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Recent Blog Posts
Why Timing Matters in a Divorce
How long you have been married can play a large role in how a divorce plays out. If you are considering getting a divorce, you should be aware of what the law says about how the length of your marriage may influence your final settlement or ruling. A Michigan family law attorney can inform you of your rights and advocate for a solution with your best interests in mind.
At Elkouri Heath, PLC, we have over two decades of experience handling complicated divorces on behalf of our clients. Whether your marriage lasted two years or twenty, we can let you know what to expect and will represent you in and outside of court.
Alimony
In Michigan, an award of alimony will usually be proportionate to how long the marriage lasted. That being said, the length of the marriage is not the only factor a judge will consider. The earning potential of both spouses, contributions to the marriage, and responsibility for the collapse of the marriage can all influence an alimony ruling.
Understanding Your Rights As a Parent in a Divorce
Divorces are full of unknowns, especially as it pertains to parenting. If you and your spouse are divorcing with children, you will have to figure out a new parenting arrangement in your child’s best interests. A Michigan family law attorney can keep you informed of your rights and advocate for a favorable resolution on your behalf.
At Elkouri Heath, PLC, we have served clients in complex issues of family law for over 20 years. Our attorneys are here to provide you with compassionate assistance, whether you expect to take your divorce to court or an alternative form of dispute resolution. We know how much your relationship with your child matters, and we will do everything we can to protect it for the future.
Parenting Time
Unless proven otherwise, both spouses in a divorce are assumed to be fit parents. This means that you cannot be unjustly denied parenting time, also known as visitation, with your child unless it would jeopardize the child’s well-being. When splitting up parenting time between spouses, the courts will not show special preference to the mother or the father.
The Major Factors in an Alimony Award
Alimony, also known as spousal support, may be awarded by a judge after a divorce. It is intended to keep a spouse financially stable after the end of the marriage, and it may be either a short-term or long-term arrangement. However, alimony is not awarded in every divorce. A judge will consider multiple factors before making a final decision, evaluating each divorce on a case-by-case basis.
If you are unsure about whether you will pay or receive alimony, a Michigan divorce attorney can advise you about what to expect and advocate for a favorable outcome. At Elkouri Heath, PLC, our attorneys have over 20 years of experience, and we are ready to negotiate for a favorable outcome on your behalf.
Length of the Marriage
The length of your marriage typically plays a major role in an alimony decision. While there is no specific amount of time that will automatically qualify for alimony, longer marriages will be given greater consideration for an award of support. Short marriages lasting only one to three years are far less likely to be considered for alimony.
My Spouse is Withholding Parenting Time. What Can I Do?
After a divorce, it can be tricky to figure out a proper schedule for parenting time. It may take some time before you, your co-parent, and your child can adjust to the new schedule. Sometimes accidents happen, and your co-parent may not be able to honor your parenting schedule.
If these slip-ups are only occasional, you might give your co-parent the benefit of the doubt. But if it becomes a recurring pattern, you might begin to suspect that your spouse is intentionally stepping on your parenting time. This is a delicate issue, and it is important to keep your child away from the crossfire of a legal dispute. A Michigan family law attorney at Elkouri Heath, PLC can help you take action against your co-parent for any violation of a custody agreement.
Stay Calm
Once you have reason to believe that your spouse is sabotaging your parenting time, you might be shocked, even outraged. Although it is easier said than done, you should try to remain calm. A measured response will get you much further than an angry outburst.
How to Keep Your Separate Property Separate in a Divorce
Property disputes are one of the most contentious parts of a divorce. After years of living together, a couple may struggle to determine what counts as marital property and what does not. Even if you do not plan to get a divorce, taking steps to establish your separate property can save you time and money. A Michigan family law attorney can help secure your assets.
At Elkouri Heath, PLC, we can advise you of your best options to avoid commingling your property and protect your separate assets. Our legal professionals are here to keep things simple, offering sensible guidance for any family issue.
Use Binding Documents
A prenuptial or postnuptial agreement is a legal document that can give you separate property rights. The only difference between a prenuptial and postnuptial agreement is whether the document is signed before or during your marriage.
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.
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