Posted on April 09,2018 in Divorce

Divorcing couples with minor children will quickly become familiar with multiple government agencies, including:

• The Family Division of the circuit court in the county where the divorce is filed;
• The Friend of the Court (FOC) office in that county; and
• The Michigan State Disbursement Unit (MiSDU).

These three government units each play an important role in ensuring that Michigan children of unmarried/divorced parents receive the best possible care and financial support. Consider the following simple overview to help you understand the role that these agencies will play during and after your divorce.

The Family Division of the Local Circuit Court

Michigan has 57 circuit courts covering its 83 counties. Circuit courts are typically located in county courthouses. The Family Division of the circuit court was created by state statute in 1996. Family Division judges handle all cases involving divorce, paternity, adoptions, and other matters of family law. This is where you will file for divorce, attend hearings before a judge, and have your final divorce agreement approved.

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 Posted on March 27,2018 in Divorce

The longer you have been married and the more assets you have accumulated, the more complicated it will be to unweave the financial and logistical fabric of your married life. Additionally, once you officially file for divorce, you can quickly find yourself caught up in a tsunami of paperwork, meetings, and emotions. Therefore, it is important to take some preparatory steps before filing for divorce. 

Organize Documentation

1. Make an itemized list of your income sources, assets, debts, and shared service accounts. Include bank/investment/retirement accounts, insurance policies, credit cards, loans, cell phone plans, etc. Also, include account numbers and passwords for online access.
2. Gather copies of important documents such as tax returns and vehicle title and registration papers. 

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 Posted on March 21,2018 in Divorce

If you are a member of a high net worth family and accustomed to a certain standard of living, a divorce can post a significant threat to your assets and lifestyle. To protect your best interests, you should understand the unique risks and challenges you may face in a high asset divorce.

Take the Time and Get the Advice to Do It Right

You may want to get your divorce over with as quickly as possible, so you can move on to the next phase of your life. You may not want to devote a lot of time to the process, as you may run a business that requires most of your attention or have a job that requires a lot of time away from home.

However, you must remember that the decisions made during a divorce settlement have long-term implications, possibly through the end of your life. In a high asset divorce, it literally pays to hire the right experts to ensure an equitable division of assets. 

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 Posted on March 13,2018 in Divorce

Nearly 40 percent of all Michigan babies are born to unmarried parents (figures for 2014–2016). Yet, despite how common it is, the birth of a child to unmarried parents creates some complex legal issues, and misconceptions abound.

For example, a single mother might assume she can establish legal paternity without the father’s agreement, just by filling in a father’s name on the birth certificate. Or, an unmarried father might assume that informally paying some of the child’s expenses is enough to “earn” him the legal rights of a father, such as the right to spend time with the child and share in parenting decisions. However, under Michigan law, both assumptions are incorrect.

Consider three important factors that all unmarried mothers and fathers should know about the Michigan laws that govern paternity, child support, and parenting time.

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 Posted on February 27,2018 in Divorce

Spousal support, also known as alimony, presents some of the toughest questions in a divorce settlement. Should one spouse have to make monthly support payments to the other after the divorce, and if so, in what amount and for how long?

How Alimony is Determined in Michigan

Under Michigan state law, there is no given formula for calculating the amount and term of spousal support payments. Instead, the spouses and their attorneys may either decide this amongst themselves or leave it to a judge to decide.

By law, a Michigan judge may award spousal support when the assets awarded to one spouse in the divorce settlement are “insufficient for the suitable support and maintenance” of that individual and any children in custody. The amount to be paid will be “as the court considers just and reasonable” after considering all the circumstances of the case, including each spouse’s current income and earning potential.

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 Posted on February 20,2018 in Divorce

Is the collaborative divorce process the ideal choice for everyone? As with most “all or nothing” questions, the answer is “no.” The collaborative approach is now considered the best option for many if not most divorcing couples, but not for all.

To determine if a collaborative divorce is right for you, consider the following yay/nay factors.

1. Threatening Behaviors

Has either party ever felt threatened, either physically or verbally, by the other? Are allegations of child abuse or domestic violence likely to arise? If so, it is unlikely that the joint meetings (including both spouses and their respective attorneys, along with financial advisors and other specialists as needed) called for in the collaborative process would be successful. It would likely be better to let attorneys manage the divorce process, keeping the spouses at a safe distance.

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 Posted on February 13,2018 in Divorce

Legal shows on TV usually depict divorcing spouses with their attorneys on opposite sides of a table, fighting over who gets the beach house or the dog, or accusing one another of lying. It always seems to end with one side storming out and declaring “I will see you in court.”

Thankfully, most divorces are not “as seen on TV.” Nonetheless, many divorces are burdened with conflicting values and interests that must be worked through along with the logistical issues of asset division, bill paying, and child care.

What is Different About the Collaborative Divorce Process?

Litigation and even mediation tend to be an adversarial “I win, you lose” processes; however, the newer collaborative divorce process seeks to understand the future interests and goals of all family members and create a “win-win” solution that feels fair and equitable to both sides.

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 Posted on February 06,2018 in Divorce

Did you know that you can get a divorce in Michigan without going through adversarial court proceedings? 

In June 2014, Michigan became the tenth state in the U.S. to adopt the Uniform Collaborative Law Act, which defines basic standards for the practice of collaborative family law. This act paved the way for Michigan judges and attorneys to fully support and practice a collaborative approach to divorce settlements, including asset distribution, alimony and child support payments, and custody/parenting agreements.

The aim of collaborative law is to create outcomes that best serve the needs and values of all parties involved and to do so through a process that is cooperative rather than adversarial. Negotiation, compromise, and creative problem solving are the bywords of the collaborative divorce process.

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 Posted on January 30,2018 in Divorce

Elkouri Heath PLC is proud to announce that our firm has been recognized by Expertise as one of the 20 best law firms assisting divorcing parents with child support in Detroit. Our inclusion in this hand-picked list, which was selected from a group of 215 law firms, is a recognition of the benefits we can provide to our clients as we help them resolve issues related to their children during divorce.

Criteria for Selection

Expertise is an online service that helps people connect with qualified professionals in a wide variety of fields. Their selection of businesses is based on publicly available data, with grading being based on five criteria:

• Reputation - A firm’s history of recommendations from satisfied clients.
• Credibility - A firm’s demonstration that they have established themselves in their field by obtaining licenses and receiving awards.

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 Posted on January 08,2018 in Divorce

After you have made the decision to pursue a divorce, it is not uncommon to feel uneasy about airing your marriage history in open court. To avoid this, many couples find mediation to be a more effective and far less stressful and expensive way to settle the outstanding issues in their divorce. In addition to working with a resourceful family law attorney, it is critical to understand what is necessary to prepare for a mediation session. 

What You Need To Do To Get Ready

Mediation is often considered the low-key route to divorce, the process still has the ability to make people nervous, and this understandable. No matter what you call it, the end result is still the same, and to many, the end of one’s marriage can be nerve-wracking and emotional. Here are a few tips to consider when preparing for mediation sessions:

• Get all your financial files in order. Spend time in advance of mediation making sure you have copies of bank records, statements, receipts, and records of all debts, loans, and assets that hold financial value to both you and your spouse. 

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