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.[…]
Spousal support as we knew it Under the general principles in Michigan law and IRS regulations (IRC 71 and IRC 215), regarding an award of spousal support, the award is tax deductible to the person paying spousal support. Conversely, spousal support is taxable to the person receiving spousal support. The well-known axiom above had long been[…]
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[…]
Senate and House republicans recently reached an agreement on the final tax bill which was signed by President Trump today. The impact of tax reform and divorce law may be significant. The tax reform law goes into effect on January 2018. However, as everyone knows we file taxes in April for the prior tax year[…]
On December 12, 2017, in the case of Ludwig v. Ludwing, the Michigan Court of Appeals issued an opinion for publication which is a pretty big deal. Unlike an unpublished opinion which is advisory, published opinions must be followed by every trial court in Michigan. The opinion determined that Court ordered therapy between a parent[…]
The formal Michigan divorce process – Divorce Steps: In Michigan, a divorce follows a formal process. It is important to note that a case can settle at any time during the divorce process. The statutory waiting period for a divorce with and our Michigan divorce attorneys understand the steps and can help you navigate the[…]
It is easy to get lost in the trees when you should be focusing on the forest. However, we recognize that some people like the nitty gritty details which is why we created the nitty gritty details series. The nitty gritty details series will focus on the technical side of Michigan divorce, custody and support[…]
When a court enters an order, the power to enforce the order is by a finding of contempt of court and violating a court’s order is not a child’s game. Contempt of court is the willful failure to obey a court’s order and can be punished by a civil penalty (money), criminally (jail) and sometimes[…]
The Ghost of a Lawyer Future – A letter to the Newly Minted Attorney Kristina Bilowus, is an associate attorney at Findling Law and adjunct professor at Western Michigan University Cooley Law School. Kristina had the honor of being published in the November 2017 Michigan Bar Journal, a publication by the State Bar of Michigan.[…]
In the case of Szcygiel v. Szcygiel, the husband challenged the trial court’s finding that a home acquired by the parties during the marriage by an inheritance was his wife’s separate property. The parties married in 1980 and had two children. The marital home was on one acre in Kingston, Michigan. The wife’s parents lived[…]
On October 17, 2017, the Michigan Court of Appeals issued an opinion in the case of Jaroh v. Jaroh. After the parties signed a settlement agreement at mediation. However, before the court entered the Judgment of Divorce, the wife filed a motion to set aside the settlement agreement, claiming the terms were not fair, duress[…]
It is easy to get lost in the trees when you should be focusing on the forest. However, we recognize that some people like the nitty gritty details which is why we created the nitty gritty details series. The nitty gritty details series will focus on the technical side of divorce, custody and support laws.[…]
Macomb 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 Macomb County Circuit Court. The Macomb County Circuit Court – Family Division is simply known as the Macomb County Divorce Court. The Macomb[…]
Sometimes the Court of Appeals refuses to make a decision and directs the trial court to do so before making a decision. Such was the outcome in the case of Karungi v. Ejalu, which is case involving custody of an embryo. Gloria Karungi and Ronald Ejalu are the parents of a daughter who was naturally[…]
On September 21, 2017, the Michigan Court of Appeals reviewed the case of Christopher Gucwa v. Maranda Lee. Miranda asked the Court of Appeals to review the dismissal of her Motion to change custody. A Motion is a term of art used in the legal profession to ask the court to do something and Miranda[…]
There are three types of legal separation in Michigan. The first type of legal separation in Michigan is called a Separate Maintenance Agreement. A Separate Maintenance Agreement is similar to a divorce. One party files a Complaint for Separate Maintenance with the court. Unlike a divorce were the court ends the marriage with a Judgment[…]
Regardless of whether you think that your life was better or worse before your divorce, you’re still left with a lingering set of emotions as you maneuver your way through the process. These emotions – this baggage – can be holding you back from finding happiness again. Consider how losing the emotional baggage can help[…]