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Recent Blog Posts
Can We Resolve Our Michigan Divorce Using Arbitration?
The vast majority of Michigan divorces are now settled outside of court. Trial litigation in a courtroom is reserved for the most difficult cases when couples absolutely cannot agree on important issues or when there is the presence of a serious problem like domestic violence or a spouse who lies on their financial disclosures.
For all other cases, various alternative dispute resolution methods can be very helpful. One popular method is mediation, but arbitration is another viable strategy. Some couples include a mandate to resolve disputes using arbitration in their prenuptial or postnuptial agreement. Other couples decide on arbitration when they begin talking about divorce, believing a neutral third party may make decisions better than they can. Whatever the method you eventually decide on for managing your divorce disagreements, knowing more about arbitration can help you determine whether it is right for you.
Can We Include a Right of First Refusal Clause in Our Parenting Plan?
When a Michigan couple with minor children gets divorced, they must create an agreement about child support and child custody arrangements. While this sounds straightforward, in reality, issues regarding children are often the most challenging to address. Because each parent often feels as though they are the most qualified to care for the children, it is easy for parenting plan negotiations to devolve into power struggles that do not benefit anyone, least of all the children.
But if parents can stay focused on the children’s best interests instead of their personal differences, they often find that there are many acceptable solutions that allow both parents to maximize parenting time with each child. One possible way to do this is by including a clause about a concept called the “right of first refusal.” To learn more about how this could benefit you, read on.
Does Cryptocurrency Need to Be Divided in a Michigan Divorce?
The idea of a union between two people coming to an end has existed for as long as couples have formally paired together in front of friends and family. But, certain parts of divorce are in constant flux; Michigan state law can change, social mores can change, and even the types of property spouses accrue together can change.
Cryptocurrency is a recent example of an asset that is so new, poorly understood, and minimally regulated that dividing it in a divorce can be quite complicated. Because more and more people are buying cryptocurrency every day, understanding how it is handled in a divorce may be essential for protecting your financial interests.
Understanding Cryptocurrency
Cryptocurrency is digital currency secured by cryptography. Unlike dollar bills, which can be replicated and counterfeited, each cryptocurrency “coin” is verified with its own unique identification. Cryptocurrency is “mined” using blockchain technology on many computers, and because coins are not owned or created by just one person or organization, one of the attractive features of cryptocurrency is that it is not currently subject to governmental interference.
How Does Divorce Mediation Work in Michigan?
Divorce is almost guaranteed to be a difficult process, but in recent years a highly effective method that helps ensure conflict between divorcing couples does not get out of hand has become popular. Divorce mediation has helped millions of divorcing couples all over the United States meet their priorities in their divorce, feel seen and heard, and still manage to effectively compromise. If you are interested in getting divorced in Michigan while minimizing conflict, saving money, and avoiding a long court battle, read on.
What is a Mediator?
A mediator is a trained third party who does not have any kind of relationship with you, your spouse, or your attorneys that could bias the mediator in any way. Mediators must remain neutral to be effective, so they cannot be your friend or neighbor, even if that person is a trained mediator. Michigan has rigorous training requirements for mediators, and they are often also attorneys with specific knowledge of and experience in Michigan divorce law.
Can Single Adults in Michigan Adopt Children?
For many years, only married adults in heterosexual relationships could adopt in Michigan. To the tremendous benefit of children and adoptive parents alike, society’s notions of what constitutes a family have expanded significantly in recent years, along with legal protections that enshrine those notions. For single adults living in Michigan who are looking to adopt, the good news is that you can qualify to adopt just as a married couple could. However, it is important to consider whether you meet the criteria to adopt and how adoption and parenthood could change your life forever.
What Do I Need to Do Before I Adopt a Child?
The individual needs of each child will differ as they grow and develop, but certain criteria must be met before an adult can adopt a child of any age. These include, but are not limited to:
- Being at least 18 years old
- Completing an adoption licensing application
My Ex Only Feeds Our Kids Junk Food. Can I Do Something to Stop It?
Many Michigan couples get divorced because they have a significant difference in their parenting styles. These differences may not become apparent until a couple has been married for many years and already shares several children, and while these differences can be significant enough to trigger a divorce, getting divorced does not make them go away. Divorced parents must continue to co-parent as effectively as they can while navigating parenting styles that are often not only different but mutually incompatible.
One way that these differences can manifest is through a parent’s levels of discipline or permissiveness. Some parents insist that their children eat well, exercise, and limit screen time. Other parents are very lax about some or all of these areas. While there is no magic formula to determine exactly how much junk food a kid can eat, there is no question that a regular diet of sugar and fast food can negatively impact a child’s development. This begs the question - if you are sharing custody of your child in Michigan, and your ex only feeds your child junk food, can you do anything about it?
Four Tips for Effectively Managing a High-Conflict Michigan Divorce
Research has consistently shown that certain types of personalities are prone to behaviors that contribute to high levels of conflict. While conflict is almost never driven by just one spouse, a high-conflict person can make life very difficult by having extreme behaviors, black-and-white thinking, and unpredictable emotions.
Unfortunately, one risk of divorcing someone with a high-risk personality is that these behaviors tend to escalate during the loss of an intimate relationship. While divorce is never easy, this can make the divorce process much more difficult. If you anticipate a high-conflict divorce, hire a great Michigan divorce attorney and follow these four tips.
Create a Safe Exit Strategy
Spouses who engage in emotional, physical, or financial abuse during a marriage are likely to be increasingly abusive when you try to leave. Before you tell your partner that you are ending the relationship, make sure you have an exit strategy that gives you somewhere safe to stay. If your spouse is financially abusive, you will want to make sure that you have savings or access to a line of credit if your spouse cuts you off financially.
Can a Parent’s Mental Health Affect a Custody Arrangement in Michigan?
Much of the stigma surrounding mental illness has disappeared in recent years, thanks in large part to better education, greater awareness, and improved treatment options. Most mental illnesses can be managed with medication and therapy well enough that people can enjoy normal and productive lives.
Mental illness, however, can still be a major challenge in a marriage, and someone with mental illness may fear that their condition could make it difficult for them to get custody of their children in a divorce. Fortunately, mental illness alone cannot prevent a parent from caring for their children; however, failing to treat a mental illness can lead to behaviors that may jeopardize custody arrangements.
Does a Court Have to Know About My Mental Illness?
If a spouse’s mental illness has caused problems in a marriage, it is likely to come up during divorce proceedings. Trying to hide mental illness, especially by avoiding treatment, is not a good idea and may lead a judge to worry that the spouse who suffers from mental illness is not taking it seriously. Judges are generally reluctant to deprive a parent of total contact with a child unless that parent presents a clear danger to the child; unfortunately, certain mental illnesses that are left untreated do have the potential to put a child in danger.
What Happens to My Michigan Pension if We Get Divorced?
Married government employees in Michigan who are nearing or have reached retirement age often face a difficult question when confronting the prospect of divorce: What happens to pension benefits in a divorce? Pensions are earned after long years of difficult work and beneficiaries may understandably be reluctant to see their retirement divided as part of a divorce.
However, pension funds that are earned over the course of a marriage are considered marital property and must be divided in a divorce. If you are considering divorce and want to know what Michigan divorce laws mean for your retirement funds, consider getting help from a skilled Michigan divorce attorney.
Is My Entire Pension Marital Property?
If you started working at your job before you got married, any portion of your pension that you earned before getting married is not considered marital property. From the date of your marriage onward, however, all retirement funds are community property. Determining exactly how much of a pension is marital property can be tricky; you will likely need help from an attorney or accountant to determine what your pension balance was when you got married so you can estimate exactly how much of the pension is marital property.
Seven Things Your Michigan Parenting Time Agreement Should Consider
Creating an agreement about parenting time is a difficult but important part of a Michigan divorce involving minor children. While trying to negotiate and compromise with an ex can bring up old resentments and personal differences, working hard to create a great parenting plan during divorce can pay off by exposing parents and children to significantly less conflict in the future. Many different factors will influence how parents create their parenting time plan and it can be difficult to think of or keep track of them all. Here are seven things to consider while making your Michigan parenting time plan.
Factors Affecting a Michigan Parenting Time Plan
- Your child’s friends - How a parenting time plan affects your child’s ability to see their friends can greatly affect the child’s happiness and willingness to visit one parent or another. If a child feels isolated from their friend group when they are with one parent, they may be more reluctant to spend time together.
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