Posted on November 29,2021 in Family Law

Michigan is an equitable distribution (as opposed to community property) state. In a community property system, all marital property is divided right down the middle, regardless of contributions. Under equitable distribution, marital assets are divided up into just portions, taking many factors into consideration. This process includes a three-step process of identifying, valuing, and dividing the assets and liabilities.

Identification

The first step in division of assets in a divorce is identifying and classifying all the assets and liabilities acquired during the marriage. This is not always as straightforward as it sounds. This includes not only tangible assets such as homes, cars, bank accounts, and retirement funds, but also intangible assets such as business goodwill and household services.

Once identified, the asset must be classified as either marital or nonmarital property. Although most assets acquired during the marriage will likely be deemed as marital, there are some exceptions:

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 Posted on November 22,2021 in Divorce

November ushers in the holiday season that continues right through to New Year’s Day. While it is often exciting to think about spending time with family and friends, the holiday season can also cause stress for parents who are divorced and trying to navigate through the holidays with the least amount of impact on their children possible. Michigan family courts understand that children need to spend time with both parents and that includes holidays. This is why it is important to have a parenting plan in place that not only sets a regular parenting time schedule throughout the year, but also addresses how parenting time will be divided during holidays and special occasions.

Arranging Holiday Parenting Time

Most schools close over the winter break, and many parents also get time off from work during this time. Trying to come up with an agreeable schedule for the holidays can sometimes be difficult. The following are some suggestions that can help make coming up with a holiday parenting time plan easier for divorced parents:

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 Posted on November 18,2021 in Divorce

One of the biggest stresses when going through a divorce is what will the financial outcome be and how will that outcome affect your financial future. In Michigan, just like most states, marital assets are distributed using the equitable division standard. This does not mean the outcome is necessarily “equal” but that the division is done based on circumstances in the couple’s case in the most equitable way possible.

In many marriages, one spouse is usually more involved in handling the couple’s finances and this can mean that the other spouse may not be fully aware of the details of all of the marital assets and debts. In some cases, even the spouse who does oversee all the finances may not realize all the specific details of the martial estate. This is why no matter what your position is in your marriage, it is a good idea to create a property and asset division checklist in order to understand exactly which assets and debts qualify as marital and which ones qualify as separate.

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 Posted on November 08,2021 in Family Law

It is estimated that there are approximately 300,000 paternity tests performed each year in this country to determine the identity of a child’s biological father. In order to make that determination, DNA tests are one of the most reliable and popular methods. Courts rely on DNA testing whenever there is any contesting of paternity, so it is critical for these tests to be accurate.

The DNA Testing Process

When a man is undergoing a paternity test, a small sample of their DNA is required, along with a DNA sample of the child. There are a number of different ways this DNA can be collected:

• By taking a swab of cells from inside the cheeks of both parties

• By taking a small sample of blood from both parties

• By taking a saliva sample from both parties

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 Posted on October 29,2021 in Divorce

When a married couple with a child decides to end their marriage, the courts must decide how parenting time and custody will be divided between the two parents. There is no difference in how these decisions are made based on whether the child is the couple’s biological child or was adopted. If you are considering or have decided to divorce and have any adopted children who are minors, it is important to consult with an Oakland County divorce attorney to find out what all your legal options and potential issues may be.

How Do Courts Decide Custody?

When a family court judge is determining a child custody case, that decision will always be made based on what is in the best interest of the child. The judge could decide the parents should both share joint legal custody or only one parent should have sole legal custody. Physical custody, or parenting time, could be shared 50/50 between both parents or the judge could decide the child will live primarily with one parent and have visitation with the other.

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 Posted on October 22,2021 in Family Law

Although the goal may be to have the divorce process go smoothly and end with the desired outcome, the reality is that very few do, especially if there are children involved. Child custody is one of the most serious and emotional issues that a couple must address in their divorce and whatever the court’s final decision is will affect the child and parents for the rest of their lives.

Navigating Through the Court’s Decision

Many couples who have reached the point of ending their marriage are usually dealing with a severely deteriorated relationship. The ability to communicate with each other peacefully may be poor, while contention between the two may be high. Child custody and parenting time forces a couple to have to come together and reach a mutual understanding and be able to cooperate with each other to effectively co-parent. The irony is that these are often things that the couple were unable to do while married and this is why the relationship crumbled.

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 Posted on October 15,2021 in Family Law

The month of October has been designated as Domestic Violence Awareness Month (DVAM). Domestic violence is defined as the “willful intimidation, physical assault, battery, sexual assault, or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another.” More than 10 million adults experience domestic violence each year. On a typical day, local domestic violence hotlines receive approximately more than 19,000 calls. This comes out to 13 calls per minute. Here in Michigan, it is estimated more than 35 percent of women and 25 percent of men will experience some form of domestic violence in their lifetimes. When it comes to domestic violence, it is not only the adult who is the victim, but any children who live in the home are also victimized. 

Domestic Violence and Child Custody

The above statistics show just what a common issue domestic violence is for families across the country. Not only does the violence affect the victim, but it also has a harmful impact on children who witness the abuse. It is estimated that children witness 70 to 80 percent of all domestic violence assaults that occur.

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 Posted on October 07,2021 in Divorce

There is no denying the impact that a divorce has on a person’s life. Even if they are the spouse who wants to end the marriage, there could still be effects on their family and social relationships that they may find jarring. There is also the financial impact a divorce has. Many people find that after a divorce, their credit score has gone down. It is not the act of divorcing that can cause this decrease, but rather the financial obligations and standing that happens during and after the divorce process. The following are some steps you can take to help minimize that impact.

Protecting Credit Scores

Surveys have found that approximately 55 percent of women and 40 percent of men find that their divorce creates a negative impact on their credit score. While women experience the higher impact, they also report higher incidents of their former spouse ruining their credit – 50 percent – compared to only 37 percent of men who face the same consequences because of their former spouse.

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 Posted on September 29,2021 in Divorce

The breakdown of a marriage can be difficult for both spouses, and in some cases, marital issues may become public knowledge due to details that a couple, their children, or other family members or friends share on social media. Since so many people are used to sharing information about themselves when they use Facebook, Instagram, TikTok, Twitter, or other social networks, they may expect that they can continue to discuss their lives online during the divorce process. However, it is important to understand what types of information should or should not be shared and how posts on social media may play a role in a couple’s divorce.

Social Media Posts as Evidence in a Divorce Case

Information posted online, such as photos or status updates, is generally available to the public. This means that anything posted to social media could potentially be raised during the divorce process. Even posts that a person believes are private could be uncovered by the other spouse or their attorney. Because of this, it is important to treat everything posted on social media as something that could potentially be raised in divorce court.

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 Posted on September 23,2021 in Family Law

Countless studies show that children thrive with the love and support of two parents. However, sometimes, those parents are not related to the child by blood. Stepparents often play a crucial role in a child’s life. However, stepparents do not have the same legal rights and protections as biological parents unless they legally adopt the child.

If you are a stepparent who would like to adopt your stepchild, read on to learn about the stepparent adoption requirements and procedures in Michigan.

Terminating the Biological Parent’s Parental Rights

Children can only have two parents by law. This means that you may need to get a parent’s parental rights terminated before you can adopt your stepchild. Some parents voluntarily agree to give up their parental rights – especially if they recognize that the stepparent is in a better place to care for their child. Other parents refuse to surrender their parental rights. If the child’s biological parent does not want to give up his or her rights to allow you to adopt the child, you will need to attend a hearing and provide sufficient reasoning for the termination of the parent’s rights.  

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