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Recent Blog Posts
Divorce for Military Families in Michigan
When one or both spouses serve in the armed forces, divorce can become complicated. You may have complications relating to Michigan’s residency requirements for divorce. Members of the military often move every few years based on where they are ordered to serve. Parents may have special needs when it comes to creating a child custody schedule to account for the likelihood of deployment. A variety of special issues will need to be addressed when one spouse or both spouses are on active duty during their divorce. It is important to be represented by an experienced Novi, MI divorce attorney who has worked with military families before.
Child Custody Issues for Parents Who Serve
In Michigan, the best interests of the child control custody cases. If one spouse moves every few years, the court will want to know how moving so often would affect the child. If the spouse who serves wants to relocate with the child, the court - or the parents, by agreement - will need to determine whether staying primarily with the parent who moves often is best for the child.
Unexpected Emotional Effects of Divorce in Michigan
Elkouri Heath, PLC recognizes the emotional impact divorce can have. You might expect to feel certain emotions, like sadness, anger, or even happiness if the divorce has been expected or desired for a long time. Other feelings can take you - and your children, if you have them - by surprise. It is normal to feel stressed while you are going through a divorce, especially if it is a high-conflict divorce and you may be going to court. It is important to take the time for self-care during and after the process so that you can experience all that being free from an unworkable marriage has to offer. An experienced Novi, MI, divorce lawyer can help you address the legal side of your divorce so that you can focus on your emotional well-being.
Feelings That May Surprise You During Divorce
Some of the surprising feelings people may experience during divorce include:
Financial Restraining Orders in Michigan
You have likely heard the term “restraining order” used to refer to personal protection orders, which can be used to prevent an abuser from being near or contacting the abused party. However, restraining orders can also be applied to financial accounts and property. Some spouses will react to being served with divorce papers by immediately draining any joint or personal accounts that they still have access to before the court can divide marital assets. This can leave the spouse who filed in a very difficult position. This may be done in an effort to “guard” property one spouse believes should belong solely to them, especially if it is in their name, even if the other spouse contributed and may be entitled to a portion of that account. To prevent this from happening, your Novi, MI, divorce lawyer may file a financial restraining order as soon as they file your complaint for divorce.
Managing a High-Conflict Divorce in Michigan
High-conflict divorce can be extremely challenging, especially in cases where there has been spousal abuse or one spouse is not playing fair. Hidden assets, refusal to obey temporary child custody orders, lying on official court documents, and personal protection orders are all very common parts of a high-conflict divorce. In many cases, court intervention will be needed to resolve the case, as mediation becomes impossible or impracticable. This may cause the case to take much longer than most other divorces due to the waiting period between hearings and the time it may take to gather evidence. If your divorce is filled with conflict, it is important to be represented by an experienced divorce lawyer in Northville, MI. Your attorney will likely begin planning for litigation from the start of the case.
Getting a Protection Order
It is common for one spouse to harass, threaten, or even commit violence against the other during a high-conflict divorce. If this happens, you may be able to obtain a protection order. A protection order can remove your spouse from the home and prevent them from continuing to harass or disparage you. Even if you do not need a protection order, it is best to avoid contact with your spouse. All communication should go through your attorneys.
Steps to Adopting Your Step-Child in Michigan
Your step-child already calls you “mom” or “dad,” and you are more of a parent to them than their biological other parent ever was. You would like to make the parent-child relationship official and legally adopt your step-child. In many cases, this can be done using a fairly simple and straightforward legal process. However, if your step-child’s other legal parent is still alive and has parental rights, adopting your step-child may prove far more difficult or, in some cases, impossible. Since a child in Michigan cannot have more than two legal parents, even if three or four adults all function as the child’s parents for all other intents and purposes, the only way to adopt your step-child is to sever the legal parent-child relationship between the parent who is not your spouse and your step-child. An Oakland County, MI, step-parent adoption lawyer can help you determine whether you will be able to adopt your step-child.
Tips for Succeeding in Divorce Mediation
When you are going through a divorce, the idea of working with your soon-to-be ex-spouse may seem crazy. After all, you are probably getting divorced because you are not working well as a team and your relationship has broken down to the point where you cannot reconcile. However, with the help of a mediator and an experienced Novi, MI, divorce lawyer, most spouses can resolve their divorce out of court. There are several styles of mediation you can choose from. Some bring you face-to-face with your spouse, although your attorney would also be present. Other mediation styles do not involve contact with your spouse. As long as both of you are willing to make a genuine effort to reach a fair and reasonable resolution, odds are, you will succeed in divorce mediation.
Keeping Your Divorce Amicable
An amicable divorce can be much less stressful than a contentious divorce. If you and your spouse are not in a state of high conflict but have determined together that you would both be better off ending the marriage, you are likely headed for an amicable divorce. In all likelihood, you can accomplish this type of divorce outside of court with the help of a certified domestic relations mediator or sometimes with just the help of your Novi, MI, divorce attorneys. However, you should be aware that some divorces begin amicably and turn hostile during the process after a disagreement. A friendly divorce can become heated if it turns out that each spouse has different expectations about how the issues should be resolved or if new information that creates conflict is brought to light during the process. You should always be represented by counsel during a divorce, no matter how amicable it may be at the outset.
Top Three Reasons for Gray Divorce
Gray divorce is becoming more and more common. If you are nearing retirement age and are getting divorced, you likely have a few special concerns, such as dividing your retirement funds. While leaving your spouse at this age may feel like a major upheaval in your life, rest assured that many older adults find true happiness - or even fall in love again - after a gray divorce. There are many different reasons people choose to get divorced at this age. Whether this is your first marriage and you were together for decades, or you are ending a shorter-term repeat marriage, you need to be represented by an experienced Oakland County, MI, divorce attorney. Protecting your financial security in retirement is likely to be a very high priority for you, and an attorney can work to ensure that you receive fair treatment when dividing assets.
Divorce with a Disabled Child
Divorce cases that involve children are often complicated. When you and your spouse have a child who is disabled together, it is important to create a parenting time schedule and allocating parental responsibilities in a way that will meet the child’s needs. Many children struggle with their parents’ divorce. Children who have significant disabilities may have difficulty adapting to the change. You and your spouse will likely need to continue working together as co-parents for a very long time, even after your child turns 18 years old. Parents with disabled children are often advised to use mediation to help them develop a parenting plan, as these parents understand their child’s specific needs far better than a judge who does not know the child would. It is important to work with an experienced Northville, MI, divorce and child custody lawyer who can help you create the right co-parenting strategy.
Will My Criminal Record Affect My Custody Case?
Being involved in a child custody dispute is enough to frighten any parent. If you have a criminal record, you might be feeling nervous about whether your history will impact your child custody case. Rest assured that while the court may consider your conviction, merely having a record does not mean that you will lose custody of your child. The nature of your conviction is more important than the existence of a conviction. If you were caught using marijuana before it became legal, or you got a DUI fifteen years ago before you became a parent, it is highly unlikely that your case would have any real effect on your current child custody case. However, if you were convicted of a crime that suggests you may be a danger to your child, the court is more likely to see it as a serious issue. It is critical to be represented by a skilled Novi, MI, child custody lawyer if you have a criminal record.
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