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Oakland County divorce attorney parental relocation

No matter how smoothly you and your spouse feel your divorce may be panning out, it is only natural to experience some bumps in the road somewhere along the separation journey. Even the most civil, peaceful partings can stir up feelings of hurt, anger, disappointment, and resentment. This is especially true for the children in the family, who may understandably feel confused or threatened by the sudden changes in the household. 

Studies show that children of all ages tend to struggle with changes in routine, and they typically do best emotionally and mentally when they know what to expect on a day-to-day basis. Young adults in particular struggle with the transition, but even younger children can experience significant anxiety when their parents’ marriage ends. 

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Farmington Hills divorce attorney parenting time

Regardless of opinions on the matter, the law in Michigan states that substance abuse issues are not enough, in and of themselves, to disqualify a parent from retaining the rights to their children. It generally takes a showing of substance abuse and demonstrable consequences stemming from the problem in order to bring up questions of terminating parental rights. 

Parental Rights During a Divorce

As with any case where parental fitness is at issue, a Michigan court will determine the child’s future based on the consideration of a list of factors intended to pinpoint the best interests of the child. Parental fitness is only one of those factors, though it is an important one. If someone has a substance abuse issue but is seeking help with it, or if someone is mentally ill and in treatment, that is different in many respects from someone who denies the issue altogether. 

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Farmington Hills divorce attorney asset division

When a couple is getting divorced, property division is often the most contentious and time-consuming aspect of the process. It can feel insurmountable to have to divide every asset you and your soon-to-be ex-spouse have between you. However, there is one other thing that must be divided upon the occasion of divorce: the debt that both of you hold. Both must be divided equitably in Michigan.

Dividing Assets

There are several factors that a Michigan judge will consider when determining how assets are divided, but equity is the prevailing focus. Many people confuse equity and equality; equity is a legal term meaning fairness in all respects, while equality is more of a colloquial concept. A judge will weigh a list of factors and determine the fairness of the proposed distribution. Some of these factors include:

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Oakland County military divorce attorney

Serving in the military comes with obvious risks, but not everyone thinks about the risks their relationships may face. The unfortunate truth is that being an enlisted service member or an officer means your chances of getting divorced are much higher than those associated with a marriage between two civilians.

Factors that can lead to a ruined relationship include the extremely high stress of certain military jobs, being away for months at a time, and having to put your service before your family again and again. Service members who have experienced trauma while deployed or during training have an even higher divorce rate, with post-traumatic stress disorder (PTSD), depression, anxiety, sleeplessness, and an inability to assimilate back into civilian life being common contributors to divorce

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Farmington Hills alimony attorney

When a couple divorces, one spouse may be at a significant financial disadvantage. For example, if a stay-at-home parent has not worked outside of the home in many years, he or she may have difficulty acquiring employment and becoming financially independent after the split. In some divorce cases, the higher-earning spouse is obligated to make payments to the lesser-earning spouse for a period of time. These payments are commonly referred to as alimony, spousal support, or spousal maintenance. Although wives have traditionally been the recipients of spousal support, both men and women may be entitled to this kind of monetary support depending on the circumstances.

Michigan Spousal Support

If you are considering divorce, you may be wondering whether you will be ordered to pay spousal maintenance. The answer depends on a number of factors. If you and your spouse had previously signed a valid prenuptial agreement that dictates your spousal support obligations, you will be expected to comply with the terms of that agreement. Michigan courts make decisions regarding alimony on a case-by-case basis. When determining whether spousal support is appropriate, the court will consider aspects such as:

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Oakland County child support attorney

Studies show that children thrive when they have a relationship with both of their parents. In addition to emotional support, kids deserve to receive financial support from both of their parents, including when parents are divorced or unmarried. If you are a parent in Michigan who is considering divorce, you may be wondering how child support determinations will be made. Which parent pays child support? How much will my monthly child support payment be? When does child support end? Read on to learn the answers to these questions and find out how you can get help with child support questions or disputes in Michigan.

Understanding Michigan Child Support 

The Michigan Child Support Formula is used to determine which parent will pay child support and the amount of support payments. The factors considered in child support calculations include:

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Oakland County divorce asset division attorney

The divorce process can be a tumultuous time for any person. Separating from a spouse to whom you were once happily married is never easy. In any divorce, there are a variety of complicated matters that will need to be resolved. Most notably, a person’s financial situation can drastically change post-divorce. In order to ensure that your divorce does not compromise your future financial security, it is important to know how to protect yourself. Below we will discuss a few simple steps you can take to ensure a level of financial security after your divorce is finalized. 

Preparation Is Essential for Financial Security

When you are separating from your spouse, it can be difficult to think about money. The reality of the situation, however, is that you need to be thinking about what your financial future will look like once the divorce is finalized. Some steps you can take include:

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Novi MI divorce lawyerMany people who get divorced are very much used to being married. They are used to having a partner to share their life with, and they are used to being in a relationship, rather than being alone. It makes sense then that those going through divorce can be scared to be alone. 

It helps to view a divorce as a turning point in your life, a decision you made because not being married was a better option than being married. Instead of being afraid of being alone, you should learn to cherish and be comfortable with being alone. After your divorce, you should seek to enjoy life. Here are 4 tips you can use to help you do that:

1. Be Social

The easiest way to make sure you are happy and healthy after your divorce is by making sure you are keeping yourself surrounded by friends and family. These people are your support team, and it is important that you do not try to withdraw yourself socially. Say yes when your friends ask you to go out to dinner and take your kids to your parents’ house for visits often. Keeping yourself surrounded by love and happiness is key.

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Novi MI divorce attorneyGetting a divorce can be financially costly. With court costs, filing fees and attorney’s fees, the expenses can add up quickly. These are in addition to any other financial issues you may be facing as a result of the divorce, like the monetary impact of going from two incomes to one and selling your shared home. 

Divorce can put a financial strain on even the most affluent couples, and it is not uncommon for people to come out of a divorce with debt or damaged credit. Having good credit is key for obtaining loans for things such as homes or cars, so having a good credit score is pretty important after you are divorced. 

Here are a few tips to help you rebuild your credit after your divorce:

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Posted on in Divorce

MI divorce lawyerAny divorce is not going to be easy to prepare for. In some ways, a mediated divorce can be even more difficult to prepare for. Because of the cooperative nature of divorce mediation, you have to put your feelings aside so that you can effectively work with your soon-to-be-ex to come to a divorce agreement that you both are comfortable with. Divorce mediation has many benefits that come with it, but that does not mean it is easier to do. Here are a few ways you can prepare for your divorce mediation:

Gather All of Your Important Documents

Like most things, being prepared will serve you well. When you come to your mediation sessions, be sure to have copies or originals of all of your important documents, which can include:

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Farmington Hills divorce attorney property divisionThe wedding ring handed down from your husband’s grandmother. The antiques from your wife’s family that were inherited during your marriage. Expensive purses and jewelry given by a husband’s mother to his wife as Christmas gifts. These are all examples of items that have both sentimental and financial value which can become bones of contention during a divorce. How do Michigan courts typically divide such items?

Engagement Rings

Michigan courts have ruled that if a couple breaks off their engagement prior to the wedding ceremony, the giver (purchaser) gets the ring back. Fault is not a factor here; that is, it does not matter who broke off the engagement or if one person was more to blame than the other.

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Novi contested divorce attorneyMost people, once they have concluded that divorce is inevitable, want the whole process to be over and done with as quickly as possible. But what happens if one spouse tries to unreasonably delay the legal process? 

One spouse can definitely drag out divorce proceedings by contesting the divorce and endlessly dickering over settlement terms. But ultimately, they cannot stop a Michigan divorce from happening.  

Why a Spouse Might Try to Delay Divorce Proceedings

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Farmington Hills divorce lawyer, retirement account division, property division, retirement savings, divorce and financesMost Americans can expect to live for about 15 to 20 years after their retirement. But are we saving enough to live comfortably in retirement? Among families with income in the 50th percentile and above, over 80 percent at least have some type of retirement account, such as an IRA, 401(k), or defined-benefit pension plan. That is a good start, but most are not saving enough.

A recent survey found that just 40 percent of those aged 35-54 and just 50 percent of those age 55+ have over $100,000 in retirement savings. By most accounts, this is not nearly enough, even considering the addition of Social Security payments. According to a recent Harvard Business Review article, a median income worker can only expect their Social Security payments (after Medicare premiums) to equal 29 percent of pre-retirement income.

Hence, it is important to highlight the need to make sure retirement accounts are equitably divided in a divorce. It is all too easy to focus on pressing issues like child support and what happens to your house, and possibly miss out on what is due to you from a spouse’s employer-held 401(k) or pension plan.

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Farmington Hills divorce lawyer, Michigan divorce, business and divorce, parenting time agreements, estate planning and divorceFirst marriages tend to be colored by the innocent blush of first love and all the fun of planning a big wedding and choosing cakes, dresses, dinner menus, and flowers. Second marriages, on the other hand, are often shaded with more doubts and concerns, particularly on the financial front. Consider the following issues that second-marriage partners should discuss, sooner rather than later.

Obligations Related to Prior Marriages

It is not uncommon for one or both partners in a second-marriage situation to have debts, child support, and/or spousal support obligations from a prior marriage. Remarriage may also be a reason to revisit and possibly modify modify support obligations and parenting time agreements, particularly if the remarriage also involves a change of residence and/or job.

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Farmington Hills divorce lawyer, Michigan divorce, pets and divorce, Michigan divorce law, pet custodyHow deep is the relationship between people and their pets? Just consider some of the terms you hear these days: Pet parents, dog mom, even grand-dog. Additionally, most of us have seen at least one car window with a sticker saying “Fur Babies on Board” or “My dog is smarter than your honor student.” 

National statistics back up the bumper stickers. A 2016 survey reported that 68 percent of U.S. households have at least one pet (a figure which has been trending upward for over two decades), and 84 percent of pet owners now think of themselves as pet parents rather than pet owners. 

Therefore, not surprisingly, “Who gets the pets?” has become an increasingly contentious issue in divorces, as emotions over pets can run high, even in an otherwise uncontested divorce. Devoted pet parents may be shocked to learn that virtually all state divorce laws still treat pets as mere property to be divided, like a TV and the lawn mower. However, this is beginning to change.

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Farmington Hills divorce lawyer, Michigan divorce, Michigan State Disbursement Unit, circuit courts, parenting disputesDivorcing couples with minor children will quickly become familiar with multiple government agencies, including:

  • The Family Division of the circuit court in the county where the divorce is filed;
  • The Friend of the Court (FOC) office in that county; and
  • The Michigan State Disbursement Unit (MiSDU).

These three government units each play an important role in ensuring that Michigan children of unmarried/divorced parents receive the best possible care and financial support. Consider the following simple overview to help you understand the role that these agencies will play during and after your divorce.

The Family Division of the Local Circuit Court

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