Posted on September 13,2018 in Family Law

Traditionally, when a couple got divorced, the child was thought to be better off living with its mother for the majority of the time, rather than with its father. Because of that, sole custody was typically granted to the mother and the father was allowed visitation rights. In today’s age, it’s generally thought that joint custody is the ideal situation for children. The Michigan Child Custody Act states that it is important for a child to have a relationship with both of his or her parents, if possible. Child custody can be a hot topic when it comes to divorce, but custody arrangements are always determined with the child’s best interests in mind.

Deciding Factors for Custody Arrangements

Parents are urged to come to a custody agreement on their own, but in the event that they cannot agree, the court must step in and determine the arrangement that is in the child’s best interest. Michigan courts consider the following factors when determining a child’s best interest in custody cases:

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 Posted on September 06,2018 in Divorce

We all know what happens in a traditional divorce - the husband and wife spend months on end arguing about who gets the house, where the kids will live and how their property will be split between the two. A litigated divorce can be stressful for you, hard on your wallet and traumatizing to the kids. It is important to understand that you do have other options. Divorce mediation is one of those options and has become an increasingly popular route for many divorcing couples because of the multitude of benefits it offers.

What Is Divorce Mediation?

Many people do not actually know what divorce mediation is and therefore, do not know of its benefits. Divorce mediation is a form of alternative dispute resolution that involves a neutral, third-party - often a lawyer - who helps the couple make decisions about their own divorce. Unlike divorce litigation, there is only one mediator for both spouses, but the key to mediation is that the mediator is not able to advocate for one party over the other. The mediator is simply there to bring light to issues that need to be settled and guide conversations to keep them civil and productive.

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 Posted on August 30,2018 in Family Law

Generally speaking, Michigan law holds that it is in a child’s best interest to maintain continuous relationships with both parents after a divorce. But what if you suspect that your ex is using illegal drugs or abusing alcohol or prescription medications? For example, your ex might appear drunk or high when the children are picked up or dropped off, or the children might tell you that they have seen drug use or excessive drinking.

When the safety of your children is at risk, and you are unable to work out a satisfactory solution with your ex directly, you may need to take legal action. Your attorney can file a motion with the family court requesting specific actions or changes to your parenting time arrangements to protect the best interests of the children. Here are some of your options.

Request Testing and/or Investigation for Substance Abuse

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 Posted on August 24,2018 in Divorce

When one or both parties to a divorce suffer from alcohol use disorder (the latest medical term for alcoholism) or drug addiction, the divorce process can become significantly more complicated.

For one thing, settlement discussions can be much more difficult. Long-term drug use or alcohol abuse can actually cause brain damage, reducing a person’s ability to think logically, make decisions, and control their behavior. There are emotional effects as well: an estimated 30-40 percent of alcoholics also suffer from some type of depression. Bottom line, it is likely to take longer to reach a settlement and get the divorce finalized when you or your spouse abuses drugs or alcohol.

From a strictly legal point of view, a spouse’s drug or alcohol use can impact decisions regarding the division of assets, spousal support, child custody, and parenting time.

Drug or Alcohol Abuse Does Not Affect the Granting of a Divorce

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 Posted on August 18,2018 in Divorce

When two adults divorce, you have to make a lot of changes in a relatively short period of time: where you live, who you live with, how you manage your money, who your friends are, and so on. As hard as it is to deal with all of these changes as an adult, imagine how much more difficult it can be for a child who has no control over custody and parenting time decisions.

What can you do to keep your children healthy and happy despite the divorce? Here is some simple advice compiled by the Oakland County Friend of the Court agency with input from professionals who have helped hundreds of divorcing families.

1. Stick to a routine.

Make “predictability” a top priority. Stick to pre-divorce routines for mealtimes, bedtimes, chores, etc. wherever you can. Establish new routines to help the children maintain regular contact with both parents, as well as their friends and other relatives.

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 Posted on August 10,2018 in Divorce

With our lives running on Internet time — in minutes, not months — you may well wonder why there is a two- to six-month minimum waiting period between the initial filing and the finalization of a Michigan divorce.

Here are four good reasons the law requires these waiting periods and how they can actually benefit you.

1. Opportunity for Reconciliation

Marital tension can sometimes build up to the point of eruption, with a decision to divorce made in the heat of anger and frustration. A waiting period gives the couple time to cool off and reconsider whether divorce is really the solution they want.

Once a divorce complaint is filed in court, the looming reality of separation can trigger couples to begin talking about their issues in a new way. Or the spouse who initiated the divorce may move out of the family home and realize that life alone is not what they thought it would be. The waiting period allows the couple time to explore the possibility of reconciliation.

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 Posted on July 24,2018 in Divorce

The wedding ring handed down from your husband’s grandmother. The antiques from your wife’s family that were inherited during your marriage. Expensive purses and jewelry given by a husband’s mother to his wife as Christmas gifts. These are all examples of items that have both sentimental and financial value which can become bones of contention during a divorce. How do Michigan courts typically divide such items?

Engagement Rings

Michigan courts have ruled that if a couple breaks off their engagement prior to the wedding ceremony, the giver (purchaser) gets the ring back. Fault is not a factor here; that is, it does not matter who broke off the engagement or if one person was more to blame than the other.

However, once a couple is legally wed, the recipient gets to keep the engagement ring, as it is considered a permanent gift at that point.

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 Posted on July 10,2018 in Family Law

If you have been helping to raise your spouse’s children for some time now, you probably consider them “your” children already, even if they are not “yours” biologically and legally. Obviously, you cannot do anything about the biological part. But have you thought about legally adopting your stepchildren? 

Benefits of Stepparent Adoption

You might choose to adopt your spouse’s child for any or all of these reasons:

• To secure for you all the legal rights of a parent to make healthcare, educational, and other decisions on behalf of the child. This could be crucial if the child has a medical emergency.
• To protect your long-term rights as a parent in case of divorce or the death of your spouse. This could become urgent should your spouse become seriously ill.

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 Posted on July 05,2018 in Divorce

Are you thinking about a divorce, but are unsure if you want to be the one to actually start the legal process? This might tip you into action: The spouse who files for divorce first has several advantages over the other spouse.

1. Choosing the Court Location

When you file for divorce, you must do it in the state and county where you currently live. Suppose that you currently live in Oakland County, Michigan, and the person you are divorcing has recently moved to Illinois. If you file first, your divorce will be handled in the Oakland County court. But if your spouse files first, your divorce will be handled by a court in Illinois, which could prove very inconvenient for you. 

Note that each state has its own residency requirements for divorce. For a Michigan divorce, you must have lived in the state for at least 180 days and in your county for at least 10 days. In contrast, Illinois only requires 90 days of residency prior to filing for divorce.

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 Posted on June 27,2018 in Divorce

In the rom-com movie “Sweet Home Alabama,” Melanie (played by Reese Witherspoon) wants a divorce, but Jake (Josh Lucas) has refused to sign the papers for seven years. While Hollywood movies are not always known for their realism, this particular plot point may leave many wondering: could a resistant spouse really hold up a divorce proceeding for that long, just by refusing to sign a piece of paper?

In Michigan, you may be relieved to know, the short answer is “no.” If one spouse wants a divorce, the other spouse cannot prevent it. If your spouse refuses to participate in the process, your divorce can be finalized within a matter of months. 

Signatures Required for a Michigan Divorce

There are several points in the Michigan divorce process when legal documents have to be signed. But there is also a defined process for what happens if one spouse refuses to participate in the process. Here is how that works:

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