Divorce

There are currently 9 blog entries related to this category.

Michigan Divorce Courts Must Impute Income to Men as well as Women

Friday, May 18th, 2012 at 3:35pm. 0 Views, 0 Comments.

Each parent in a Michigan divorce has a duty to support his or her dependent child through child support and directmichigan_divorce_child_support_539 care.  When child support in Michigan is established, it is based on the needs of the child and the ability of the parents to support the children in questions.  That ability to contribute financially depends on several factors including their willingness to take employment and stay gainfully employed.

In general, courts in Michigan have shown very little tolerance for parents who willfully neglect to support their children – fully expecting each parent to be gainfully employed on a full-time basis in order to generate income enough to sustain the family and financially support the children.

In virtually every case,…

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Who Pays Attorney and Legal Fees in a Michigan Divorce?

Friday, May 4th, 2012 at 1:08pm. 6 Views, 0 Comments.

michigan_divorce_legal_fees_271Michigan works on the American Rule where each party pays their own legal fees and costs, as opposed to The English Rule that is based on the concept of “Loser Pays”.  The purpose of the American Rule in Michigan divorce is favor low-income litigants who have a strong desire to bring their Michigan divorce case to court without forfeiting everything if they were to lose.

Now, while Michigan divorce is based on the idea that parties pay their own legal fees, there are exceptions.

One of the biggest exceptions is in Michigan divorce law and family law, where the state grants the judge a large amount of discretion in ordering reasonable attorneys’ fees.  Division in Michigan divorce is often referred to as equitable and strives…

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How is Property Divided in a Divorce in Michigan

Saturday, April 28th, 2012 at 2:43pm. 10 Views, 0 Comments.

Equitable Division of Property in a Michigan Divorce

The concept of equitable property division in a Michigan divorce should be straight forward.  By definition, “equitable”michigan_divorce_property_division_366 means “fair and impartial” division of the property.  The issue from the word GO is that what one party sees as fair and impartial may not be the same.  Because of this, the courts have some rules of thumb in how property is divided in Michigan divorce cases.

More in fact that we could fit into a single blog post.  Resources on Michigan divorce property division can be exhaustive, and what may occur in your case for property division could be entirely different for others.

Above all else, it’s important to remember that because a divorce in Oakland county…

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How Long Does It Take To Get Divorced In Michigan?

Tuesday, June 21st, 2011 at 1:30pm. 375 Views, 0 Comments.

Divorced in Michigan...How Long Does It Take?

oakland-county-mi-divorce-attorneyWhen 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…

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Social Security Benefits of Your Spouse In Michigan Divorce

Friday, January 14th, 2011 at 9:42am. 831 Views, 0 Comments.

social-security-michigan-divorceSocial 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…

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Prenuptial Agreements In Michigan Still Enforceable?

Thursday, December 9th, 2010 at 12:57pm. 278 Views, 0 Comments.

prenuptial-agreement-michigan-divorcePrenuptial 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…

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Annulment or Divorce...Which Option Is Best For You?

Wednesday, September 1st, 2010 at 1:39pm. 525 Views, 0 Comments.

michigan-annulment-lawsMichigan 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…

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Emotionally Surviving A Divorce In Michigan

Saturday, January 16th, 2010 at 12:55pm. 891 Views, 0 Comments.

oakland-county-divorce-attorneyThere 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?…

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First 3 Steps In Preparing For A Divorce In Michigan

Sunday, December 20th, 2009 at 2:26am. 1301 Views, 0 Comments.

3 Tips To Prepare For A Divorce

  • Before you file for a divorce in Michigan or let your spouse know about your intentions, it would be wise to use joint funds to repair your automobile and home, buy clothes for yourself and your children, and get needed dental work and medical checkups. If you wait until after separation, some of these expenses may be yours alone.
  • Depending on how you and your spouse arrange your finances it is critical that you put some money aside to hire an experienced Michigan divorce attorney who specializes in this area of the law. A lot of times a spouse doesn’t want the other spouse to know they are filing for divorce, so if this is the case you need to have some cash on the side. If you use a credit card or check it will likely…
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