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Recent Blog Posts
Frequently Asked Questions About Adoptions in Michigan
Adoption can be a wonderfully rewarding experience for many people to bring a child into their home and begin providing a loving and caring environment for them to grow up in, but adoption can also be incredibly confusing to navigate. People who are trying to adopt in Michigan will want to be sure they retain legal counsel for help overcoming any and all obstacles that may arise.
Birth parents can work closely with adoptive parents in some cases, but there may be others in which these parties do not meet. Every adoption in Michigan will require certain steps to be followed.
Who Can Legally Adopt in Michigan?
A person who wants to adopt in Michigan must be at least 18 years of age, complete a licensing application, successfully complete all background clearances for themselves and all of their adult household members, provide medical statements for themselves and all of their household members, submit to an environmental inspection, provide three acceptable references, pass on-site visits to their home by a licensing worker, and attend training pertinent to foster care issues.
Can Cheating Be Grounds for Divorce in Michigan?
Although you may justifiably feel wronged by your spouse’s infidelity, you may be surprised to learn that cheating is not grounds for divorce in Michigan. This is not because your spouse did not do anything wrong; rather, this is because Michigan no longer allows “grounds” for divorce and someone can file for divorce without providing reasons at all.
However, infidelity may still have an impact on the outcome of a divorce case. After all, infidelity rarely happens without accompanying bad behavior; spending money inappropriately, neglecting relationship responsibilities, and even endangering children are all behaviors that can come along with cheating. To learn more about how infidelity might affect your divorce, read on.
How Can Alimony Affect a Michigan Divorce Case?
Adultery has the potential to affect a divorce case in several ways. The first is that infidelity may affect the payment of alimony (known as spousal maintenance). Judges can consider the behavior of the spouses towards each other and each spouse’s role in causing the divorce. One of the reasons for this is that infidelity often involves inappropriately spending money on reasons unrelated to the divorce, such as on dates or gifts for a new partner. Spousal maintenance may be used as a way to offset this, although there may also be another way.
What Should I Do if a Guardian ad Litem Has Been Assigned to My Child?
Legal cases involving questions about child custody and welfare have the potential to become very heated. Parents are often concerned that they will lose their right to see their child, and the child in question is often caught between a rock and a hard place as each parent vies for their attention and loyalty. In tense situations like these, it can be difficult for children to understand what is best or to give an honest opinion about their preferences. It can also be difficult for a judge to make decisions because the information coming from both parents is clearly so biased.
To protect children in situations like this, a guardian ad litem may be appointed to investigate and represent a child’s best interests. Finding out that a guardian ad litem (GAL) has been appointed to your case can be intimidating, but there is usually no need to be concerned. If you are doing your best to parent your child and telling the truth to the court, a GAL can confirm that your child’s best interests are being served by your actions.
Can I Still Get Divorced in Michigan if My Spouse is in Jail?
Finding out your spouse is responsible for a crime serious enough to send him or her to jail may be a terrible surprise. Even if you were not surprised by your spouse’s behavior, you may have finally had enough. A jailed spouse may add some complications to the divorce process, but having a spouse behind bars may present the perfect opportunity to end a relationship—especially if the relationship is dangerous or abusive. If your spouse is in jail and you want to end your marriage with a Michigan divorce, read on and then contact a divorce attorney who can help.
Can Imprisoned Spouses Attend Divorce Hearings?
People in Michigan jails and prisons still have certain rights, including the right to appear in legal proceedings in which they are involved. Although you may never want to see your spouse again, it is important to be prepared for the fact that he or she could still appear at court dates.
Do I Have to Divide My Military Benefits in a Divorce?
Michigan couples have to resolve several issues before they can finalize their divorce, and asset division is nearly always one of the most difficult of these issues. Spouses who have been married for many years typically share a diverse asset portfolio that is made up of equity in a marital home, savings accounts, and retirement accounts. When one or both spouses served in the United States Armed Forces, there may be military retirement benefits to divide in addition to other assets.
Regardless of how large or small your marital asset portfolio is, Michigan divorce law requires the marital estate to be divided “fairly.” While fairly usually means each partner gets about half of everything, spouses may agree to other arrangements (such as one partner getting more assets but also more debt). If you are considering a divorce in Michigan and wondering what a fair division of assets could mean for your military retirement benefits, read on.
Can I Get Extra Time With My Child After I Come Back From a Deployment?
Members of the United States Armed Forces face special challenges when it comes to nurturing their relationship with a child. Deployment can require a parent to be gone for long portions of a child’s life, during which a child may change significantly. For divorced military parents, these chunks of missing time can feel like an overwhelming loss.
Fortunately, courts allow military parents some protection when dealing with issues of child custody. If you are going to be deployed and are wondering whether this will affect your relationship with your child, contact a Michigan military child custody attorney for help.
Can a Deployment Be Used Against Me?
Military parents often fear that their involuntary absence from their child’s life might be used against them in custodial proceedings. After all, if a very young child has not spent time with a parent for a year or more, that child’s relationship with the parent could become strained or almost nonexistent.
How Does Military Deployment Affect Divorce Proceedings?
Getting a divorce is never easy, but it can be especially complicated when one or both spouses are active members of the United States Armed Forces. From filing a divorce to modifying a custody order, a spouse’s deployment can have a significant effect on the timing and outcome of the proceedings.
In this blog, we will discuss how a spouse’s military deployment specifically affects the divorce proceedings - how and where divorce can be filed, what happens if a spouse is unable to attend court dates, and more. If you or your spouse are deployed and talking about getting a divorce, make sure you have help from a Michigan divorce attorney.
Where Does a Couple File for Divorce During a Spouse’s Deployment?
For a couple to file for divorce in a particular state, at least one spouse has to have residency in that state. Military members who move around frequently during their service may be unsure of whether they should file in their home state or the state in which they are currently deployed.
Does a Good Lawyer Make a Difference in the Outcome of a Divorce Case?
Studies suggest that having an attorney in a murder case significantly reduces the rate of conviction, the amount of time spent in jail, and the chance of a life sentence conviction. Perhaps in homicide cases, where the stakes are so high and there are questions of evidence, this is not surprising. But what about Michigan divorce cases? Does having a great lawyer matter then? And what if your attorney is not meeting your expectations - should you seek a new attorney or just wait it out, hoping things get better? If you find yourself in this situation, read on.
The Right Lawyer Makes All the Difference
While everyone hopes to find the perfect attorney the first time around, this is not always possible. Most people getting divorced have never gone through the divorce process before and likely do not have experience choosing an attorney, including identifying red flags that could indicate an attorney is not the right fit.
Can We Stop Our Divorce if We Change Our Minds?
Divorce is a complex period for a couple in many ways. Financially, emotionally, and physically, a couple may feel worn down and discouraged before they reach the point of divorce. Making final decisions can be difficult, especially when both spouses feel as though their marriage may still have redeeming qualities. The decision to end a marriage may be so conflicted that some spouses may be determined to pursue a divorce, only to later change their minds. If this sounds familiar to you and you have already filed for divorce in Michigan, you may be wondering whether it is too late to stop the divorce process.
Why Do Couples Change Their Minds During Divorce?
People are complicated. Understanding someone’s motivations and reasoning can seem like a futile task, as a person’s perspective often changes from day to day. Spouses who suffer from mental illness, have a tendency towards compulsive behavior, or are simply indecisive may change their minds many times throughout the divorce process.
Can I Call Outside Witnesses in Our Michigan Divorce?
While some Michigan divorces can be resolved using alternative dispute resolution methods, the nature of others means that spouses are in for a high-conflict journey of collecting, presenting, and disputing evidence that supports each side’s claims. Especially in cases involving financial or custody disputes, gathering evidence can be a significant chunk of the divorce process.
Sometimes, a case will require evidence beyond what spouses can present themselves. When it comes to expert testimony about real estate or hidden assets, witness testimony from neighbors or family members who have witnessed domestic abuse, or any other matter under dispute during a divorce, outside witnesses may be invaluable.
Divorce Discovery Begins Long Before Trial
The process of gathering evidence starts long before a couple appears in a trial before a judge. Sometimes, the evidence is so compelling in favor of one party that the judge will successfully convince the other party to settle before litigating the matter in court. Whether a divorce goes to trial or not, discovery is an essential part of the overall process.
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