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Oakland County divorce attorney parental relocation

After completing your divorce, it is likely that your life will change at some point. If you are looking to pursue job opportunities or live closer to your family members, you may be considering moving to a home in a new city. However, if you share custody of your children with your ex-spouse, you will need to understand how Michigan’s parental relocation laws will apply to your situation. Depending on your circumstances, you may need to receive approval from either your ex or the court where your divorce case was heard before you can relocate.

Parental Relocation in Michigan

If you have sole legal custody of your child, you usually will not need to seek approval for relocation, although you may need to get court approval if you will be moving outside the state of Michigan. However, if you share legal custody with your child’s other parent, you will need to receive approval if you will be moving at least 100 miles away from your current home or to another state. If you already live more than 100 miles away from the other parent, or if your planned move will place you closer to the other parent’s home, you will not need to receive approval for relocation.

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MI divorce lawyersWhen most couples are married, their finances and their assets become intertwined, which typically can make things easier - unless you get divorced. When you get divorced, everything must be separated again, which can make for a confusing process. You and your spouse might own things together, like a home, other real estate, cars, furniture, and other household items. The things that you and your spouse jointly own is called marital property. Usually, if you own things like real estate or a car, you typically have debt, too. Any debt that you have together, like a mortgage, credit card debt or auto loans must also be considered when you divorce. Like marital property, marital debt must be divided. In Michigan, marital property is divided equitably, which does not always mean equally. Here are some suggestions on how to divide certain assets during your Michigan divorce:

The Family Home

The easiest way to deal with your home when you are getting a divorce is to sell it and then split the proceeds. This only works, however, if you have equity in your home. If you do not have equity in your home, you might have to sell your home at a loss and then determine who will be responsible for paying the rest of the mortgage. If one of you wants to keep the home, then you can pay the other spouse what their half of the home is worth. Either way, the first thing you should do is determine what your house is currently worth and go from there.

Your Furniture and/or Household Items

Dividing your furniture and other things that you have in your house can be easy or it can be difficult; it is up to you and your spouse. First, you should make a list of everything that you own that is up for grabs. Make note of the items that you want to keep and the items that you could do without. These can be used as bargaining chips when it comes time to negotiate.

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MI divorce lawyerWith our lives running on Internet time — in minutes, not months — you may well wonder why there is a two- to six-month minimum waiting period between the initial filing and the finalization of a Michigan divorce.

Here are four good reasons the law requires these waiting periods and how they can actually benefit you.

1. Opportunity for Reconciliation

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Oakland County Bar Association State Bar of Michigan Collaborative Practice Institute of Michigan WCCDBA Woman Lawyers Association of Michigan
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