Posted on October 20, 2020 in Divorce

Regardless of opinions on the matter, the law in Michigan states that substance abuse issues are not enough, in and of themselves, to disqualify a parent from retaining the rights to their children. It generally takes a showing of substance abuse and demonstrable consequences stemming from the problem in order to bring up questions of terminating parental rights. 

Parental Rights During a Divorce

As with any case where parental fitness is at issue, a Michigan court will determine the child’s future based on the consideration of a list of factors intended to pinpoint the best interests of the child. Parental fitness is only one of those factors, though it is an important one. If someone has a substance abuse issue but is seeking help with it, or if someone is mentally ill and in treatment, that is different in many respects from someone who denies the issue altogether. 

Continue Reading ››

 Posted on October 13, 2020 in Divorce

When a couple is getting divorced, property division is often the most contentious and time-consuming aspect of the process. It can feel insurmountable to have to divide every asset you and your soon-to-be ex-spouse have between you. However, there is one other thing that must be divided upon the occasion of divorce: the debt that both of you hold. Both must be divided equitably in Michigan.

Dividing Assets

There are several factors that a Michigan judge will consider when determining how assets are divided, but equity is the prevailing focus. Many people confuse equity and equality; equity is a legal term meaning fairness in all respects, while equality is more of a colloquial concept. A judge will weigh a list of factors and determine the fairness of the proposed distribution. Some of these factors include:

Continue Reading ››

 Posted on October 06, 2020 in Divorce

Serving in the military comes with obvious risks, but not everyone thinks about the risks their relationships may face. The unfortunate truth is that being an enlisted service member or an officer means your chances of getting divorced are much higher than those associated with a marriage between two civilians.

Factors that can lead to a ruined relationship include the extremely high stress of certain military jobs, being away for months at a time, and having to put your service before your family again and again. Service members who have experienced trauma while deployed or during training have an even higher divorce rate, with post-traumatic stress disorder (PTSD), depression, anxiety, sleeplessness, and an inability to assimilate back into civilian life being common contributors to divorce. 

Military divorce is similar to civilian divorce in various ways and much different in others. An experienced military divorce attorney can assist you as a service member or a civilian in your divorce.

Continue Reading ››

 Posted on March 31, 2020 in Family Law

Adopting a child can be one of the most rewarding experiences of a person’s life. In many cases, adoption gives a loving, safe home to a child in need. Some couples who cannot have biological children of their own may choose to adopt. Other spouses may decide they would like to expand their family through adoption, even if they already have kids of their own. Having siblings can be a wonderful way to grow up. However, there can be a period of adjustment for everyone involved. The following are a few ways to ease the transition for parents and children alike. It is also important to enlist the help of a knowledgeable family law attorney to make your dream come true.   

Continue Reading ››

 Posted on March 20, 2020 in Divorce

Millions of people around the world have been impacted by the novel (new) coronavirus, either by being infected or being ordered to stay home. In the U.S., states such as Michigan have temporarily closed schools, restaurants, and non-essential businesses. Depending on the industry, this has also led to many layoffs and citizens seeking unemployment benefits. Families are being told to stay home as much as possible to help slow the spread of the highly contagious virus. Parents are working from home if they can and children are participating in e-learning programs through their schools. There is no doubt these are stressful times. With families sequestered for an indefinite amount of time, can this lead to divorce? 

Continue Reading ››

 Posted on March 13, 2020 in Divorce

With all the stress that already accompanies a divorce, the addition of painful, heated courtroom drama can feel overwhelming. Fortunately, mediation might be an appropriate option if you and your spouse are willing to work together to come to a more satisfactory settlement for both you and your children. Although the positive aspects of mediation are appealing at first, it is important to consider several factors before choosing to take this route over litigation. 

The Pros

First, consider everything good that can come from mediation. This process differs greatly from a court hearing in several ways as shown by the following scenarios:

Continue Reading ››

 Posted on March 06, 2020 in Divorce

The thought of ending your marriage can be very intimidating in many ways. In some cases, you may be afraid to leave for financial reasons. Imagining how you will survive on one income may be daunting, especially if you stayed home to raise your children. However, you may be entitled to spousal support (alimony) if you get a divorce in Michigan. Each situation is unique, and the court will evaluate different factors when calculating this type of support. If you are awarded spousal support benefits, your ex-spouse is responsible for making these payments in a timely manner. However, things may not work as planned if your ex does not follow the rules. An experienced divorce attorney can assist you with enforcing spousal support or child support to ensure your financial security so you can move on with the rest of your life.   

Continue Reading ››

 Posted on February 29, 2020 in Divorce

For some couples, the end of a marriage may have been a long time coming. Regardless if spouses procrastinated with the decision to divorce or made it rather hastily, they must all follow the proper legal procedure to finalize it. Michigan is a no-fault state, which means couples do not have to prove that either party is to blame to obtain a divorce, just that the marriage is beyond repair. The dissolution of a marriage involves many issues that need to be resolved, including the division of assets or property, child custody, and child support. Determining who gets what in a divorce may require providing proof of finances, property, income, and more.

Continue Reading ››

 Posted on February 21, 2020 in Divorce

The end of a marriage can be difficult on many levels. The breakdown of a relationship can affect more than just spouses. If a couple had children together, they will likely be devastated to see their family unit split apart. In addition, breaking up can cause financial hardship for one or both parties. Michigan, like many other states, is an “equitable distribution” state when it comes to dividing assets or property in a divorce. This means any marital property will be divided in a fair way, but not necessarily 50/50. In some cases, one spouse may have made secret purchases with marital assets. The legal term for this deception is “dissipation of assets,” and an experienced divorce attorney can help discover it. 

Continue Reading ››

 Posted on February 14, 2020 in Family Law

According to the Adoption Network, approximately 135,000 children are adopted every year in the United States. Relative or related adoption is the legal adoption of a child by a biological relative. For example, it can be the adoption of a child by his or her grandparent, uncle, or cousin. In many states, relative adoptions are not as complicated as non-relative or agency adoptions. The Michigan Department of Health & Human Services (MDHHS) searches for adoptive families that will best meet the needs of a child. If possible, adoptive placements are made with relatives or foster parents, and siblings are kept together in most situations. It is important to seek the guidance of an experienced family law attorney when considering any adoption. 

Continue Reading ››