Division of 401(k) plans in divorce. Passive and active appreciation.
Michigan divorce law distinguishes between active and passive appreciation when dividing retirement accounts in divorce. The seminal case on point is Reeves vs. Reeves.
Category: Property Division
Property division and divorce in Michigan – Michigan Divorce Attorney – Articles and Videos
Michigan Divorce Laws – Everything there is to know.
There are two paths in every divorce, the emotional path and the legal path. We trust that you understand how you feel. We help you understand the law.
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[…]
Can a court force you to stay in business with your ex?
There is an old adage in Michigan Divorce and Family Law cases. “You do not want your ex as a business partner”. However, in a recent Houghton Circuit Court case, that is exactly what the trial court ordered. On Appeal, the Michigan Court of Appeals address the issue if a divorce court can force you[…]
The CARES stimulus in a Michigan divorce – who gets the money?
As you are almost certainly aware, President Trump signed the CARES act on Friday, March 27, 2020. This act provides that individuals with an income lower than $75,000.00 and couples filing joint tax returns with incomes lower than $150,000.00 total are entitled to a “stimulus credit” in the amount of $1,200.00 and $2,400.00 respectively. Additionally,[…]
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.
How to divide property in divorce video.
This How to divide property in divorce video provides a detailed explanation of property division and Michigan divorce law in an easy to understand format. Under Michigan law, property consists of both assets and liabilities. The core focus to divide in divorce is on property (assets and liabilities) acquired during the course of the marriage.[…]
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.[…]
Adultery and divorce
Adultery is the ultimate betrayal and the cause of many divorces it is also a crime. Adultery is defined in the Michigan Penal Code Section 750.29 which defines adultery as: 50.29 Adultery; definition.Sec. 29. Definition—Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person. Interesting enough, other sexual[…]
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
Prenupital Agreements – The nitty gritty details part two.
In part one of this series on prenuptial agreements (an agreement made by a couple before they marry concerning their assets and support should they divorce), we discussed the seminal case law on prenuptial agreements in Michigan.
Prenuptial Agreements – The nitty gritty details part one.
Under most circumstances, a prenuptial agreement is enforceable under Michigan law. An exception exists if a spouse is left with nothing, in such an instant a court may invade the separate property of the other spouse.
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[…]
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[…]
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[…]
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[…]
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 “new” Judges of Oakland County Divorce Court
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[…]
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[…]
How property is divided and the role of fault.
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[…]
Dear John letter? Abandonment in a Michigan divorce case.
“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[…]
Divorce Arbitration – A hybrid of mediation and trial
In family law, most cases settle prior to trial. In the event a settlement cannot be reached, a trial may be the only sensible option. Both scenarios have been discussed in prior posts. However, the procedure known as divorce arbitration is unique. As outlined below, divorce arbitration encompasses components found in both mediation and a[…]
Free Divorce Pension Calculator
Free Divorce Pension Calculator. The Divorce Pension Calculator is a Google spreadsheet that you can use to calculate the marital portion of a pension benefit in a divorce. The Divorce Pension Calculator estimates the marital portion of a pension benefit utilizing the coverture fraction. While there are a few different ways to divorce as divorce[…]
Someone to Lean On during a Divorce
Need someone to lean on during divorce? It may come as no surprise that a divorce may bring difficult times. The parties involved, the family, and even close friends may feel the impact of the process. You likely need someone to lean on. Emotions can range from relief, to despair, to anger, to hurt, to frustration,[…]