Who pays attorney fees in divorce?
There are three different laws governing who pays attorney fees in divorce. MCR 3.206(D), MCL 552.13 and Common Law.
Category: Michigan Divorce Education Series
Divorce Education – Michigan Divorce Attorneys – Clients – Articles and Videos
Michigan Parenting Time Guidelines
In Michigan, the parenting time statute provides that parenting time shall be granted in the best interest of the child. The State Court Administrative Office publishes the guidelines for parenting time which is directed to help Friend of the court’s around the State. Each county also has their own guidelines. We help you understand what you need to know.
Is Michigan a 50/50 state in divorce?
Take two long term marriages with the exact same marital estate. The first marriage is 30 years and the parties lived as husband and wife. The second marriage is 30 years and the parties have not seen each other for 29 years. Obviously it would not be equitable (fair) to treat both of these cases the same. In the first example, a 50/50 division would seem appropriate, but not in the second example.
Divorce in Michigan – Everything you need to know
Marriage struggles are real and sometimes things just don’t work out the way you plan. If your unhappy and are considering a divorce in Michigan, here is everything you need to know. Sometimes things don’t get better. However, the proverb “knowledge is power” can help you take control of your situation with a fresh start[…]
Michigan Child Custody Video Library.
For over 10 years we have been writing articles on Michigan child custody and in this blog post we reflect back on over 70 articles and videos on this important topic on Michigan divorce and custody law. Child Custody Videos In Michigan, Child custody refers to the legal and practical arrangement regarding the care, control,[…]
The Different Types of Custody.
In sum, although court’s have created two types of custody (Physical and Legal), however, there is really only one type of custody that has two parts (The frequency of parenting time (MCL 722.26a(7)(a)) and decision making authority (MCL 722.26a(b)(b).
Discovery. The process of finding assets in divorce.
It is imperative to understand the nature and extent of the marital estate before reaching a property settlement in divorce. In a Michigan divorce case, the formal process of finding assets is called discovery. After all, you cannot negotiate a good deal until you have an understanding about what there is to divide and the[…]
The effects of divorce on children
The science behind the effects of divorce on children in sound. Although each family is unique, divorce has been shown to have a negative impact on a child. However, research supports the notion that the impact of staying in an unhealthy marriage can be worse, as a child learns that it is ok to be[…]
The Early Intervention Conference in Oakland County
The Oakland County Friend of the Court (FOC) consists of a group of attorneys, counselors and support staff which assist the court in cases involving minor children or support by providing a formal (or informal) dispute resolution service including custody and support valuations. Another important function of the FOC is to conduct an Early Intervention[…]
Separate property can be invaded in divorce.
Michigan statutory law authorizes a court to divide property in a divorce that was acquired “by reason of the marriage” MCL 552.19. Generally speaking, property acquired by reason of the marriage is considered marital property whereas property acquired before or after marriage is considered separate property. Simply put, a court will divide marital property (See: Byington v Byington ) and not divide separate property (See: Reeves vs. Reeves , providing that: “each party takes away from the marriage that party’s own separate estate with no invasion by the other party”). However, there are certain circumstances when separate property can be invaded.
Child Custody – a case of proper cause.
On January 26, 2023, the Michigan Court of Appeals issued its opinion in the highly contentious case of Hawes v. Cromie, the unmarried parents of a 13 year old son. For more than ten years, the child’s parents have litigated over every aspect resulting in the court noting that: Throughout the last decade, the parents’[…]
Imputation of income for child support
When a parent is voluntarily unemployed or underemployed, or has an unexercised ability to earn, the Michigan Child Support Formula Manual allows a court to include the potential income that parent could earn as income for support purposes (MCSFM 2.01(G)).
How a court prevents you from changing custody
Suppose you are involved in a contested child custody battle and lose. Why can’t you simply refile the case and try again? The answer is provided in the seminal case of Vodvarka v. Grassmeyer. In Vodvarka, the Michigan Court of Appeals created a barrier to changing custody in order to avoid repeated custody evaluations.
What is a De Novo hearing
After the Friend of the Court makes a recommendation, either party may request a de novo hearing or a hearing “from the beginning” with the trial court judge. This right is codified in Michigan Compiled Laws section 552.507(4).
Planning for divorce.
A divorce plan is an important first step to taking back control of your situation and is different for a dependent spouse than the primary wage earner. A divorce plan is an important first step to set goals and help take control of your situation. If you make more money than your spouse, you will[…]
The decision to divorce
Divorce is the legal dissolution of a marriage. It is a complex and often emotional process that can have far-reaching effects on individuals and their families. The decision to divorce is never easy and it is often the result of long-standing issues within a marriage. Some common reasons for seeking a divorce include infidelity, financial[…]
Divorce mediation – How it works, when to settle.
The majority of Michigan divorce cases settle and divorce mediation is one of the most common forms of alternative dispute resolution where a neutral third party tries to facilitate a fair settlement outside of the courtroom, avoiding the formalities of trial and saving costs. Court ordered divorce mediation Divorce mediation is usually court ordered and[…]
A Restraining Order in a Michigan divorce case.
A Restraining Order is an order used to protect the parties property and finances in a divorce case. There are two types of restraining orders typically filed in every Michigan divorce. First, is a Restraining Order against property transfer and preservation of the marital estate. Second, is a Financial Status Quo Order.
Child custody steps
The first step is a threshold question which asks, what has changed since the entry of the last court order under Vodvarka; The second step requires determining the existence of an established custodial environment and the burden of proof. The third step is to apply the best interest factors using the appropriate burden of proof.
I object to the Friend of the Court Recommendation.
Under MCL 552.507(4), if a party timely objects to a referee’s recommendation, the trial court “shall hold a de novo hearing.” The Michigan Court of Appeals further decided that a trial court cannot simply review the record created at the referee hearing, however the trial court can impose reasonable restrictions on duplicative evidence (e.g. only allowing new evidence).
The difference between parenting time and visitation.
Visitation and parenting time mean exactly the same thing under Michigan law. The term visitation is old and more appropriate for visiting someone in prison than enjoying time with a child. Some time ago, in an effort to avoid marginalizing or insulting a parent, courts began replacing visitation with the term parenting time, a kinder[…]
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.
Changing custody
A trial court can enter and order changing custody, however, before a court may consider modification, the party requesting the change must demonstrate proper cause or a change of circumstances since the entry of the last custody order.
Motion to modify parenting time
Although the threshold requirements to modify custody or a motion to modify parenting time go by the same names, proper cause or a change of circumstance to change custody or modify parenting time have different meanings.
Change of custody – In three steps!
There is a general perception that court’s are reluctant to change custody because it can create a lack of stability in a child’s life and the perception is true.