Posted on August 29, 2023 in Family Law

Child custody issues can be among the most emotionally challenging and legally complex situations that parents have to work through when getting a divorce. When one parent in a joint custody agreement decides to relocate with the child, the situation becomes more challenging and potentially more contentious. Today, we will highlight the key factors Michigan courts consider when evaluating parental relocation requests. If you have questions or concerns related to your divorce, child custody, or any other family law matter, contact an experienced lawyer to give yourself the best shot at obtaining a favorable custody ruling.

Protecting Parental Rights is Most Important 

For the court to move a child, there must be sufficient reasons as to why the move must take place. Michigan law states that for parents in a joint custody agreement, neither parent may move more than 100 miles without the expressed consent of the other parent or court. In situations further than 100 miles, the court refers to this as a “change of domicile.” In cases where both parents agree to the move, the move may happen. However, if the parent who is not moving does not consent to the move, that is where things get tricky. In such situations, the moving parent may need to petition the court to grant approval for the move.

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 Posted on August 21, 2023 in Divorce

Divorce constitutes a major life event that can leave people feeling overwhelmed, uncertain, and even fearful about what may lie ahead. It is normal to have concerns about the future and how your life will change after your divorce. Suppose you are getting a divorce or are thinking of pursuing one. In that case, there are some common areas where significant transformations can occur. Guidance on how to navigate these changes with confidence is important. 

For legal guidance, consult with a divorce lawyer. Not only are they legal professionals who know what they are talking about, but knowledgeable and highly qualified attorneys likely have experience understanding the psychology behind divorce and how one’s life may change once it is finalized. For these reasons and more, do not go through a divorce without hiring an attorney.

Emotional Rollercoaster

Divorce often triggers a variety of emotional responses, such as sadness, intense anger, or perhaps even relief. Acknowledging and processing these feelings is essential to promote healing, personal growth, and improvement. Seeking support from friends, family, or even a therapist or mental health specialist can help provide a safe space to express emotions and gain valuable perspective during this delicate and emotional time.

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 Posted on August 10, 2023 in Divorce

During divorce proceedings, the equitable distribution of assets is a critical component in ensuring a fair resolution. However, some spouses may attempt to deceive their partners and hide assets to secure a dishonest advantage. Today, we will be discussing where to look to find hidden assets. If you think your soon-to-be ex-spouse may be hiding assets during your Michigan divorce, alert your divorce attorney as soon as possible to ensure these hidden assets can be revealed at once. 

Offshore Accounts and Foreign Investments

One tactic utilized to conceal assets is directing funds to offshore accounts or investments in foreign jurisdictions. These can be in the form of secret bank accounts, shell companies, or foreign real estate. Conducting a thorough investigation into international financial transactions and utilizing the assistance of forensic accountants can help uncover such offshore holdings.

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 Posted on August 03, 2023 in Divorce

Divorce has a funny way of significantly impacting just about every part of your life, including your credit. Of course, many individuals are credit-conscious month-to-month, as maintaining a good credit score can make buying things like a house or a car easier. However, for those getting a divorce, it is crucial to take proactive and aggressive steps to protect your credit during the divorce process in Michigan. Today, we will discuss practical tips and strategies to safeguard your creditworthiness, navigate joint debts, and establish a solid financial foundation for your post-divorce life. Discuss with your divorce attorney how your divorce may affect your credit and seek advice on how to protect it as best you can. 

Know Your Credit Status

Before taking any steps to protect your credit, assessing your current credit situation is 

essential. Obtain copies of your credit reports from the major bureaus and review them for accuracy. Monitoring your credit regularly will help identify any unusual or unauthorized activity during the divorce.

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 Posted on July 31, 2023 in Family Law

There is a good chance what one parent may file for a child support modification at some point while the other is paying. Although a judge may apply child support guidelines, modifications are not simple matters. They can have significant impact on the finances of both parents. Thus, a child support lawyer is recommended for the modification process.

The Numbers Are Not Always How They Appear

Each parent needs to disclose their income, so the judge can calculate the new amount of child support if a modification is warranted. Your income may be challenged, or you may have issues about what the other parent has claimed as their income. There are issues such as how to calculate a parent’s income and claims of voluntary impoverishment. The court may adjust a parent’s income for purposes of calculating child support. 

Child Support Is Not Just the Monthly Payment

The main part of child support is the monthly payment that one parent makes to the other. However, child support also includes other things. For example, one parent may want the other to pay their share when they believe that private school is necessary. In that event, the parent would reopen child support for the judge to consider the disputed matter. The court would weigh all factors in determining whether the parent must pay towards private education and how that payment would be considered in conjunction with child support. 

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 Posted on July 24, 2023 in Divorce

You and your spouse likely had one or more life insurance policies during the course of your marriage. The need for life insurance does not end just because you no longer have a spouse. Divorce should cause you to reconsider your insurance situation and potentially make changes. A divorce attorney with experience in gray divorces can advise you on how life insurance is treated in a divorce. 

Cash Life Insurance May Be Divided

If you had a permanent life insurance policy, it has built up a cash value over time. This cash is akin to equity, and it grows over time based on your investment performance. Even if you terminated the policy, you would still be left with money. The cash value of the policy is considered a marital asset. You may agree to terminate coverage and divide the cash value, after accounting for a surrender policy. 

Term Life Insurance May Have Different Treatment

Term life insurance is treated as separate property, and it is not subject to division. The benefit from term life insurance only comes at some point after the marriage ends. Therefore, each spouse would likely keep their own term life insurance policy after the divorce. There is no equity in a term life insurance policy to divide. 

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 Posted on July 17, 2023 in Divorce

Your financial fortunes could change when you receive an inheritance. If you go through a divorce after you receive the inheritance, you want to ensure that you keep the entire amount. The good news is that Michigan law would largely protect the property you have received, unless you have mixed it with marital property. A divorce attorney could advise you further on how an inheritance is treated in your own specific circumstances. 

The General Rule Is that an Inheritance Is Separate Property

In general, property received by inheritance during a marriage would be considered separate property, and it would not be subject to equitable division under Michigan law. This rule applies, regardless of whether you inherited the property before the marriage or during the marriage. While that is the general rule, there are reasons why an inheritance could be subject to division. For example, if you have commingled the inheritance with marital assets, it could become marital property. If you have deposited the inheritance into a joint account, or you used it to purchase an asset that was jointly titled, your spouse may then be entitled to their share

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 Posted on July 10, 2023 in Divorce

Michigan is an equitable distribution state, meaning that marital assets are divided based on equitable principles. The legal process depends on spouses to make full and fair disclosure of their assets. Some spouses may try to hide assets to keep them for all for themselves after the divorce. A divorce attorney can help you locate hidden assets during the divorce process.

You Can Obtain Financial Information from Your Spouse

In any divorce, contested or uncontested, the two spouses will exchange information about their assets with each other. This can include statements from bank and investment accounts. Each spouse must make full disclosure of their own finances to the other. The settlement that you reach will be based on the disclosures that both of you make. There are serious consequences if one spouse tries to hide assets. Nevertheless, many people try it, thinking that they can get away with it.

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 Posted on June 27, 2023 in Divorce

Spousal support, or alimony, ensures the financial stability of spouses who earn less than their ex-spouse. In Michigan, judges consider several factors when determining this amount. In other words, unlike child support, there is no formula for determining spousal support in the state.

The state does not guarantee that spousal support will be awarded in each divorce case. Some of the factors that judges in Michigan look into when they have to determine spousal support include the following:

Cohabitation

Alimony may not be applicable if the recipient is living with or cohabitating with someone after their divorce.

Fairness

Determining if the spousal support receipt or payment is fair or not. There are no easy answers to this, so most people go for mediation to determine a fair amount.

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 Posted on June 21, 2023 in Divorce

Getting a divorce is not an easy decision, but it can be especially challenging if one or both spouses are active United States Armed Forces members. Deployments can significantly impact the outcome and timing of a divorce case. 

Issues That May Affect a Military Divorce

Michigan is a no-fault state, which means the grounds for divorce will involve an “irretrievable breakdown of the marriage.” These grounds will apply in military divorce cases. In the state, one spouse can file a complaint with the circuit court in their county of residence and serve their spouse with a summons. Both the summons and a copy of the divorce must be personally served to the spouse in order for the court to have jurisdiction over the military member.

In cases where the military member is deployed overseas or in a location other than where the divorce has been initiated, they can sign an affidavit proving they know the summons and court action. This may allow the to be delayed until the spouse returns from wherever they are stationed. The active military spouse can also sign an affidavit allowing the divorce to proceed in their absence, although this is generally not recommended, since it is important for a spouse to play a role in the decisions made about the end of their marriage. 

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