Posted on March 26, 2021 in Divorce

If you are considering divorce or are in the midst of the divorce process, you may be worried about how you will deal with your spouse as you work to legally dissolve your marriage. Since your relationship has broken down beyond repair, it is understandable if the two of you have trouble getting along, but you may want to try to avoid serious conflict and resolve matters as peaceably as possible. Fortunately, your divorce does not have to be an extended legal battle in the courtroom, and you may be able to get through the process more easily by using mediation.

Reducing Conflict Through the Mediation Process

When you use mediation, you and your spouse will meet together with a mediator, who will act as a neutral third party who will help you work together to reach a mutually agreeable divorce settlement. The mediation sessions will consist of informal meetings where the two of you can identify the issues that need to be resolved, discuss your concerns, and reach compromises that you will both be satisfied with. The mediator does not make any decisions but instead will guide you toward compromises while making sure you understand how the law applies to your situation.

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 Posted on March 18, 2021 in Divorce

After completing your divorce, it is likely that your life will change at some point. If you are looking to pursue job opportunities or live closer to your family members, you may be considering moving to a home in a new city. However, if you share custody of your children with your ex-spouse, you will need to understand how Michigan’s parental relocation laws will apply to your situation. Depending on your circumstances, you may need to receive approval from either your ex or the court where your divorce case was heard before you can relocate.

Parental Relocation in Michigan

If you have sole legal custody of your child, you usually will not need to seek approval for relocation, although you may need to get court approval if you will be moving outside the state of Michigan. However, if you share legal custody with your child’s other parent, you will need to receive approval if you will be moving at least 100 miles away from your current home or to another state. If you already live more than 100 miles away from the other parent, or if your planned move will place you closer to the other parent’s home, you will not need to receive approval for relocation.

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 Posted on March 12, 2021 in Divorce

When you get divorced, you and your spouse will need to divide your property and assets. During the property division process, you will need to identify all of your assets, determine their value, and reach a fair and equitable agreement for how these assets should be distributed between the two of you. Unfortunately, this process can become more difficult if one party tries to unfairly influence the results by hiding or concealing assets. If you suspect that your spouse has hidden assets from you, you will want to understand how you can uncover this activity and the steps you can take to ensure that your property is divided fairly and equitably.

Methods of Hiding Assets

There are a variety of ways that spouses may attempt to conceal assets that they do not want to divide with their spouse, including:

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 Posted on March 03, 2021 in Divorce

UPDATE: The information below continues to apply to many divorcing spouses. However, the COVID-19 pandemic has created additional delays in divorce cases. Spouses who are going through the divorce process should be aware that since the beginning of the health crisis, many courts have closed or have restricted the types of cases that are handled through in-person court appearances. In many cases, courts will only hold in-person hearings to address emergency matters. Spouses should check with their attorney and their local court if they need to address these types of emergencies, which may include petitions for orders of protection in situations involving domestic violence or requests for emergency child custody or parenting time orders that address children's safety and well-being. For non-emergency matters, courts may hold virtual hearings or conferences, allowing spouses to address other divorce-related issues without unreasonable delays. As more people become vaccinated, and the risks of infection decrease, courts will likely begin reopening for in-person proceedings, and spouses can work with their attorneys to determine the best ways to approach their case and address any delays.

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 Posted on February 27, 2021 in Divorce

If you have not worked outside of the home in some time and you are considering divorce, you may have concerns about how you will make ends meet without your spouse’s financial contributions. The prospect of reentering the workforce after being a homemaker or stay-at-home parent for many years can be daunting. You may worry that you do not have the job skills or education needed to gain suitable employment. You may also worry about being forced to place your children in childcare when you would rather stay home and raise them yourself. Alimony, or spousal support, may offer financial assistance for divorcing spouses who are not the primary wage-earner, but alimony is not awarded in every Michigan divorce.

When Is Alimony Awarded in Michigan?

There are several avenues through which alimony is awarded in Michigan. You may be entitled to alimony if you and your spouse signed a valid prenuptial agreement or other marital agreement that gives you the right to alimony. You may also receive alimony if you and your spouse can agree to a spousal support arrangement and the court approves of your agreement. Your lawyer may be able to help you negotiate a spousal support agreement or you may reach an agreement through an alternative resolution method like mediation or collaborative law. Unfortunately, many spouses find that getting the other spouse to agree to reasonable spousal support terms is nearly impossible. In this case, you would need to petition the court for a spousal support order.

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 Posted on February 23, 2021 in Divorce

The words “collaborative” and “divorce” may seem like opposites. However, many divorcing couples find that it is possible to have a divorce that is respectful and rooted in cooperation. To end your marriage, you will likely need to address several complicated issues including the division of assets and debt, child-related concerns, and alimony. During a collaborative divorce, spouses work with a collaborative team to reach an agreement regarding these issues. Collaborative divorce is not right for everyone, but there are several advantages to using this strategy to end your marriage.   

Using Collaborative Law to Resolve Divorce Issues in Michigan

The purpose of the collaborative divorce process is to reach an agreement about unresolved divorce issues in a manner that is cooperative rather than antagonistic. Spouses begin the process by hiring lawyers to represent them. It is crucial to hire an attorney who is experienced in collaborative divorce. You and your attorney will discuss your questions, concerns, and goals regarding the divorce. Next, each spouse and his or her lawyer hold a series of meetings during which they discuss the divorce issues. Your lawyer is there to protect your rights and provide legal guidance so that you can make informed decisions.

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 Posted on February 12, 2021 in Divorce

The division of marital property is often one of the most important considerations in a Michigan divorce. For many divorcing spouses, one of the top questions is, “Who gets the house?” You and your spouse may be able to reach an agreement about what to do with your house. Mediation and collaborative law are two alternative resolution methods that have helped countless divorcing couples reach property division settlements. If you cannot reach an agreement, the decision regarding possession of the marital home will be left to the court.

Options for Dividing the Marital Home

You and your spouse have several options when it comes to the marital home. You may decide to sell the home and then divide the profits. If one spouse wishes to retain possession of the home, you may decide on a property division arrangement in which the spouse who gets the home “buys out” the other spouse. This is usually accomplished by one spouse retaining possession of the home and the other spouse retaining possession of the marital property of an approximately equal value.

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 Posted on February 05, 2021 in Divorce

The state of Michigan presumes that it is best for children to have both of their parents involved in their lives. Save for situations involving abuse and other issues that could endanger the child, Michigan courts usually favor child custody arrangements that allow parents to share custody. Life is full of unexpected changes, and consequently, parents may need to modify an existing child custody order. Whether you are a divorced parent or an unmarried parent, you can change your child custody arrangement in Michigan but only in certain circumstances.

You Must Show a Significant Change in Circumstances

Child custody is broken down into physical custody and legal custody. Physical custody is where the child actually lives while legal custody refers to a parent’s decision-making authority regarding the child’s upbringing. Michigan courts know that change is hard on children, so you can only modify your child custody order for a very good reason. Typically, the court requires there to be a major change in circumstances to even hear a motion to modify child custody.  

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 Posted on January 28, 2021 in Divorce

If the relationship between you and your spouse has broken down, you may be considering ending your marriage. However, even if you believe that divorce is what is best for your family, you may be unsure about what will happen during the divorce process. One question that many spouses have is whether being the first to file for divorce will provide them with any advantages. By understanding the divorce laws in Michigan and the type of divorce you are planning to pursue, you can determine whether you should file for divorce sooner rather than later.

Filing for Divorce in Michigan

The divorce process begins when one spouse files a divorce complaint in their county’s circuit court. Since Michigan is a no-fault divorce state, the complaint will not need to specify specific grounds for divorce or a reason your marriage ended. Instead, you will simply need to allege that your marital relationship has broken down “to the extent that the objects of matrimony have been destroyed” and that it is not likely that you will be able to preserve your marriage. Since a divorce complaint will not blame either spouse for the end of the marriage, this may eliminate the need to be the first to file, since neither of you will need to show that the other is at fault for your divorce.

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 Posted on January 22, 2021 in Family Law

All children have two biological parents, but these individuals will not always be considered the child’s legal parents. If a mother is unmarried when her child is born, she and the child’s other parent will need to take steps to establish paternity in Michigan. Doing so can not only provide a child with a sense of identity and belonging, but it can also provide the child and the parents with a number of other legal benefits.

How Is Paternity Established in Michigan?

If a mother is married when her child is born, her spouse will be the legal parent of the child. If the mother got divorced within 10 months before her child was born, her ex-spouse will be the child’s legal parent. Typically, in situations where the mother is unmarried, the child’s father will not be recognized as a legal parent until paternity is established.

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