The law in Michigan requires divorcing spouses to disclose real and personal property including any money the party may possess. There are different ways in which you might be required to disclose your assets and your liabilities. You may have to fill out a simple form as required by the Court.
You and your spouse may have to respond to questions posed. This is often referred to interrogatories/ request to produce documents. Interrogatories as a series of questions and may also include a request for you to provide documents. The questions can focus on your financial assets but als
If you are married with no children, the soonest you can get divorced is 60 days after the filing of your complaint for divorce. If you have children under the age of 18 the waiting period is 6 months after the filing of your complaint for divorce except that the Court may waive upon motion by a party that the 6- month waiting period will cause an unusual hardship showing. MCL 552.9f. The hardship factors vary and not all Judges grant the waiver of the 6-month waiting period. An experienced attorney will know once a Judge is assigned whether you will qualify for a waiver of the six months or they can find out by inquiry. It is important to note that some Judges require the filing of a formal motion while others will accept an oral request on the final court date.
In Michigan the Courts do not have hard and fast rules when deciding whether to award spousal support (what most people call alimony). However, there are twelve factors a Judge takes in to consideration when deciding whether alimony should be awarded: (1) the past relations and conduct of the parties, (2) the length of the marriage, (3) the abilities of the parties to work, (4) the source and amount of property awarded to the parties, (5) the parties’ ages, (6) the abilities of the parties to pay alimony, (7) the present situation of the parties, (8) the needs of the parties, (9) the parties’ health, (10) the prior standard of living of the parties and whether either is responsible for the support of others, (11) contribut
You have probably heard that Michigan is a “no fault” State when it comes to Divorce. In general, it means that married couples are free to get a divorce without it being anyone’s fault. It is a good thing because you are not forced to be married to someone you do not want to be married to!
If you are looking for a divorce attorney, you may notice the ads that reference or advertise “un-contested” divorces. These firms may also advertise or quote you very inexpensive retainers and/or fees for your divorce. An un-contested divorce is one where people agree on the terms of what their divorce will look like. This includes things like child custody, parenting time, property settlement including personal property, retirement accounts and the sale
While the COVID-19 pandemic has shocked and taken the world by a very sad storm, there are practical matters which have faced every household. Our office has been inundated by clients seeking information on parenting time issues. For divorced families the forefront issue is that of shared parenting time.
TO BE CLEAR. None of the directives regarding custody and parenting time limit a parent’s already Court ordered parenting time. To the contrary, the March 23, 2020 Executive Order 2020-21 order provides a list of exceptions to the restrictions imposed including addressing specifically addressing compliance with custody and parenting time orders. Section 7(b)(4) states: “As required by law enforcement or a court order, including the trans
Children’s Protective Services is a state-run program and part of Michigan’s Department of Health and Human Services (MDHHS). CPS (short form) is tasked with the difficult job of making sure that children are kept safe and free from harm, while they also have a suitable environment for living and learning. Parents who receive a visit from CPS are placed in a terribly difficult position of having to choose between cooperating with the caseworkers doing their duty and keeping relevant information to themselves out of fear that they will innocently implicate themselves of negligent/inappropriate behavior.
CPS investigations can be complex. How serious the matter is dependent on the allegations they have received. Cases involving serious physical abuse,
If you are a parent(s) of minor child(ren) there is no doubt that the COVID-19 / Coronavirus has you worried about your children. While you are busy providing them with daily care in the form of food and education, I’m sure there are some of you who have thought, what will happen to my children if I get the virus? Every parent should have a safety plan in place for your child(ren) should you become to ill to personally care for them. While Child Protective Services will not want to remove your children because you become hospitalized, if your children are left in the community without proper care and custody (including a legal provision to care for them) CPS could become involved.
In Michigan, a parent(s) or guardian may delegate their parental duties to another person for