Michigan Divorce Attorney Blog 
How Long Does It Take To Get Divorced In Michigan?
Tuesday, June 21st, 2011 at 1:30pm. 214 Views, 0 Comments.
Divorced in Michigan...How Long Does It Take?
When beginning the process of a divorce in Michigan, the timeline for your case will depend on whether or not there were children born during the marriage. From the date of filing in the courthouse, a divorce case where there are no minor children involved requires a mandatory waiting period of at least sixty days before it can be finalized. A divorce case where there are minor children involved requires a mandatory waiting period of at least six months. However, both types of divorce cases may take much longer than the minimum waiting periods depending on how many issues there are and how involved those issues are based on the unique set of facts of your particular case.
Different counties, different…
Social Security Benefits of Your Spouse In Michigan Divorce
Friday, January 14th, 2011 at 9:42am. 304 Views, 0 Comments.
Social Security Benefits In A Michigan Divorce
Getting a Divorce? Been Divorced? Thinking about a Divorce? Just the Right Timing May Entitle You to the Social Security Benefits of Your Spouse
If you’ve been thinking about filing for a divorce, it is important to know that your timing could be very important. Sometimes just a day or two could make a huge difference in the benefits that you are entitled to as a result of your marriage.
A divorced spouse of a worker who is covered by Social Security may be entitled to benefits of his or her own based on the work history of the insured spouse. Social Security benefits are part of a federal retirement program. As such, the state court which handles your divorce proceeding will not have the authority to…
Prenuptial Agreements In Michigan Still Enforceable?
Thursday, December 9th, 2010 at 12:57pm. 219 Views, 0 Comments.
Prenuptial agreements are valid and enforceable under current Michigan law. However, this hasn’t always been the case. Traditionally, the courts viewed such agreements as contracts that were being made in contemplation of divorce. The courts believed that such an agreement was essentially encouraging the divorce and separation of married couples and that such a concept was against public policy and unenforceable at law. Today’s courts recognize that our society has evolved over the years and that prenuptial agreements might actually promote the institution of marriage in circumstances where people might not otherwise enter into the risk that comes inherent with marriage without the capability to safeguard their personal assets. As a result of this…
Annulment or Divorce...Which Option Is Best For You?
Wednesday, September 1st, 2010 at 1:39pm. 438 Views, 0 Comments.
Michigan Annulment Laws
Like a divorce, an annulment is a court procedure that dissolves a marriage. But, unlike a divorce, an annulment treats the marriage as though it never happened. For some people, divorce carries a stigma, and they would prefer to have their marriage annulled. Others prefer an annulment because it may be easier to remarry in their church if they go through an annulment rather than a divorce.
Annulment in Michigan is rare; this is because people prefer divorce over annulment because it has a relatively less complicated procedure. Annulment is a legal decree declaring a marriage void. After annulment both the spouses can remarry.
A person petitioning for annulment must prove a valid ground recongnized by Michigan annulment…
Michigan Alimony Seven Tax Deduction Rules
Monday, June 21st, 2010 at 3:20pm. 1766 Views, 0 Comments.
Under certain circumstances the IRS allows a deduction for the payment of alimony. The deduction is granted, in part, because the recipient is taxed on alimony. The two spouses or former spouses end up paying less in taxes because alimony is deductible. The parties are shifting income from a higher to a lower tax bracket by transferring alimony from the higher income spouse to the lower income spouse. The high earner saves money that would otherwise be paid to the IRS. The recipient usually benefits because the payor is more generous because of the tax savings.
For example, if the higher earner makes $200,000 a year and pays the other spouse $80,000 a year, the higher earner is actually taxed on $120,000, not $200,000. The recipient might pay taxes of…
Who's Your Daddy?
Sunday, February 7th, 2010 at 7:34pm. 1666 Views, 1 Comments.
If a father refuses to voluntarily acknowledge their parentage, then one may file a Michigan Paternity suit. In such a suit, the mother has the burden of proof by a preponderance of evidence. The questions posed to the court is whether or not the putative father is the father to the child.
According to Michigan Law, paternity can be established either under the Paternity Act (MCLA 722.711) or the Child Custody Act. Under these acts, a person may sign an affidavit of parentage that, if signed, gives a child born out of wedlock the same status as a legitimate child.
In other words, an acknowledgment of parentage is a voluntary process where a father recognizes that he is the biological father. However, this does not establish a court-recognized…
Getting Custody of Your Children After You Leave Them Behind
Sunday, January 17th, 2010 at 2:37pm. 566 Views, 0 Comments.
If you want to fight for custody of your children at a later date it
would be in your best interest to never leave them behind with your ex.
Simply put, the court will see this as you running out on the situation
and the children being better off with the parent who stayed. This may
not always be a fair assessment, but most of the time it is the way
that things will work out in your child custody case.
What if I have to leave to avoid a dangerous…
Emotionally Surviving A Divorce In Michigan
Saturday, January 16th, 2010 at 12:55pm. 761 Views, 0 Comments.
There is more to a divorce than filing some paperwork. When it comes down to it, you must emotionally survive this turbulent time as well. Are you going to be strong enough to make it through this process in one piece? Although you may think that the answer is no, in the long run you will be just fine. That being said, there are some steps that you can take in order to ensure that you make your way through this process without becoming emotionally distraught...
Divorce is tough. This holds true for you, your ex, and your children (if you have any). The way that you deal with this situation will go a long way in determining the end result. Are you willing to open up to others so that you can let out some steam? Will you see a counselor if necessary?…
First 3 Steps In Preparing For A Divorce In Michigan
Sunday, December 20th, 2009 at 2:26am. 1207 Views, 0 Comments.