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Recent Blog Posts

Michigan is a No-Fault Divorce State - What Does That Mean for Divorcing Couples?

 Posted on June 02, 2023 in Divorce

novi divorce lawyerGoing through a divorce can be emotionally challenging and legally complex. In Michigan, couples will pursue a no-fault divorce, meaning the spouses will not need to assign fault for the marital breakdown. If you are getting divorced, you will not be required to list adultery, abuse, or other fault-based reasons on the divorce petition to be granted a divorce. However, fault can still affect the outcome of a Michigan divorce case. 

What is a No-Fault Divorce?

In Michigan, a no-fault divorce is based on the concept that the marriage has irretrievably broken down, and there is no reasonable likelihood of reconciliation. To initiate a no-fault divorce in Michigan, one spouse will file a Complaint for Divorce with the appropriate county court. The complaint outlines the reasons for seeking divorce and may include requests for child custody, support, and property division.To file for divorce in Michigan, at least one spouse must have resided in the state for a minimum of 180 days before filing. Additionally, the divorce must be filed in the county where either spouse currently resides or where the couple last resided together.

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Understanding Spousal Support After a Michigan Divorce

 Posted on May 30, 2023 in Divorce

Novi Divorce LawyerAlimony, or spousal support, is awarded by Michigan courts to a spouse after a divorce. Each state has its own laws, and the court can be flexible in its judgment based on the circumstances surrounding a case. This includes determining if awarding support is appropriate, how much alimony should be awarded, and how long the payments will last.

Factors Considered When Determining Alimony

During a divorce, it is common for a judge to decide if a spouse qualifies for alimony and how much they should receive. When a spouse requests alimony, a judge may base their decision on the following factors:

  1. The career and education of each party during the marriage: It is important to consider if each spouse has the resources to support themselves after the divorce, including their employment status.

  2. Ability to work: In most cases, a judge may award alimony to the spouse who cannot work or is unlikely to find employment. 

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Michigan Divorce FAQs for Stressed Clients

 Posted on May 24, 2023 in Divorce

Novi Divorce LawyerDid you know Michigan was the first state to adopt a no-fault divorce system? This means that fault is not taken into consideration during divorce proceedings. This is just one fact out of many that people who wish to end their marriage must know before they file for divorce. Here are some frequently asked questions regarding divorce in Michigan and their answers:

Does Michigan Have a Residency Requirement for Divorce Filings?

You and your spouse must have lived in the state for at least six months before you file for divorce. Additionally, you must live in the county you are filing for at least 10 days before submitting the required paperwork.

Can Infidelity be Used as Grounds For Divorce?

Michigan is a no-fault state. This means neither party has to prove wrongdoing to dissolve a marriage. However, you can file for divorce, citing irreconcilable differences by stating the marriage is irreparably broken. A judge may consider fault when determining spousal support obligations.

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7 Important Considerations During a Military Divorce

 Posted on May 12, 2023 in Divorce

Novi Military Divorce AttorneyDivorce can be complicated, but a military divorce comes with additional complexities that must be carefully considered. If you or your spouse are in the military and considering a divorce, it is important to understand the unique challenges and legal considerations that come with it.

In this blog, we will discuss some important facts that you should know about a military divorce in Michigan. 

Here is everything you need to know:

Residency Requirements

In Michigan, either you or your spouse must be a resident of the state for at least 180 days before filing for divorce. The residency requirement can be waived if you or your spouse are on active duty and stationed outside of Michigan.

Division of Military Retirement Benefits

Military retirement benefits are considered marital property and are subject to division during divorce. Michigan is an equitable distribution state, meaning the marital property is divided fairly, but not necessarily equally, between spouses. In order to divide military retirement benefits, a court order called a "Qualified Domestic Relations Order" (QDRO) is necessary.

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Dividing Property and Debt During a Michigan Divorce

 Posted on May 03, 2023 in Divorce

Novi Family Law AttorneyDivorce is a difficult process that can be emotionally and financially draining. One of the most challenging aspects of divorce is property and debt division. Dividing property and debt during a divorce can be complicated, especially when spouses have significant assets or debts.

It is important to have a thorough understanding of Michigan divorce laws and work with an experienced divorce attorney to ensure a fair distribution of property and debt. This blog will discuss some important considerations and steps for dividing property and debt during a Michigan divorce.

What Is Considered Marital Property and Debt?

Marital property and debt are assets and liabilities acquired during the marriage, regardless of which spouse earned the income or whose name is on the title or account. Examples of marital property and debt may include marital homes, vehicles, bank accounts, credit card debts, and mortgages.

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5 Tips for Successful Co-Parenting After Divorce

 Posted on April 28, 2023 in Divorce

Novi Co-Parenting LawyersThe process of divorce can be difficult for everyone involved. Spouses will need to address many different concerns, and in addition to resolving legal issues, they will need to separate their finances and determine new living arrangements. At the same time, children can struggle to adjust to the changes in their lives after their parents split. To ensure that children's needs will be met after a divorce, parents will need to try to put their differences aside as much as possible and prioritize the best interests of their children.

Co-parenting is not always easy, but with dedication, cooperation, and positive communication, it is possible to raise happy and healthy children after a divorce. If you are in this situation, the following tips may help you work together with your ex to effectively co-parent your children:

Keep the Communication Lines Open

Effective communication is key to a successful co-parenting arrangement. It is essential to keep each other informed of your children's needs, their daily activities, and updates on changes in their lives. You can make an effort to discuss things related to your children's education, health, and extracurricular activities while working together to make decisions on important matters. Good communication will help prevent misunderstandings and conflicts, and it can ensure that your children will feel loved and supported by both parents.

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How to Navigate Ownership of a Family Business During Divorce

 Posted on April 20, 2023 in Divorce

Novi Divorce AttorneyGetting a divorce can be challenging for anyone. Separating from your spouse will involve many different financial considerations, as well as practical concerns about living arrangements and ownership of property. These issues can become even more complicated if you are a business owner. When you, your spouse, or other parties have built a family business together, determining how to protect the business as you divide your marital assets can be difficult. By understanding your options and working with an attorney to negotiate agreements, you can find solutions that will protect your financial interests and allow for ongoing success after your divorce is complete.

What Happens if One Spouse Wants to Maintain Sole Ownership of a Business?

A spouse who has been the primary manager of a family business may wish to continue owning and operating the business after getting divorced. However, if the business was founded or acquired during the marriage, the other spouse will be entitled to a fair share of the business’s value. In these cases, it is important to have the business valuation performed by a professional who can provide an objective assessment of the business’s worth. Once the value is established, you and your spouse can work with your attorneys to negotiate a fair settlement that will allow one spouse to own the business, while the other spouse receives other marital assets of an equivalent value.

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How Mediation Can Save You Money in Your Michigan Divorce

 Posted on April 14, 2023 in Divorce

Oakland County Divorce AttorneyDivorce can be expensive and stressful, but mediation can offer a cost-effective solution for couples seeking to dissolve their marriage. In Michigan, mediation can save money and help you reach a fair and equitable outcome without breaking the bank. Here is how:

Understanding Mediation in Michigan

Mediation is a fantastic option for couples looking to resolve issues such as child custody, property division, and spousal support amicably without litigation. By facilitating open communication between both parties by a neutral third party (the mediator), any agreement can be mutually agreed upon without making decisions for the other. This process often leads to better outcomes than traditional divorce proceedings, enabling couples to divide their assets with mutual understanding instead of hostility.

Cost Savings of Mediation in Michigan

Divorcing couples can save significant money by opting for mediation rather than traditional litigation. Instead of bearing the weight of two separate legal fees, court costs, and other expenses, they only need to cover their mediator’s price, which is usually split between both parties. Mediation typically takes far less time than regular divorce proceedings saving even higher costs.

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Uncovering Hidden Assets and Protecting Your Rights in Michigan

 Posted on April 10, 2023 in Divorce

Farmington Hills Divorce LawyerDivorce proceedings can be complex, and the division of assets is often a contentious issue. In Michigan, the law requires an equitable distribution of marital property, which means the assets must be divided fairly but not necessarily equally. Unfortunately, some spouses try to hide assets to avoid sharing them. In this blog post, we will discuss how to uncover hidden assets in a Michigan divorce and how you can protect your rights throughout the process.

Understanding Michigan’s Equitable Distribution Laws

Under Michigan’s equitable distribution laws, the court will divide marital property as it deems fair and just. Marital property includes all assets and debts acquired during the marriage, such as real estate, vehicles, retirement accounts, and debt. Separate property, which is acquired before the marriage or through inheritance or gifts, is usually not subject to division. Keep in mind that while this state is typically considered an equitable distribution state, there are some cases where the judge will decide one party gets more than the other. This scenario usually occurs when one partner may be more at fault than the other, so they would receive fewer assets. 

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When Parents in Recovery Are Interested in Seeking a Parenting Time Modification in Michigan

 Posted on March 30, 2023 in Family Law

Novi Family Law AttorneyWhen a child’s parents decide to end their marriage or nonmarital romantic relationship in Michigan, the courts insist upon formalizing a child custody order. Co-parents are also generally required to construct and adhere to a parenting plan that will govern their shared parenting arrangements.

Although most parents who choose to remain active in their kids’ lives opt for a joint custody arrangement, some families benefit from a joint legal/sole physical or a sole custody order. If a non-custodial parent wishes to remain bonded with their child under these circumstances, they may be granted unsupervised or supervised parenting time, depending on whatever arrangement has been deemed in service of a child’s best interests.

Regardless of how a child’s custody order and parenting plan are structured, one or both of these legally-enforceable orders can be modified under certain circumstances.

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