Michigan Divorce Attorney Blog

The holidays are stressful enough without adding the extra worry of having to coordinate parenting time with a soon-to-be ex-spouse. Unfortunately, this is a reality that many couples going through a divorce face. Of course, all parents want to spend every second of every holiday with their little ones; however, when couples split up they do not just divide property, they must also divide time with their children.

 

Yet coming to an agreement with regard to who gets the children and when does not have to be an emotionally and mentally exhausting process. There are several ways to divide the holidays. For example, some parents alternate holidays every year with Mom having parenting time with the children from the time they get off of school until the

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divorce-split-debt_505_022413071329_505You probably own property with your spouse. You may own a house, boat, cars, furniture, and other property. If you own any of these things with your spouse, you and your spouse have marital property and joint debts. You may have a mortgage, car loans, credit card debt and personal loans as joint debts. Debt that you and spouse are responsible for is called marital debt.

What is Marital Property?

The property that you acquire during the marriage is called marital property. The name on someone's title is totally irrelevant in a marriage because of Michigan's marital property laws. Marital property does get divided in a divorce but there is no standard formula for dividing the property. The division of property is based on the

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domestic-violence_315Michigan judges, law enforcement officers, prosecutors, advocates, and criminal justice officials are all trained to handle domestic violence. There are many excellent family violence laws on the books as well. Michigan should be a very safe place for women; yet, a lot women continue to die from domestic violence, which is why it is important to leave your abuser and start divorce proceedings as soon as possible.

You should know that domestic violence is a pattern of learned behavior in which one person uses physical, sexual, and emotional abuse to control another person. Domestic violence is not only a family matter but it is a crime. There are many victims in the Wayne County, Oakland County, and Macomb County areas. 

If you are

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divorcecounseling_500A divorce can make you completely stressed. It is probably the number one stressor in America. Even when people know that a divorce is inevitable, it still takes its toll on a person. The normal human response is to resist change. Divorce brings about a change in your life that is similar to a death.

Divorce is really hard on people because you must once again establish who you are as an individual after identifying as a couple for so long. The loss can be devastating. You are forced into change once a divorce is filed with the courts. Everyone experiences divorce differently, and some people don't handle the challenge well. Many people try to hold onto the relationship for dear life. They just can't let go. The idea of being alone

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disneycharaters_475Summer will be in full swing soon. We can look forward to ice cream days, pool parties, trips to the shore, and trips to Disney World. For most parents, summertime can be the best time of the year or the worst time of the year depending on your custody order.

Many people want to know if they can take their kids on vacation with a custody order in place. This is a convoluted, controversial issue for most parents. One case scenario is the father having physical custody of the kids in the summer, and he wants to take the kids on vacation. A second case scenario is if the father had physical custody of the kids in the summer, and the mother wanted to take the kids on a summer vacation. 

First Case Scenario

In the first case scenario,

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facebookdivorce_525_01Did you know that 81 percent of the members of the American Academy of Matrimonial Lawyers have used or encountered evidence taken from social media websites? Recent studies have shown that an eye-opening 1 in 5 U.S. marriages have ended in divorce, at least partially, because of Facebook. In fact, all of the social networks have provided attorneys with evidence in divorce cases.  

The legal consequences of putting our private lives online are emerging in divorce cases all over America. Although it is true that Facebook is not the root cause of these divorces, the content contained on an individual's Facebook page is being used as evidence in child custody and property disputes. People like to post status updates and photographs of

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64886-425x282-legal_separation_425A lot of people want to know the difference between a legal separation and a divorce. In Michigan, a legal separation allows spouses to go through the divorce process while staying married to one another. Essentially, a legal separation does not end the marriage. Though rights and obligations of each side are clarified under a court's separation order, the marriage still legally exists. For this reason, people who are legally married cannot marry a new spouse legally.

In Michigan, a legal separation is called separate maintenance. The process for a separate maintenance action is similar to a divorce action in that the couple must decide on how they are going to distribute their assets, share their debt, determine child support and

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prenuptial-agreement-texas-premarital_425When someone asks you to get a prenuptial agreement, please do not get offended. While it is true that prenuptial agreements aren't romantic, it is also true that prenuptial agreements are smart financial planners for any couple. Whether or not to enter into a prenuptial agreement is a very personal decision. If you are thinking about walking down the aisle, you should probably review the pros and cons to decide if a prenuptial agreement is right for you.

Some of the benefits of having an attorney draw up a prenuptial agreement for you include documenting each spouse's separate property in order to protect it as separate property, supporting your estate plan and avoiding court involvement to decide property distribution, distinguishing

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division-marriage-assets_366Spouses often fight over property once a divorce action is filed. When a divorce action is filed, spouses are left with the daunting task of splitting up property and proceeds that were acquired during the marriage. Spouses fight over tangible property such as homes, cars, furniture, jewelry, paintings, and checking and savings accounts. They also fight over intangible property such as stocks, bonds, and future retirement benefits. Michigan courts decide what is a fair or equitable distribution of property in a divorce proceeding.

In general, Michigan courts can divide marital property between the spouses in a divorce, but they don't have the authority to divide separate property of either spouse. Marital property includes any property or

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child-custody_297Custody cases are very emotional for parents. When you're getting divorced, your decision about how to handle the custody of your minor children can consume every ounce of your patience and resolve. With the stakes so high, courts have struggled to find a custody formula that satisfies parents while simultaneously looking our for the children involved. Every custody arrangement requires you to make two basic, interrelated decisions: how you and your spouse will share the legal custody and physical custody of your children.

Physical Custody

Physical custody is one of the most commonly known types of child custody. If a parent has been granted physical custody of a child by a court or other ruling body, this means that the parent has the right to

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