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Recent Blog Posts
Consequences of Dating While Getting a Divorce
If you are in the middle of a divorce, you may wonder if you should get into a new relationship right away or wait until the divorce is finalized. While dating someone new may help heal your heart and reduce stress, you should put it on hold until your divorce is officially over. This may seem difficult right now, but waiting to start a new relationship will be beneficial to you in the long run.
Why to Consider Not Dating in the Middle of Your Divorce
Although there is no official law that forbids you from starting a new romantic relationship during your divorce, it may negatively impact the proceedings. There are several potential consequences of dating while going through a divorce.
Here are a few of them:
- Dating may hurt your child custody case. If you and your ex have children together, a new relationship may negatively affect your custody case. Your ex’s attorney may argue that you are too busy with your new partner to provide your kids with the attention they need. As a result, the judge could possibly limit your parenting time.
How Are Military Retirement Benefits Addressed During Divorce?
When a member of the military or the spouse of a military member files for divorce, they face certain challenges and issues that other divorcing couples may not face. For example, one major issue that divorcing military spouses may need to address is determining how military retirement benefits are distributed between spouses. When a person joins the military, they receive various benefits, such as free or subsidized healthcare, access to various military bases, and generous retirement benefits when their time in the service is done. Those benefits could become an asset of interest during a divorce, which is why you should know how they are handled in the event you and your spouse disagree.
Divorce and the Uniformed Services Former Spouses’ Protection Act
According to the Uniformed Services Former Spouses’ Protection Act (USFSPA), a person is only eligible to receive payments directly from the Department of Finance and Accounting (DFAS) if they meet the requirements of the “10/10 rule.” This rule states that spouses must have been married for at least 10 years, and the service member must have served 10 years during the marriage. If the couple was not married for 10 years, or the serving spouse did not serve 10 years, then the other spouse is not eligible for payments directly from DFAS.
Financial Dos and Do Nots of Divorce
Divorce can change many aspects of your life, including your finances. Without a second income to depend on anymore, your entire financial situation may look different once your divorce is finalized. However, if you enlist the help of a Michigan divorce lawyer and financial advisor, you can get control of your finances.
Things to Do and Not to Do
There is no question that divorce can be extremely difficult. Things get much harder, however, when you are feeling like you do not have control of your finances. The good news is that with a little organization, you can easily put yourself in a much better position--and probably much more quickly than you might have thought possible.
Here are a few financial do’s and don’ts of divorce to consider.
- Do create a new budget. As mentioned before, you will not have two incomes to rely on after your divorce. Therefore, you may need to make some changes to your current budget. Make a list of your expenses and determine what you can realistically cut out. For instance, instead of going out to a restaurant on your lunch break at work, bring your own lunch.
How Can a Michigan Divorce Affect My Children?
Not all marriages have a happy ending. While most people go into a marriage thinking it will last for the rest of their lives, some marriages do end in divorce. Divorce is not uncommon in the United States; depending on the source that is consulted, anywhere from 35 to 50 percent of couples who get married will eventually end up getting a divorce at some point. For many couples who have children, one of the biggest uncertainties that they must deal with is wondering how the divorce will affect their children.
Divorce May Not Be as Harmful as You Think
Many people believe that divorce is one of the worst things that you could subject your children to. While it would be a lie to say that divorce does not affect children, it is not always as harmful as parents fear. In fact, there have been multiple studies conducted that have found that it is not divorce, specifically, that has a negative effect on children — it is conflict. When parents subject their children to constant conflict is when their children can suffer from various negative effects, such as behavioral issues and trouble with future romantic relationships.
How Child Support Payments Are Calculated in Michigan
Originally published: March 2018 -- Updated: May 2021
Laws are constantly changing in order to provide better services and protections to people in the community. Recently, child support laws in Michigan have been updated to contain information about what to do when a parent is incapacitated. In many cases, when someone becomes incapacitated because of a disease, illness or injury, it may not be certain when they will recover and begin earning income again. The section added to the Michigan child support manual addresses these types of situations and provides information on what to do in those situations.
An “incapacitated” parent is one that is either permanently or temporarily unable to earn an income for at least 180 days or longer because of a disability, mental incompetency, serious injury, debilitating illness, or incarceration. In these cases, a temporary child support order can be put into place to address this issue and to change the support order to one based on the parent’s current ability to pay. In some cases, a parent’s obligation to pay may be reduced to zero if they are unable to provide support. The final judgment for a modification to the child support order can be postponed until the paying parent’s situation is more stable.
Can I Collect Social Security Benefits From My Ex-Spouse in Michigan?
Getting a divorce can be financially disastrous. Depending on the circumstances of your divorce, a divorce can cost anywhere from thousands to hundreds of thousands of dollars to complete. Getting a divorce when you are close to retirement can be especially devastating. In many cases, retirement accounts are considered to be marital property and are subject to division during the property division phase of your divorce. Fortunately, the Social Security Administration (SSA) allows individuals to collect Social Security benefits through their ex-spouse’s benefit to help supplement their income during retirement.
Qualifying for Benefits Through Your Ex-Spouse
In order to claim benefits through your ex-spouse’s work record, there are certain criteria that you must meet. You can claim up to half of the amount of your ex-spouse’s benefit even if they have remarried, however, all of the following must be true to be eligible to claim this benefit:
Understanding the Home Study Requirement in Michigan Adoptions
Most people who have grown their family through adoption will agree that it is a fulfilling experience. Many children in the foster care system are available for adoption and are waiting for forever families, but before they can find a family, that family must meet specific requirements. One of the biggest requirements is the successful completion of a home study. Home studies are meant to ensure that the adoptive family is suitable for a child, but the process can be extensive. If you are considering adoption, you should be aware of the requirements to adopt and be prepared for your home study.
Elements of a Home Study
Every person who wants to be a foster parent or adopt a child in Michigan must complete a home study. The home study is typically done by your adoption worker, who is a licensed social worker. The home study is conducted through a series of meetings between you and your adoption worker, at least one of which must be at your home so the worker can observe where a child would be living. During the home study process, the adoption worker will gather information about:
What is the Difference Between Mediation and Arbitration in a Michigan Divorce?
Most divorcing couples know that taking their divorce case to trial should be used as a last resort. In many cases, a trial takes away the freedom of decision for many couples, leaving that decision to be made by the judge presiding over the case. Michigan encourages couples to try to work things out amongst themselves before seeking help. If a couple is unable to cooperate to make decisions pertaining to the divorce, the judge will likely order the couple to attend mediation services before they can proceed to trial. Mediation can be a beneficial tool for many couples who experience adversity from one another, but there are also other ways you can proceed with divorce in Michigan, including arbitration.
Understanding Divorce Mediation
Unlike other states, Michigan does not require couples to attend mediation before they can take their case to trial. Either spouse can ask the judge to order mediation or the judge can independently order a couple to attend mediation to settle their differences. Mediation is a form of alternative dispute resolution (ADR) that may help couples come to an agreement about divorce terms. During mediation, the mediator conducts the session by helping couples stay on topic during conversation and by suggesting solutions when necessary. Mediators, however, cannot make any final decisions for the couple. Mediation itself is also not a legal process and is sometimes used in conjunction with litigation.
What Is the Difference Between Legal and Physical Custody of Children?
Child custody is one of the most important and consequential legal issues that families may need to address. During the divorce process, parents will need to determine how they will share custody of their children. Unmarried couples may also need to address this issue and ensure that both parents will be able to maintain a close, ongoing relationship with their children. When determining how to handle custody-related matters, it is important for parents to understand the different types of custody and how these cases are handled in Michigan’s family courts.
Legal Custody vs. Physical Custody
Child custody issues generally fall into two categories. The first category, which is commonly known as “legal custody,” involves the authority to make important decisions affecting the welfare of the child. Legal custody generally involves the right to make major decisions about how children will be raised. This may include medical decisions such as which doctors children will visit and what treatments they will receive or educational decisions such as where they will go to school. Legal custody may also address decisions about children’s practice of religion or what activities they will participate in.
Can My Spouse and I Get a Legal Separation in Michigan?
There are a variety of reasons why marriages break down or fail, leading couples to pursue a divorce. However, this will legally terminate a couple’s marriage, which is an irrevocable step that some couples may not be ready to take. In many cases, couples choose to have a trial separation while they determine whether they can repair their relationship, or they may wish to remain married for religious or cultural reasons.
Those who want to begin separating from their spouse but do not yet want to get divorced may be considering a legal separation. The laws in Michigan refer to this type of situation as “separate maintenance,” and couples will need to understand the procedures followed in these cases and the legal issues that may affect them.
Understanding Separate Maintenance
If a person is looking to separate from their partner while remaining legally married, they can file a complaint for separate maintenance. This complaint is similar to a petition for divorce, and as with a divorce petition, it will state that the marriage has broken down irretrievably. After being served with a complaint for separate maintenance, the other spouse can admit or deny the grounds cited, or they can file a counterclaim for divorce and begin the process of legally ending their marriage.
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