse you want a divorce. Know what you want[…]
6 Things to Know When Considering Divorce
Making the choice to divorce is a big deal. A really big deal. You won’t be making this decision on a whim, nor should you make it without empowering yourself with information. Here are 6 things you need to know when considering divorce. Know when to see a lawyer. A divorce is[…]
Changes at the Oakland County divorce court
The Oakland County divorce court is changing. Mandatory retirement, judicial appointments and elections in November will result in even more changes at Oakland County divorce court. The Oakland County divorce court is made up of Judges from both circuit court and probate court. These judges specialize in hearing family law cases such as divorce, custody,[…]
Can you sue a Judge in Michigan?
Can you sue a Judge in Michigan? Let’s face it, sometimes Judges get things wrong. When they do, one option is to take an appeal, but can you sue a Judge in Michigan? The Michigan Court of Appeals is an intermediate higher court and can overturn a lower court’s decision when it makes an error[…]
The value of a business in divorce – part 2
In the first part of this two part series on determining the value of a business in divorce we examined four definitions of value in a divorce. The four definitions are Fair Market Value, Fair Value and Investment Value and Holders Interest Value. It does not matter if the business was started during the course[…]
Marriage is the chief cause of divorce
“Marriage is the chief cause of divorce.” The satirical title of this post, “Marriage is the chief cause of divorce” is credited to Julius Henry who is most commonly known as Groucho Marx the rapid fire comedian. However, divorce is never funny. While marriage can be wonderful, it can also be problematic. For many, marriage[…]
Michigan Divorce Evidence – The Rules of Evidence
Michigan divorce evidence – The Michigan Rules of Evidence The introduction of Michigan divorce evidence is governed by the Michigan rules of evidence. The Michigan rules of evidence apply in every Michigan divorce case that goes to court from a simple motion to a complex trial. Imagine wanting to introduce very important evidence only to[…]
Changes in Macomb County divorce court
Changes at Macomb County divorce court Change is the law of life. Judge Kathryn Vivano of the Macomb County divorce court is leaving the Macomb County Divorce court and she will be serving the Macomb County business court. The Michigan Supreme Court in which her brother serves as a Supreme Court Justice, issued Administrative Order[…]