Posted on December 18,2019 in Divorce

Divorce is a fairly common occurrence these days, especially when compared to decades ago. Recent studies show that approximately 40 to 50 percent of U.S. marriages end in divorce. Although this may be a somewhat disheartening statistic, it is a reality in today’s modern world. Regardless of whether the breakdown of a marriage was caused by infidelity, addiction, or financial problems, for many couples, legally ending their union may be better for everyone in the long run. Once a couple decides to divorce, many issues will need to be addressed, such as property and asset division, spousal support, and child support if children are involved. Child support in Michigan is determined based on various factors, but what if one or both parents are serving in the U.S. military? Service to our country can affect how child support payments are implemented. 

Continue Reading ››

 Posted on December 11,2019 in Family Law

In the past, the nuclear family was preferred for adoption over other family makeups and dynamics; however, this has changed as society has modernized and the vision of the “American family” has expanded. Many single parents incorrectly believe that they cannot adopt due to their relationship status. In 2017 alone, almost 15,000 single women and nearly 2,000 single men adopted children or youth from foster care. For single women or men looking to adopt a child, it is important to consider how single parenthood would affect their lifestyle and to look at their various options to make an informed decision on the matter.

Lifestyle Changes

It is no secret that having a child changes an adult’s life forever. This is especially true of those looking to embark on this journey alone. Single individuals considering adoption should look at the following three areas to see if they are ready to take that step:

Continue Reading ››

 Posted on November 30,2019 in Divorce

If you have grandchildren, you know what a joy being a grandparent can be. After a divorce, grandparents may worry that they will not get to see their grandchildren as often as they did when the children’s parents were married. In some cases, a parent may outright refuse to let his or her children see their grandparents. This can be absolutely devastating for both the grandparents and the grandchildren. Fortunately, grandparents have certain rights under Michigan law that allow them to spend time with their grandchildren. However, these rights may be subject to certain restrictions and qualifying criteria.

How Can I Get Grandparenting Time?

Visitation with grandchildren, also called grandparenting time, is not automatically granted after a divorce. If your grandchildren’s parent(s) agrees to grandparenting time, you will have a much easier time pursuing visitation with the children. However, if the parents do not want you to see their children, you will have to convince the court that grandparent visitation is in the child’s or children’s best interest.

Continue Reading ››

 Posted on November 21,2019 in Divorce

If you are a parent who is unmarried or planning to divorce, you may have many questions about child custody in Michigan. Parents are encouraged to work out their own child custody arrangements, but understandably, this is not always possible. If parents cannot come to an agreement regarding custody and parenting time, the court will intervene and determine a child custody schedule on behalf of the parents. In Michigan, the Child Custody Act dictates how the court makes decisions about parenting time and custody.

Joint Custody or Sole Custody?

There are two types of custody under Michigan law: legal custody and physical custody. Legal custody is a parent’s decision-making authority and physical custody is where the child physically lives. Parents with joint legal custody consult with one another regarding major child-related decisions whereas sole legal custody assigns all decision-making responsibilities to one parent. In a joint physical custody arrangement, the child maintains a residence with both parents. Typically, one parent in a joint custody arrangement is the primary custodian and the other parent enjoys child visitation, technically called parenting time in Michigan law. When a parent has sole physical custody, the child resides only with them.

Continue Reading ››

 Posted on November 14,2019 in Family Law

Adoption offers a way for a person or a family to provide a loving home to a child in need. The choice to adopt a child can be one of the most rewarding decisions an individual or a couple ever makes. If you plan to adopt in Michigan, you will need to decide whether you want to pursue a private adoption, adoption through a private or public agency, an international adoption, foster care adoption, or another avenue. You will also want to consider if you want a closed or an open adoption. Regardless of the type of adoption you choose, it is essential to hire an experienced family law attorney to guide you through the process. Below are a few of the pros and cons of open adoption.

Advantages of an Open Adoption

In an open adoption, the adoptive child can be in contact with his or her birth parents or birth family, and they may even spend time with these family members on a regular basis. There are many benefits to having an open adoption. In some cases, adoptive children who do not know their birth parents lack a feeling of belonging. They may wonder what their adoptive parents are like or question why they were placed for adoption in the first place. Open adoption can give adoptive children answers to these questions and help them gain a greater sense of personal identity. Having an open adoption may widen the circle of support in the child’s life, and it can also provide the adoptive parents with love and support.

Continue Reading ››

 Posted on November 07,2019 in Divorce

When a couple divorces, one spouse may be at a significant financial disadvantage. For example, if a stay-at-home parent has not worked outside of the home in many years, he or she may have difficulty acquiring employment and becoming financially independent after the split. In some divorce cases, the higher-earning spouse is obligated to make payments to the lesser-earning spouse for a period of time. These payments are commonly referred to as alimony, spousal support, or spousal maintenance. Although wives have traditionally been the recipients of spousal support, both men and women may be entitled to this kind of monetary support depending on the circumstances.

Michigan Spousal Support

If you are considering divorce, you may be wondering whether you will be ordered to pay spousal maintenance. The answer depends on a number of factors. If you and your spouse had previously signed a valid prenuptial agreement that dictates your spousal support obligations, you will be expected to comply with the terms of that agreement. Michigan courts make decisions regarding alimony on a case-by-case basis. When determining whether spousal support is appropriate, the court will consider aspects such as:

Continue Reading ››

 Posted on October 22,2019 in Family Law

When a married couple has a child together, the husband of the woman who gave birth to the child is automatically considered the child’s father in the eyes of the law. The father does not need to take any action to establish paternity and become the child’s official parent. However, the same is not true for unmarried couples. If you are an unmarried father who wishes to become your child’s legal parent, you will have to take some steps to officially establish the parent-child relationship.

Establishing Parentage Can Benefit Your Child in Many Ways

Even if you know that you are the biological parent of your child, there are several benefits of formally establishing parentage or paternity. Establishing paternity can give your child a better sense of self and open the doors for them to form a relationship with extended family. Furthermore, establishing paternity allows your child to benefit from your:

Continue Reading ››

 Posted on October 17,2019 in Divorce

If you and your spouse have decided to end your marriage, one of your greatest fears may be telling your children that you plan to divorce. It is very possible that your children will remember the moment they learned about the divorce for the rest of their lives. Needless to say, it is important for parents to plan this discussion carefully and take steps to make the conversation go as smoothly as possible. Fortunately, much research has been done regarding the best ways to tell children about divorce. Read on to learn about the most common advice experts give parents for how to break the news of their impending divorce to their children.

Reassure Children That the Divorce Is Not Their Fault

Children are naturally egocentric. Because of this, they may assume that they somehow caused the divorce. This is especially true if the children have heard their parents arguing about parenting concerns in the past. Even if they do not say it outright, they may be secretly concerned that if they had behaved better or made different choices, that maybe their parents would be staying together. It is important for parents to remind children that the adults have made this decision for their own reasons and that it is in no way the kids’ fault.

Continue Reading ››

 Posted on October 10,2019 in Divorce

Studies show that children thrive when they have a relationship with both of their parents. In addition to emotional support, kids deserve to receive financial support from both of their parents, including when parents are divorced or unmarried. If you are a parent in Michigan who is considering divorce, you may be wondering how child support determinations will be made. Which parent pays child support? How much will my monthly child support payment be? When does child support end? Read on to learn the answers to these questions and find out how you can get help with child support questions or disputes in Michigan.

Understanding Michigan Child Support 

The Michigan Child Support Formula is used to determine which parent will pay child support and the amount of support payments. The factors considered in child support calculations include:

Continue Reading ››

 Posted on October 03,2019 in Divorce

Often, one of the most contentious issues during a divorce is asset division. When two people marry, they join their lives not only personally, but also financially. Undoing the intertwining of two people’s finances can quickly become complicated – especially if the couple owns complex assets such as a family business, stock options, retirement accounts, or investment real estate. If you plan to divorce and you live in Michigan, a qualified family law attorney can help you understand your options for property division under Michigan law.

Marital Property Is Property Accumulated During the Marriage

Before the marital estate can be divided during a divorce, courts must determine what property is separate and what property is marital. Generally, separate or non-marital properties include funds or assets which a spouse acquired before getting married. For example, if a wife collected an assortment of fine art before she married her husband, it would likely be considered separate property and not subject to division during divorce. Marital property, on the other hand, typically includes any assets accumulated during the marriage. However, there are exceptions to these general rules. According to Michigan case law, assets accumulated while the couple was living together but not formally married may be considered separate property or part of the marital estate depending on the specific circumstances of the case.

Continue Reading ››