The statutory right to modify spousal support is outlined in MCL 552.28, “. . . the court may revise and alter the judgment, respecting the amount or payment of the alimony” but the statute does not provide how to change spousal support? “The object in awarding spousal support is to balance the incomes and needs of the **302 parties so[…]
On September 23, 2024, the Michigan Court of Appeals issued its opinion in the case of Qualls vs. Jenkins. In this case, the husband appealed the trial court determination that he was at fault during the course of the marriage when dividing marital property. The most important case that describes how property is divided in[…]
On September 12, 2024, the Michigan Court of Appeals issued its opinion in the case of Curtis vs. Curtis. At trial, Mr. Curtis filed a Motion to Modify Parenting Time and his Motion to allow the children to play travel baseball and his request was denied. He requested appellate review. The parties divorced in September[…]
You made the decision your marriage is over and you want out. Michigan law does not require you to stay in the house during a divorce. You may want to avoid conflict or simply begin the process of moving on. However, you should consider the following before deciding to move out. First, there are financial[…]
Suppose a client comes into your office expressing buyer’s doubt, buyer’s remorse, regret, or simply that sinking feeling experienced a few hours or days after settlement. The client has changed his/her mind. Typically, the client is seeking a second opinion, having lost confidence in his/her lawyer. Most lawyers want to make their clients happy. However,[…]
Divorce can be a highly stressfull exerience for parents and children alike. One of the most stressful issues is often the frequency and duration each parent spends with a child (parenting time). When parents agree on parenting time terms, this stress is often minimized. Parenting time in Michigan is governed by statute. Specifically, Michigan Compiled[…]
Parenting time defines the frequency and duration a parents spends with a child in the context of a divorce or child custody case. Regular parenting time provisions exclude holidays and school breaks and generall consists of a bi-weekly schedule. In certain circumstances, such as when a parent has an irregular work schedule or lives far[…]
What is really in a child’s best interest may surprise you.
If your spouse has a grandiose sense of self importance, exaggerates achievements and talents, is preoccupied with fantasies of success, power beauty and idealization, then, according to the diagnostic and statistical manual of mental disorders, you may be married to a narcissist. There are two paths to every divorce, the legal path and the emotional[…]
Every child custody or parenting time case requires an examination of what is in the Best interest of the child which are 12 factors defined in Michigan Compiled Law section 722.23. In this article, we will explore sample questions that can be asked relating to each Best Interest of the child factor. Sample Best interest[…]
raditionally, Child custody came in two forms. Legal custody and physical custody. Legal custody is defined by statute (MCL 722.26a(7)(b)) and refers to the “decision making authority as to important decisions affecting the welfare of the child”. However, physical custody is not defined by statute.
On May 30th, 2024, the Michigan Court of Appeals agreed with Findling Law, PLC in finding the trial court made a “clear legal error on a major issue” in reversing the trial court’s ruling denying father parenting time with the minor child. In Corsetti v. Cohen, the parties entered into a consent order granting mother[…]
In Michigan, you file for divorce in the county in which you or your spouse reside. However, there are certain requirements which must be met before you can file for divorce which are set forth in Michigan Compiled Laws section 552.9. State residency requirment: Prior to filing a complaint for divorce you or your spouse[…]
A child custody decision is always modifiable. After all, circumstances change and when they do, it may warrant a change. However, it is not easy to change custody in Michigan. In fact, there are legal barriers which must be met to avoid disruptions. The legal authority to modify custody in Michigan can be found in[…]
Happiness and “in love” are not always equal. You can remain in love with your spouse and remain unhappy in your marriage. Communication, trust and forgiveness may be cornerstones to a successful marriage, however, so is happiness. After all, everyone should have a right to be happy. If you are frustrated and thinking about divorce[…]
The connection to a home can be profound. Homes serve as a backdrop for signifigant events and milestone. A home is typically associated with feelings of comfort, saftey and security. Homes can also have sentimental value, especillay if there are children involved. Homes can also have value as an investment. Which begs the question: “Can[…]
Parenting time (visitation) defines the frequency and duration each party spends with their child. Under Michigan law, parenting time is governed by statute. Specifically, Michigan Compiled Laws 722.27a, which is more commonly known as the parenting time statute.
A request for a temporary custody order may be made at any time during the pendency of the case by filing a verified motion that sets forth facts sufficient to support the relief requested. (See: MCR 3.207(C))
On October 26, 2023, the Michigan Court of Appeals issued its opinion in the case of Josey vs. Hayes. An appeal filed by Ms. Hayes after the trial court found her in contempt of court for failing to abide by a parenting time order. Althought Ms. Hayes managed to win on appeal (the trial court[…]
The Michigan divorce process may seem complicated, however, in this video we summarize the process in less than a minute. The Michigan Divorce Process Step 1: The first step in every divorce is to file a Complaint for Divorce. The Complaint for Divorce sets forth the statutory requirements to divorce in Michigan. These requirements include[…]
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[…]
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 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[…]
Michigan child custody laws provide a two-step process for determining child custody. The first step determines the existence of an establish custodial environment which determines the burden of proof required. The second step examines the best interest of the child factors which must be examined by the court applying the applicable burden of proof.
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).