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Recent Blog Posts
7 Important Considerations During a Military Divorce
Divorce 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.
Dividing Property and Debt During a Michigan Divorce
Divorce 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.
5 Tips for Successful Co-Parenting After Divorce
The 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.
How to Navigate Ownership of a Family Business During Divorce
Getting 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.
How Mediation Can Save You Money in Your Michigan Divorce
Divorce 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.
Uncovering Hidden Assets and Protecting Your Rights in Michigan
Divorce 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.
When Parents in Recovery Are Interested in Seeking a Parenting Time Modification in Michigan
When 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.
Be Cautious on Social Media Until Your Family Law Case Is Resolved
Millions of American adults log on to various social media platforms daily. These resources serve a host of purposes, including keeping loved ones connected. As a result, you might not think twice about posting information about your family law case online. You may find that doing so is a great way to vent and/or to receive feedback from people whom you trust and respect. However, it is potentially going to be very important that you exercise great caution on social media until your case has been fully resolved.
Your Social Media Activity Could Be Used Against You
In the event that your family law case becomes contentious, your spouse and/or your child’s other parent could use your pictures, posts, and engagement activity to undermine the strength of your case. As you are likely aware, social media activity can easily be misinterpreted and used to misrepresent someone’s circumstances or intentions.
Which Assets Are Worth Fighting for in a Michigan Divorce?
Divorce is a highly personal process. Therefore, it is not surprising that people approach this life transition in unique ways. Some individuals only care about getting a specific child custody order and care little – if at all – about how the rest of their divorce case shakes out. Others are determined to hold on to specific assets. Still others are willing to be flexible as long as their final property division arrangement fairly divides the value of their marital estate.
There is no “right” way to navigate your own divorce process. Whether you are hoping to keep your divorce negotiations amicable or you are willing to dig your heels in to get what you want, only you can truly know what is worth fighting for as that “fight” pertains to your values, priorities, needs, and overall circumstances.
Thoughtful Considerations
The most important thing you can do when preparing to navigate your property division situation – whether your divorce is going to be resolved collaboratively or contentiously – is to craft your process thoughtfully. Otherwise, you will be more likely to make decisions that are driven primarily by emotion, as opposed to those that are driven by a desire to safeguard your future well-being.
Apps That Can Help Make Co-Parenting Arrangements More Manageable
Co-parenting is a unique challenge. It combines all the stress of a business partnership with all of the sensitive realities of family. As a result, it can be truly difficult to co-parent in ways that both honor the best interests of your children and prevent you from wanting to scream into a pillow at regular intervals.
Thankfully, co-parenting in the Digital Age is easier in many ways than it has been traditionally. As a result of numerous electronic resources, co-parents can communicate in effective, meaningful, and consistent ways without having to get on the phone with one another or regularly meet face-to-face. When you are thinking about ways to make your co-parenting situation more manageable, consider integrating some popular apps into your communication approach.
Which Apps Might Work Best for You?
Some apps are specifically designed to facilitate effective co-parent communication. WeParent, FamCal, ParentShip, 2Houses, and OurFamilyWizard were each designed with co-parents in mind. Their various features facilitate single-platform messaging and record keeping, calendar sharing, and a host of other resources that co-parents may find to be uniquely useful when trying to “keep each other in the loop” while avoiding unnecessary interaction and/or tension.
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