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Recent Blog Posts
When Does Custody Get Complex in Michigan?
After a divorce, the question of child custody is not always clear-cut. Every family comes with unique circumstances, and sometimes the idealized 50/50 split of joint custody is not a viable solution. If you are dealing with complex custody issues, a Northville, MI family law attorney can help you advocate for your child’s best interests.
At Elkouri Heath, PLC, our family law attorneys have over two decades of experience helping parents through fraught divorces, providing compassionate legal services tailored to a family’s individual circumstances. We are prepared to represent you in complex custody disputes to work towards a favorable solution with minimal disruption to your child’s life.
Parental Relocation
When a new employment opportunity arises, a parent may decide to seize the opportunity even if it means moving far away from home. Under Michigan law, moving over 100 miles away with a child in a joint custody arrangement is legally considered a "change of domicile" that requires approval from the other parent or the court.
The Quickest Ways to Resolve a Divorce in Michigan
When it becomes apparent that a marriage is not working out, most people still dread the prospect of getting a divorce. Nobody wants to deal with protracted litigation, multiple court hearings, and months upon months of arguments mired in legal fees. Thankfully, there are other options to file for a timely dissolution of marriage, without much of the tedium and expense that comes with a litigated divorce.
If you and your spouse want a clean break, a Novi, MI divorce attorney can facilitate the process of ending your marriage. At Elkouri Heath, PLC, we offer compassionate representation and sound legal advice on issues of family law, addressing your concerns to the fullest extent of the law.
Getting an Uncontested Divorce
Depending on your individual circumstances, you and your spouse may be able to reach an agreement about the terms of a divorce without any third-party intervention, allowing for a smooth uncontested divorce. Even if you are not parting on amicable terms, you may be able to temporarily set aside your differences in the interest of moving the legal process forward.
Three Important Considerations in a Gray Divorce
Over the course of a long marriage, you may find that you and your spouse have fallen out of love. In cases of gray divorce, you might feel pressure from your family or community to stay together, but when you reach a point of irreconcilable differences, separation may be for the best. Of course, this process can also come with many unknowns, especially if you and your spouse have been together for decades.
A skilled Novi, MI divorce lawyer can help you navigate the unique challenges of a gray divorce to help you smoothly transition into single life. At Elkouri Heath, PLC, our attorneys are here to support you with compassionate, individualized representation.
Spousal Support
In Michigan, court-ordered spousal support – or alimony – is not as common now compared to the past. However, a judge may be more likely to consider alimony for couples over 50. This often has to do with a spouse’s age limiting his or her future employability, as well as the various health conditions that arise more frequently with age. Moreover, in a gray divorce with adult children, one spouse may have taken on the role of homemaker for many years instead of working, and a judge may lean towards an order of alimony to help preserve that spouse’s standard of living after a divorce. In some cases, spousal support may be awarded indefinitely.
Collaborative Divorce vs. Litigated Divorce
In Michigan, the vast majority of divorces are resolved without litigation. The courts prefer to see spouses work out their disagreements in a divorce, and in many cases, a judge will order a couple to go to mediation. That being said, there are still cases where collaborative divorce is not a viable solution.
If you are going through a divorce, it may be in your best interests to contact a Novi, MI family law attorney early on in the process who can inform you of your rights regardless of whether your divorce will be settled in or out of court. At Elkouri Heath, PLC, our lawyers give every case our undivided attention, providing individualized representation and counsel based on more than 23 years of practice.
Collaborative Divorce
The key issues in a divorce can be overwhelming to think about all at once. You and your spouse may have shared concerns about asset division, spousal support, and possibly child custody. If you are looking for a structured method of dispute resolution with your spouse, you may be interested in collaborative divorce, often a preferable alternative to taking a divorce to trial. Collaborative divorce involves working with a team of legal professionals who can help you resolve your divorce in a neutral environment.
What Does No-Fault Divorce Mean in Michigan?
If you are considering getting a divorce in Michigan, you may have pressing concerns about how fault will play a role in the court proceedings if one party caused the breakdown of the marriage. Every state has its own interpretation of fault during a divorce, and Michigan allows for couples to separate without needing to cast blame to one side.
However, this does not mean Michigan courts will ignore marital misconduct in all cases. The skilled Michigan divorce lawyers at Elkouri Heath, PLC are ready to protect your best interests throughout your divorce and, if necessary, make a case that your spouse’s misconduct should impact the outcome of the divorce settlement.
What Is No-Fault Divorce?
Michigan has been a no-fault divorce state since 1971. This means that neither spouse has to prove that misconduct occurred to initiate a divorce and that a divorce does not require mutual agreement to be initiated. This allows for less fraught, more amicable separations if a married couple decides a divorce is in their best interests. In all cases, a couple in a no-fault divorce can cite irreconcilable differences as a reason for separating.
How is Parenting Time Decided in Michigan?
When you are in the midst of an ongoing divorce, questions about parenting time and custody are likely among your most pressing concerns. This can be a highly stressful time for all parties involved. The courts spend time determining a child’s best interest before making decisions about physical custody, or parenting time.
A family law attorney in Oakland County, MI, can provide compassionate, individualized counsel to help you reach a place of stability with your child. Attorneys Susan L. Elkouri and Symantha Heath have over 46 years of combined experience proudly representing the people of southeastern Michigan in complex, emotionally charged family law cases.
Joint Custody Agreements
When two spouses in a divorce can agree to split the responsibilities of parenting their children, a joint custody agreement allowing for shared parenting time may be appropriate. In these arrangements, parents typically roughly receive an equal amount of time with their child, adhering to a regular schedule. Parents who split parenting time equally may also share responsibility over certain decisions, known as joint legal custody.
The Four Types of Alimony in Michigan
Spousal support can take a few different forms. It is often not permanent, sometimes lasting only until your divorce is finalized. In other situations, it can last for a few years to allow a homemaker spouse time to get back into the workforce. Alimony is normally only ordered on a permanent basis when there is little to no chance that the receiving spouse will ever be able to support herself or himself. You should also know that many spouses will demand alimony at the outset of the divorce regardless of whether or not they qualify for it. This demand is often quickly dropped in negotiations. If you are getting divorced and know that spousal support may be an issue, you need an experienced Oakland County, MI alimony attorney to help you.
Temporary Spousal Support Orders
Courts sometimes order one party in a divorce to continue supporting the other party on a short-term basis. These orders come with expiration dates. Often, one party will be ordered to provide some financial support for the other only for the duration of the divorce proceedings. This type of order usually just means that the higher-earning spouse will be ordered to keep paying the bills for the family home while the divorce is in process. When the temporary order expires, the payor may no longer have any spousal support obligations, or there may be a new, more permanent alimony order to take its place.
Helping a Child Who Acts Out During Divorce
Divorce can be hard on children. Their lives change drastically when their parents establish two separate households that the child likely has to move back and forth between according to your temporary child custody order. It is unsurprising that some children struggle to cope with their parents’ divorces and begin acting out. Although the transition might be difficult for your children, know that getting divorced is likely best for your child in the long run. Children who grow up with parents who are unhappily married are often worse off than children whose parents are divorced and happy. Your children will adapt in time, but may require some extra help while they are settling into a new routine. An experienced Novi, MI divorce lawyer can handle the legal aspects of your divorce while you focus on your children.
When to Seek Professional Help
Involving a therapist should not be a last resort. If you can tell that your child is struggling with the divorce and could use some help processing his feelings, therapy might be good for him. A therapist is a neutral third party who the child can be open and honest with. Your child may be happy to talk to a therapist about things he or she might not be comfortable addressing with you. Therapists who work with children are usually highly experienced in treating children whose parents are getting divorced.
Should I Call CPS on My Co-Parent?
Knowing that your children are being neglected or abused when they are with their other parent can be horrible. If you know that something is wrong in your co-parent’s household, dropping your children off there may feel like torture. The signs that something is wrong may be subtle - your children are always hungry when you pick them up, or they are coming back to you wearing dirty clothes and in need of a bath. Or, you may have seen more substantial evidence that your children are not safe with your co-parent. Many parents who are facing this incredibly difficult situation believe that calling CPS on their co-parent will mean that the children are removed from the co-parents' custody and placed in the caller’s exclusive custody. While this would often be best for the children, it is, unfortunately, not how these situations usually end. A Northville, MI child custody lawyer can take immediate steps to help you protect your children. You should always call 911 if someone is in immediate danger.
Planning to Co-Parent During an Unexpected Pregnancy
When you find out that you are expecting a child with someone you are not in a committed relationship with, you might experience a lot of strong feelings. You may be anxious, overwhelmed, and excited all at the same time. If you intend to have a co-parenting relationship with your child’s other parent, it is best to start preparing as soon as possible. While you cannot formalize a child custody plan until your child is born and his or her needs are known, making a tentative plan now can help you focus on bonding with your baby once he or she is born. An experienced Northville, MI child custody attorney can help you begin talks with your co-parent immediately.
Consider Your Relationship First
It makes sense to take stock of your relationship before you begin talking about legal custody arrangements. If you are currently in a romantic relationship, do you plan to stay together to raise your baby? If so, will you get legally married? While being legally married can offer some security and added benefits, like automatic paternity, it should not be rushed into. If you decide to marry, you should strongly consider a prenuptial agreement.
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