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[…]
Fidelity is an obligation in almost every marriage vow. However, many marriages end because someone cheated. Which begs the question, can you contract a cheating penalty? It appears the answer is no.
On August 26, 2021, the Michigan Court of Appeals issued its opinion in the case of Shipley v. Shipley In this case, the father appeals the trial court’s order to modify custody and decided that there was proper cause to modify custody. The first step in modifying an existing child custody award is for the[…]
Adultery (when your spouse cheats is the ultimate betrayal in a marriage. In many circumstances a couple can find a way to move past the betrayal. However, in many situations, the damage is done and fixing the problem is not an option. When God gave Moses the 10 Commandments it is no surprise that one[…]
In this article, we cover the top 10 divorce myths. When it comes to Michigan divorce law, everyone has a story about a ‘friend’ who went through a divorce and (fill in the blank) happened. Further complicating matters are the countless television shows and tabloid articles regarding divorce. While gossip, television shows and tabloid articles[…]
Michigan Compiled Laws section 722.26a, requires parents to be advised of joint custody and the court must consider an award of joint custody at the request of either party.
When property is divided in a Judgment of Divorce is typically final and non-modifiable. However, a party can petition the court for relief from a Judgment of Divorce under MCR 2.612 in certain instances.
You may think that there is no difference in the divorce laws by County and you are right, sort of. Divorce law is uniform throughout the state, a divorce in Oakland County is different for a number of reasons.
Adultery under Michigan adultery law is never enforced. However, the adultery statute provides: “Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.” Michigan Compiled Laws 750.29 The punishment for the crime of adultery is severe. Adultery is a felony, which means adultery is punishable by more than[…]
The Michigan Child Support Formula Manual an the Michigan Child Support Formula Supplement were updated. The new guidelines are effective January 1, 2021. The 2021 Michigan Child Support Formula Manual provides the formula utilized by Michigan Court’s to determine a child support obligation. With very limited exceptions Michigan Court’s may not deviate from the formula.[…]
When love and respect run out and a divorce is pending, it is important to understand what is separate property because under most circumstances separate property is not divided in a divorce case. Typically, separate property is identified as: “[p]roperty that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a[…]
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[…]
Michigan compiled law 552.19 provides that inherited property is separate property because it is not acquired “by reason of the marriage”, however there are exceptions.
In Michigan, a custodial parent is the the parent with whom a child spends the majority of overnights with during the course of a year. This definition is similar to that used by the Internal Revenue Service when determining dependent status for tax purposes.
Determining income for child support or alimony purposes in Michigan often requires looking beyond the tax returns. So what is considered income for support in Michigan? Income for support and the 2021 Michigan Child Support Formula Manual Chapter 2 of the 2021 Michigan Child Support Formula Manual is a good resource in how to determine[…]
The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[…]
There is a barrier to modification of custody, child support, spousal support (alimony) and parenting time. The barrier is proper cause or change of circumstances. In a prior article, we examined the seminal case on the subject, Vodvarka v. Grassmeyer which defines both proper cause and change of circumstances in the context of a child[…]
In Michigan a change of circumstances is required to modify custody, child support, spousal support or parenting time. One of the most common questions asked to practitioners in family law cases involves modification of custody, child support, spousal support or parenting time in circumstances when the client perceives the result as unfair. In addressing the[…]
In Michigan, several key legal provisions govern with respect to where you can live and move with your kids including Michigan Compiled Laws section 723.31(1). and Michigan Compiled Laws section 723.31(4)
I have tried many cases before referee Lorie Savin and find her compassionate, knowledgeable and fair. Three wonderful qualities for a Michigan Divorce and Family Court Judge.
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.
A divorce deposition is a form of discovery. Discovery is the formal process by which you “discover” information relevant to the case. There are three forms of discovery in a Michigan divorce. First, Interrogatories (think to interrogate) which are written questions which must be answered under oath and subject to the felony of perjury. Second, a[…]
Michigan divorce law distinguishes between active and passive appreciation when dividing retirement accounts in divorce. The seminal case on point is Reeves vs. Reeves.
Can a court impute overtime income in calculating child support? This issue was addressed by the Michigan Court of Appeals on September 10, 2020, in its opinion in the case of Olivero v. Olivero. In the Olivero case, the father objected to a Friend of the Court recommendation which imputed overtime income to father in[…]
The short answer is no, however, under Michigan law in every Michigan custody case a child has a right to be heard and the court must consider the child’s preference in awarding custody and parenting time. In every Michigan parenting time or child custody case the trial court is required to consider the statutory best[…]