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39555 Orchard Hill Place, Suite 215, Novi, MI 48375
Recent Blog Posts
Strategies for Dividing Real Estate in Divorce
From a practical perspective, you cannot divide a house you both own down the middle. Short of putting tape down the center of the living room like a pair of quarreling siblings in a sitcom, there is no way to split the house itself. One or both of you will have to move out unless you determine that it is best for your family to continue living in the same house even after your marriage ends. Our Oakland County, MI divorce attorneys can work with you and your spouse to help you find a way of dividing your interest in the family home in a way that is fair to both of you. We often help clients find creative and effective ways of dividing their real estate property.
Practical Ways to Divide Real Property
A few strategies for dividing your real estate include:
- Sell the house and divide the proceeds - If your house is not yet paid off, this may be the most practical solution. Most families need both parties’ income to manage mortgage payments. Allocating the house to one spouse might put him or her in a difficult financial position. You may both be better off if you sell the property and put the money toward establishing new households.
Divorcing a Mentally Ill Spouse
Getting divorced is emotionally trying under the best circumstances because it represents a major life change. After living with your spouse for many years - happily or otherwise - becoming single again can be a lot to process. When your spouse has a serious mental illness that is not well-controlled, remaining married to him or her can become impossible. You may have a lot of complex emotions surrounding the divorce. You might struggle with feeling like you are abandoning him or her, even if you have tried everything to get your spouse the treatment he or she needs. Sometimes, getting a divorce is necessary to protect yourself and your children. You need an experienced Novi, MI divorce lawyer to help you legally cut ties with a mentally ill spouse.
Tips for Divorce When Your Spouse Has a Serious Mental Illness
The divorce process will likely be more complicated when you are trying to navigate it with someone who is too mentally ill to fully comprehend the proceedings. Some tips that may help include:
Divorce During Pregnancy in Michigan
Pregnant women and expecting fathers have the same right to file for divorce as anyone else. However, in the interest of deciding a child custody plan and dividing your marital property in a single legal action, the court might wait until after your baby is born to finalize your divorce. This is because the court cannot rule on child custody for a child who has not been born. Michigan courts are required to consider the best interests of the child when ordering a child custody plan or approving the plan the parents have made, and a judge cannot claim to understand the best interests of a child who is in utero. An Oakland County, MI divorce lawyer can help you prepare for divorce during your or your spouse’s pregnancy.
Should We Wait Until After Birth to File for Divorce?
You do not need to wait until your child is born to start divorce proceedings, although in some instances you may prefer to. When you are deciding when to file for divorce, consider:
Divorce with Teenage Children
Teenagers can have unpredictable reactions to their parents’ divorce. For some, it comes as a relief. Teens are usually aware of the conflict in their parents’ marriage and may be glad they are parting ways. Other teenagers who are close to their parents might be upset or fearful. Some may become angry at the parent whose fault they think the divorce is, especially if the teen finds out that one parent had an affair or did something else to damage the marital relationship. Parents must also understand that teenage children generally have a say in which parent they want to live with or spend more time with. A Novi, MI divorce and child custody lawyer can help you and your spouse plan to co-parent your teenager.
Tips for Parents Getting Divorced With a Teenager
Teenagers are often more aware of what is happening and the underlying cause of the divorce than younger children would be. Tips for getting divorced when you have a teenage child include:
Why Marital Property and Child Custody Are Often Intertwined
Who keeps which portions of the marital property and how much time each parent spends with the children after divorce are often seen as two completely separate issues. While the methods used to decide on a fair division of marital property and the methods used to decide on a child custody schedule are different, the two are connected in some ways. Parents who choose mediation or collaborative divorce should discuss these issues at the same time and consider how the distribution of marital property will impact their children. An experienced Novi, MI divorce mediation attorney can help parents work together to create a comprehensive divorce agreement.
The Family Home and The Children’s Interests
One of the most important types of marital property to consider while you and your spouse are discussing child custody is the family home. Uprooting your children from the home they are used to during an already tumultuous time may make things even harder on them. It is often better for the parent who will have more time with the children to stay in the family home if this is financially feasible for the divorcing couple. This is especially true if one parent moves out of the area, forcing the children to change schools, find new sports teams to play on, or disengage from other community activities that are important to them.
Child Custody and Home Stability
Children benefit from stability. A routine schedule, stable and trusting relationships with the most important people in their lives, and a largely permanent home environment can all make a child feel safe and secure. Children who enjoy stability and predictability in their day-to-day lives, even after their parents get divorced, are less likely to “act out” or get into trouble. These children are better able to focus on school and extracurricular activities and may feel more emotionally secure. Two of the factors Michigan uses to determine what child custody arrangement would be best for the child consider the stability of each parent’s home environment and family unit. A Northville, MI child custody attorney can help you determine how these factors might apply to your household.
Divorce Tips for Grandparents
Finding grounds for divorce during the grandparenting stage of life is known as “gray divorce.” It is increasingly normal for older adults to choose to end their marriages. While there are a lot of resources for parents who will need to help their minor children cope with the divorce, there is less guidance available for older adults who will need to tell their grown children and grandchildren that they are divorcing. Many grandparents enjoy spending holidays and special occasions, like grandchild birthdays, with their extended families. You will need to develop a new strategy for planning larger family events like reunions. A Novi, MI divorce lawyer can help you and your spouse strategize for handling future family events.
Tips for Managing the Family Dynamic After Gray Divorce
Your divorce may come as a surprise to your adult children and grandchildren. Some tips for maintaining strong family relationships after gray divorce include:
Is it True That Mothers Are Favored in Child Custody Cases?
Statistically, when a child’s mother and father divorce or break up, the mother is somewhat more likely to get primary custody. However, Michigan’s child custody laws are written in a gender-neutral way so that both parents are to be treated equally. The way the statute is drafted also accounts for same-sex parents who are going through a child custody dispute. Legally, there is to be no gender-based bias in child custody decisions. So why do fathers often receive less parenting time? The reasons why mothers often receive more parenting time are complex. The factors Michigan courts use to determine what custody arrangement is in the best interests of the child tend to favor the child’s primary caregiver - who is often the mother. A Novi, MI child custody lawyer can help you understand your rights as a father and fight to prevent an unfair arrangement.
Parental Decision-Making After Divorce
Making important decisions about your child’s upbringing is an important part of child custody in Michigan. While parents going through divorce are often focused on parenting time, it is also important to address which parent will have the right to make certain decisions about how the child should be raised and cared for. In most cases, parents who share parenting time will have joint legal custody as well, meaning that they are both responsible for parental decision-making. It is common for parents who get divorced to have disagreements about what their children should or should not be allowed to do, how they should be educated, and whether they should participate in religious life. Parents must address how these decisions will be made after their divorce is finalized. A Novi, MI divorce attorney can help you and your spouse plan for cooperative parental decision-making going forward.
What to Know About Remarriage After Divorce in Michigan
Divorce can happen to anyone. Contrary to popular belief, many second marriages are long and successful. People often choose to get remarried after meeting a person who is better for them and unlikely to make the same mistakes their first spouse did. Getting married again can be a joyous occasion for those who had a terrible first marriage. However, there are certain impacts getting remarried might have on the terms of your divorce and your child custody arrangement. If you have become engaged again after a divorce, it is important to speak with an experienced Northville, MI divorce and modifications attorney so that you can take any legal steps necessary to protect yourself.
How a New Spouse Can Impact an Existing Child Custody Arrangement
Your former spouse may not be happy that your child will have a new step-parent. In most cases, there is little or nothing your former spouse can do about it. However, in some situations, your ex may claim that he or she is entitled to a modification in your child custody arrangement due to a change in circumstances. This is likely to be a concern only if your new spouse has a serious criminal history, a demonstrable drug or alcohol problem, or a major mental illness or if there is an accusation of child abuse made against him or her. If any of these factors suggests that your new spouse might be unsafe for your children to be around, your ex could pursue a modification.
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