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Recent Blog Posts
What Documentation Do I Need Before Filing for Divorce in Michigan?
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.
How Is the Dissipation of Assets Handled in a Michigan 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.
What Are the Benefits of a Relative Adoption in Michigan?
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.
Tips for Divorcing a Narcissistic Spouse in Michigan
In some marriages, a spouse may be unhappy, but the thought of filing for a divorce can be intimidating. If a couple has children together, one parent may not want to break up the family unit. However, being married to a narcissist who is self-involved and arrogant can be damaging to the entire family. Narcissistic Personality Disorder is a psychological disorder that manifests with the constant need for acknowledgment and a lack of caring for others. Getting out of this type of toxic relationship by filing for divorce may be in your best interest. Since a narcissist typically believes he or she is always right, this can cause a lot of disputes during the legal proceedings. The following are a few practical ways to minimize the conflict when legally ending your marriage to a narcissist.
Three Steps to Protect Your Finances During Divorce
Divorce is stressful for a number of reasons, and adding financial struggles on top of everything can set people over the edge. Before couples begin the divorce process, they often expect things to be cordial and expedient. Things can quickly get ugly when the possibility of divorce becomes a reality. The division of marital properties and assets can bring out the worst in individuals with some spouses going so far as hiding assets or lying about their financial stability. Whether or not your spouse is involved in foul play, it is important to take additional measures to protect your finances during your divorce to avoid paying for it later.
Gather Your Records
Some divorcing spouses will take advantage of their joint financial accounts right before the divorce becomes official by buying expensive things or making large purchases, draining the account to keep the money away from their ex’s pockets. Obtaining documentation of the amount within all of your accounts before the divorce is a good way to protect your joint and individual accounts from these sort of actions. With the proper evidence, you can prove that your spouse’s spending habits have changed drastically throughout the divorce, jeopardizing your financial stability in the future.
Can A Child Custody Ruling Be Modified in Michigan?
When parents choose to end their marriage, the most important factor that should be considered for the future is the safety and wellbeing of their children. While Michigan law encourages both caregivers to create a custody agreement that is in the best interest of the children, this may not always be possible. Depending on the reasons behind the divorce, parents may have a difficult time coming together to construct an agreed-upon parenting plan. As time progresses and situations change, however, modifications may be made to a child custody arrangement if there is a proper cause and the involved children would benefit. If you wish to alter your current court-ordered parental agreement, a knowledgeable child custody lawyer can help.
5 Financial Surprises a Woman Might Face in a Michigan Divorce
The playing field of divorce may have leveled out over the past several years, but some women are still at a financial disadvantage when their marriage ends. In particular, women who left the workforce or sacrificed their education to raise a family or promote their spouse’s career may face some financial surprises with devastating consequences when they embark on a divorce. It is essential to learn the Michigan divorce laws to be prepared for this next chapter of your life.
1. Needing to Return to the Workforce
If you stepped back from your career to raise a family or further your spouse’s career, entered into retirement, or suffer a disability that limits your ability to work, you may be eligible for spousal support (alimony). Awards do not last forever, however, so it is recommended that you plan for re-entry into the workforce sooner rather than later. If you cannot work, strive to find a viable alternative, such as Disability or your spouse’s Social Security.
4 Tips to Help Alleviate the Stress of the Divorce Process
Divorce can be messy, even in the best of circumstances. Emotions run high, and you and your spouse may get caught up in getting even with one another rather than what is best for everyone involved. If you have children together, it is imperative that you consider their interests when making decisions. Thankfully, there are steps that you can take to ease the transition.
1. Reassure the Kids
Children do not always cope well with divorce, but it is often because they fear what might happen. Their worries can vary, but the solution is usually the same. All they really need is consistency and reassurance. They need to know that both of their parents will be there for them as life changes and that they are not at fault for the dissolution of your marriage.
You and your spouse are encouraged to reassure them together, perhaps in a family meeting where you tell them about the divorce and explain to them how things will change. More importantly, highlight the things that will not change -- both parents loving them and being actively involved in their lives.
Is Divorce Better Than An Unhappy Marriage?
Divorce is a scary decision to make and often takes couples years to come to. Splitting from your spouse may not sound like a good option, especially if you have been with them for over a decade. You become accustomed to living with another person, even if you do not necessarily get along with them, and the alternative can seem like a worse situation. For those considering divorce, it can be difficult to find the encouragement you need to do so from loved ones. Their ties to you and your spouse can make them a non-neutral party who are rooting for your relationship rather than your best self. Our divorce attorneys at Elkouri Heath, PLC, work to put you first, regardless of your relationship, and encourage our clients to look at divorce in a new light.
Seeing the “Positive” in the “Negative”
How Is Real Estate Property Divided in a Michigan Divorce?
No one really enters into a marriage thinking they are going to get divorced. Sadly, many couples do end their legal unions for various reasons. In some cases, an extramarital affair or an addiction problem may have caused the relationship to sour. Once a couple decides to part ways, they will have to make many decisions, including how to divide their assets and property. The division of real estate properties can be one of the most contested aspects of a divorce. Spouses often argue over who gets to stay in the marital home or who can keep the lake house. Under Michigan law, a judge is required to distribute marital property fairly. This typically means that each spouse receives approximately half of everything. However, the property may be divided unequally if one party is considered to be more responsible for the marriage ending or if one party proves a significant need for more assets.
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