Divorce Education – Michigan Divorce Attorneys – Clients – Articles and Videos
On September 18, 2018, the traditional rule that a civil action to enforce a child support order is subject to a 10-year statutory limitations period. MCL 600.5809(4); People v Monaco, 474 Mich 48, 54-55; 710 NW2d 46 (2006) has been turned on its head by the Michigan Court of Appeals in a recently published opinion[…]
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[…]
Most people know that child support is determined by guidelines. In this article, we examine the legal authority for the Michigan child support guidelines. When I was a first year law student, a law school professor instilled a legal concept that every law has to have legitimacy and every lawyer should know the legitimacy of[…]
The purpose of alimony in Michigan is to balance the unfair economic effects of a divorce. Simply put alimony (which is the same as spousal support) is paid by one party to financially support a spouse after divorce if the property award is insufficient to support either party. This video webinar examines alimony in Michigan[…]
The rules of evidence are sometimes lost in the emotional turmoil of a Michigan divorce or custody case. However, the rules apply. The hearsay rule of evidence is one of the most important rules and is found in the Michigan Rules of Evidence (“MRE”) sections 801-806. Hearsay is a statement (an oral or written assertion or[…]
You learn some big words in law school. Take for example the law school phrase, res ipsa loquitur, which is a legal principle that an occurrence of an accident implies negligence or escheat, which involves the forfeiture of property. While the phrase best interest of a child seems simple enough, applying the concept of what is[…]
It may come as no surprise that emotions may run high in divorce and family law cases. While some matters are more amicable than others, others are extremely contentious, emotional, and simply draining. As an individual in the throes of such a case, it is often easy to overlook the fact that you and your[…]
One of the questions that invariably arises during family law cases is the subject of court. How often will I have to go to Divorce court? What happens when I go? And, do I even have to attend? While there is no secret formula or guaranteed answer, this article will attempt to address those common[…]
When a soon to be ex has a newborn child a Michigan divorce or Michigan child custody case can become more complicated, especially when the mother is breastfeeding. Breastfeeding and the Tender Years doctrine The Tender Years Doctrine is a legal principle from old English Common Law. The doctrine presumed that a child’s “tender years”[…]
For many, divorce is very personal and individualized. Every party has his or her own story. And, each person should have the right to share that story. One of the challenges presented in family law, is to share an individual’s story while framing it in legal context. What do I mean? Read on. The individual’s[…]
In the recent case of Medford v. Verkade, the trial court entered an opinion and order awarding full legal and primary physical custody of the parties’ minor child to the father (Mr. Medford). The trial court also awarded limited parenting time to the mother. Specifically, every other weekend, three nonconsecutive weeks per year, and certain holidays.[…]
Generally speaking, family law is notorious for high-conflict with emotions running high. Some cases involve thousands of dollars being spent purely out of spite or “principle.” When children are involved, parents sometimes put them in the middle of the dispute and exercise them as leverage. In short, some cases are incredibly difficult – both emotionally[…]
Note: This article on gun violence was co-authored by Kristina Bilowus of Findling Law, PLC. Kristina’s article was accepted for publication in the April 2018 State Bar of Michigan Family Bar Journal, an academic journal for divorce and family law practitioners in the State of Michigan. Firearm Relinquishment Law And Implementation Could Actually Save Lives[…]
A prior post discussed statutory waiting periods in Michigan for divorce matters. In this posting, the practical considerations with divorce timing are explored. Divorce timing – “I just want this to be over” Sound familiar? If this sounds like your mantra, you are not alone. Maybe the divorce has been several years in the making[…]
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[…]
Last week, trials in divorce matters were considered. As so many cases conclude with settlement, rather than litigation, this week’s discussion turns to mechanisms for getting a joint resolution. Settlement Negotiations In a sense, human beings learn to negotiate their entire lives. Within a divorce context, parties often discuss terms of their case with one[…]
In the media, the law is often portrayed playing out dramatically in a courtroom. In reality, very few cases proceed to trial, with family matters being no exception to the general rule. While excessive litigation may be the misnomer, the following information briefly outlines some family law considerations when considering a divorce trial. What a[…]
In some cases, a divorce represents the formality of a marriage that ended long ago. For others, the initiation of a divorce is a surprising and painful journey. In either scenario, Michigan law requires a minimum waiting period for divorce actions. The waiting periods, as outlined below, turn on whether or not minor children are[…]
The divorce process can run the gamut from conflict-filled and full of negative emotion to straightforward and amicable. Yours will be somewhere in between the two. The goal of the divorce is to dissolve the marriage, and that includes divvying up all the assets. Sometimes you need a forensic accountant to move the process along.[…]
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[…]
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,[…]
Every day or so, I receive a phone call from a potential client or lawyer concerning how to divide a pension plan in a Michigan divorce?Traditionally a pension benefit is a work related benefit where the benefit amount is defined by a pension plan. Unlike a defined contribution plan, which reflects a contributed benefit (think a[…]
Sometimes things don’t get better. You are afraid to talk to your spouse. When you do, you feel like you are being judged, disregarded or ashamed. You start keeping secrets and contemplate having an affair. Maybe you feel that your spouse is worthless, however you still are in love. You are conflicted, torn and confused.[…]
According to the National Center for Missing & Exploited Children there were 456,676 entries for missing children in 2016 about ½ of all of the entries involve parental kidnapping. The NCMEC reports 203,000 children are victims of parental kidnapping. The law is clear, parental kidnapping is a serious crime. In this article, we will examine parental[…]
On December 7, 2017, the Michigan Court of Appeals issued an opinion regarding a father’s claim for attorney fees in a Michigan family law case. In the case of Girdis v. Girdis, the mother took an appeal of the trial court’s ruling granting the father attorney fee. The award of attorney fees was in response[…]