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Recent Blog Posts
Can Michigan Family Court Divorce Orders Be Appealed?
Divorce is tough on all those involved. With so much at stake, you may wonder whether the judge’s final order on asset division, child support, spousal support, or child custody is actually "final." Michigan does allow appeals on a family court decision, although the specific issues surrounding potential appeals are important.
It is important to differentiate between appeals and modifications. Modifications are common and are made after the divorce is final, when one spouse’s circumstances have changed significantly, and a change in spousal support, child support, or child custody is necessary. An appeal usually argues that the court made a mistake when applying the law, thus challenging the legal validity of the original judgment.
Does Work-Life Imbalance Have an Effect on Child Custody?
Many parents with demanding, time-consuming jobs struggle to balance work and day-to-day obligations with spending time with their children. When parents divorce, the situation can feel even more difficult. It can be frustrating to try to squeeze in a career you trained for and love around a parenting plan that requires daily, specific child-care obligations.
Perhaps even worse, if your divorce is particularly contentious, your spouse may use your job to seek primary child custody. If you truly believe that it is in your child’s best interests for you to be awarded primary custody, it can be exasperating to be forced to prove your job will not interfere with your ability to parent.
If you understand the potential "landmines" going in, you may be better able to achieve the custody situation that you want while ensuring your children do not suffer. Should you find yourself in such a tough situation, it is crucial that you contact an experienced Novi, MI child custody lawyer from Elkouri Heath, PLC. Our attorneys have been serving clients throughout southeastern Michigan for more than 23 years.
Differences In a Divorce That Includes a Lawyer as a Client
Research has placed the profession of bartending at the top of the chart for those most likely to get divorced time and time again. While you might think the reason for this is relatively low pay or the fact that the job requires interaction with alcohol, you would be wrong. Across all professions, those with the highest rates of divorce had non-traditional schedules and long hours. Of course, some of them also had those two things, along with low pay and dangerous conditions.
While lawyers might not fall under low pay or hazardous working conditions, many do have very long hours and non-traditional schedules. This is true, especially for new lawyers and lawyers in very large law firms. Regardless of the reasons, lawyers, like everyone else, can find their marriage falling apart and may choose to divorce. Splitting up a business or professional practice adds extra layers of complexities to divorce and requires specific knowledge and experience.
How Does a Michigan Annulment Work?
Many people associate an annulment with Catholicism. In that situation, an annulment is not a legal avenue to ending a marriage; rather, it is a spiritual one. Across the United States, each state has its own statutes that govern annulments and divorce. When you go through legal channels, an annulment renders your marriage as though it never happened, although there are rules in place for children born of the marriage as well as for asset division.
If you believe your Michigan marriage qualifies for an annulment and need help sorting out the details, it could be extremely beneficial to speak to a Northville, MI divorce attorney. When you have an attorney from Elkouri Heath, PLC who truly cares about your family law issue, you can rest easy knowing they will fight for the best outcome possible while always having your back.
What Are the Requirements for a Michigan Annulment?
The state of Michigan does allow legal annulments but within a very narrow framework. An annulment must meet one of the following criteria:
Could Qualifying for Medicaid Require a Gray Divorce?
Although most divorces result from two spouses no longer wanting to live together, there are exceptions, most notably among gray divorces, when one spouse needs long-term nursing home care. A gray divorce is one between older spouses, usually 60 and up. Although Medicaid requirements have changed over the years—to some extent—there are still situations that could benefit from divorce. In other situations, divorce is desired by both parties, and Medicaid eligibility is simply a by-product.
As of July 2023, Medicaid was the primary payer for more than 62 percent of nursing home facility residents. Medicare pays for about 13 percent—but only for up to 100 days—and the remainder of nursing home costs are paid out-of-pocket or through private insurance. Since the average cost across the United States for a nursing home is about $8,000 per month for a shared room and $9,000 per month for a private room, few can afford to self-pay. Having an experienced Northville, MI divorce attorney help you sort out the details of your specific situation and determine the best solution can be invaluable.
Special Custody Issues Associated with a Newborn
Every divorce and child custody case comes with its own set of complexities, but navigating custody issues for a newborn can be even more challenging. New moms need to be physically close to their newborns for bonding and for the baby's health. New dads also want—and need—to form a parental bond with the new baby. The issue of custody is not straightforward, as the newborn’s feeding schedule, medical needs, and even personality are not really known at this point.
The baby’s needs are paramount and must always be the focus of any custody negotiations. To ensure the baby’s needs—as well as those of the parents—are carefully considered, it can be extremely beneficial to have an experienced Novi, MI child custody attorney guiding you through the process. Your lawyer has the knowledge and skills necessary to ensure child custody arrangements for your newborn work for all those involved.
Can I Get Divorced if My Spouse is Incompetent?
Legal competence can be an issue in certain divorce cases, like when the parties are both senior citizens or when one spouse has a severe mental illness. In Michigan, it is possible to divorce a spouse who is not legally competent to respond to a complaint for divorce on his or her own. Otherwise, people could become unwillingly trapped in marriages to spouses whose severe mental or physical health conditions render them unable to meaningfully participate in a marital relationship. However, divorcing a legally incompetent spouse can be a little complicated. The court will need to appoint a guardian ad litem for him or her. If you are seeking a divorce and your spouse is unable to handle the proceedings on his or her own behalf, you will need a Novi, MI divorce attorney who is experienced in this type of divorce.
Gray Divorce and Competency Issues
If your spouse is suffering from Alzheimer’s or dementia to the point where he or she must be cared for in a nursing home or sometimes no longer knows who you are, your marriage is effectively over no matter what. It is very understandable if you choose to get divorced so that you can have the freedom to remarry or to protect your assets from being consumed by your spouse’s care needs. This can be an emotional decision as well as a practical one.
Proving Child Endangerment or Abuse During Divorce
Protecting the children is a parent’s number one priority during a divorce or child custody case. If your spouse has abused, neglected, or endangered your children, ensuring that he or she will never be in a position where this could happen again is the most important issue in your case. However, you can expect your spouse to fight back when you demand sole custody or supervised visitation only based on the best interests of your child. Almost no parent will voluntarily give up seeing their children unsupervised. If you need to protect your children from a dangerous parent, you should prepare to contest the child custody issue in your divorce. You will need an experienced Northville, MI child custody lawyer to help you gather evidence.
Gathering Evidence of Abuse, Neglect, or Endangerment
To prevent your spouse from gaining unsupervised access to your children, you will need to show the court that your spouse has a history of abusing, neglecting, or endangering your children. Types of evidence your lawyer may help you gather include:
Recognizing Empty Threats in Divorce
Not all divorces can be amicable. If you are not on good terms with your spouse, it is not unlikely that he or she will make legal threats that have no basis. Angry spouses often make unreasonable and unrealistic demands in the early stages of divorce negotiation. While legal threats can be frightening, they are often empty. It is important to discuss any legal threats your spouse has made with your Oakland County, MI divorce attorney. An attorney can help you determine whether a legal threat is realistic or incredibly unlikely to materialize.
Common Legal Threats During Divorce
Common threats your spouse may make during divorce include:
- "I will make sure you never see the kids again." - Unless there is substantiated evidence that you have outright abused your children, this almost never works out for the party making the threat. Courts strongly prefer shared custody situations, even if that means giving one parent supervised visitation to protect the children. Even if you are less than perfect - you are in addiction recovery or have a criminal record that does not involve child abuse - you will still very likely be able to see your children.
Divorce After Narcissistic Abuse
Being married to a narcissist makes you feel small and unimportant. Narcissists put their own needs and even wants above everyone and everything else. They use their spouses and others around them to selfishly meet their own desires without regard for how their actions make others feel. Recognizing that your spouse is a narcissist and making the decision to get divorced is a big step. Breaking free from a narcissistic abuser is typically challenging, as most narcissists will do anything to keep their spouses from leaving. Your Novi, MI divorce lawyer can help you by handling all communication with your spouse or his lawyer so that he will have less opportunity to try to convince you to stay.
Tips for Divorcing an Emotionally Abusive Narcissist
The divorce process can be more challenging when you are dealing with a narcissist who is not going to cooperate. Some tips that may help you successfully get through your divorce include:
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