Divorce Education – Michigan Divorce Attorneys – Clients – Articles and Videos
Taxes and divorce April is tax season and questions about taxes and divorce are numerous in our Michigan divorce and family law practice. Here are some key tax considerations in preparing your 2014 tax return. Divorce or separation brings many changes. Some of the changes have tax and divorce issues. Change of name: If you restored[…]
The top five dirty divorce tricks Divorce can be coupled with anger, jealousy and other deep emotional triggers. These triggers can result in revengeful gamesmanship or greed. Some spouses will use every trick in the book to win at all costs. 1. Conflicting out top attorneys: It is important to hire a top attorney[…]
Can a court take a passport to enforce child support? The answer may surprise you. Every U.S. citizen has a fundamental right to travel. The fundamental right to travel was first addressed by the Supreme Court in 1920 in the landmark case of United States v. Wheeler 254, U.S. 281 (1920) when the Court held[…]
What is the number one cause of divorce? As a divorce attorney in practice for almost 20 years, I have a unique perspective in answering the question as I have asked virtually every client I have represented why they are getting divorced. In fact, under Michigan divorce law, the answer to the question can have important[…]
Custody in Michigan – Best interest of the child factor (d) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (d). Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and[…]
The Friend of the Court Referee A Friend of the court referee is appointed by the chief Judge to assist in Michigan divorce, custody and domestic relations cases. A Michigan Friend of the Court Referee power is defined in Michigan Compiled Laws Section 552.507. Michigan law (MCL 552.507) provides that a Friend of the Court[…]
Fault and Alimony in Michigan This article discusses the role of fault and alimony in Michigan divorce cases. Fault is one of 11 factors a court should consider when deciding if an award of alimony in Michigan is appropriate. When the legislature changed divorce law in Michigan in 1971 from a fault based system to[…]
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[…]
Custody in Michigan – Best interest of the child factor (c) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (c) is . Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child[…]
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[…]
Custody in Michigan – Best interest of the child factor (b) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (b). Best interest of the child factor (b) examines the capacity and disposition of the parties involved to[…]
Legal Separation in Michigan by: Daniel Findling Legal separation in Michigan is different than other states. While some states require a period of legal separation before a couple can get divorced, Michigan does not. Legal separation in Michigan is technically called a Separate Maintenance Agreement. While it only takes one person to get divorced in[…]
Michigan parenting time and the child’s birthday Parenting time in Michigan time governs the times and frequency parents spend with their children. In a perfect world, parents get along and a parenting time order could read something like: “The parents are awarded liberal and frequent parenting time”. Since we do not live in a perfect[…]
Law and Equity – Doing what is fair in Michigan divorce and Michigan custody cases. In Michigan divorce and Michigan custody cases, the judge sits in both law and equity. Divorce and custody law is the written rules of law found in statutes, court rules and court cases. Equity is best described as doing what[…]
Holiday Parenting Time in Michigan The holidays can be overwhelming for families that are divorced or in the process of getting a divorce. While the holidays are traditionally spent as one family, after divorce, the holidays are typically celebrated in two different households sharing similar (or different) traditions. While many Michigan divorce and Michigan custody[…]
Child Custody in Michigan – Do not make it the kids fault. A divorce or custody in Michigan case impacts more than the parents. It impacts the children. In times of change, it is important to protect children from a pending divorce or custody in Michigan case. Parents should remember that a divorce or custody[…]
The case of the engagement ring and Michigan divorce. Here are the facts: A man and woman were engaged in August of 1996, at which time the man gave his fiancé a custom designed engagement ring that he purchased for $19,500.00. However, when the man asked the woman to sign a pre-nuptial agreement, the women[…]
Can a child decide where they want to live? Michigan child custody law is governed by Michigan Compiled Laws section 722.23 often called the best interest factors. Factor (i) of the best interest factors provides that a court should consider the reasonable preference of the child, if the court considers the child to be of[…]
Divorce attorney fees – getting your spouse to pay. By: Daniel Findling Divorce attorney fees – getting your spouse to pay. Quality representation is not always cheap. A common question is can you get your spouse to pay for your divorce attorney fees? The answer is yes. Michigan divorce law provides authority to request the[…]
Physical custody in Michigan: By: Daniel Findling Physical custody in Michigan explained. Unlike legal custody, which awards a parent with access to the educational, medical, religious and other pertinent records of the child. Physical custody in Michigan is not easily defined. The problem with defining Physical custody in Michigan arises from the current child custody[…]
No fault divorce in Michigan By: Daniel Findling No fault divorce in Michigan became effective on January 1, 1972. The no fault divorce in Michigan statute is located in Michigan compiled laws section 552.6 and provides that a divorce may be filed upon the allegation that there is a “breakdown of the marriage relationship to[…]
Interrogatories – Asking questions in a Michigan divorce By: Daniel Findling In preparing a divorce case in Michigan, your Michigan divorce attorney should conduct discovery on your behalf. Discovery is the process by which lawyers obtain answers to questions under oath and subject to the penalty of perjury. The three major types of discovery are[…]
The Selfless Divorce. By: Daniel Findling Divorce is sometimes described as a selfish act, especially when children are involved. How many times have you heard or been a participant in a conversation like this: “Did you hear ______ is getting a divorce . . . I feel so bad for the children . . .[…]
The following guide is provided as an outline of child custody laws in MI. Our Michigan divorce attorneys have provided the following guide to help you understand what every parent should know about child custody laws in MI. When a child is involved in a divorce the energy often rises. Parents have to deal with[…]
Joint Legal custody in Michigan: By: Daniel Findling Physical custody and joint legal custody in Michigan explained. Unlike physical custody, sometimes called the custodial parent which defines where a child lives on a day to day basis, legal custody defines the right to make legal decisions for the child regarding education, health care, religion, and[…]