Posted on January 04, 2022 in Divorce

People divorce one another for a number of reasons. Some couples quickly learn after getting married that they are not as compatible as they thought they were, while other partners stay together for a long time only to decide that their partnership is no longer working. 

More specifically, it is not uncommon for one partner to realize that their spouse is a narcissist. Actively pursuing a divorce when you are married to a narcissist can be overwhelming, but the best course of action is to prepare yourself and understand what to expect when divorcing a narcissist. 

What is a Narcissist? 

Before you can figure out if you are married to a narcissist, it is imperative to understand what a narcissist is and how to identify one. Essentially, a narcissist is a person who has an overinflated sense of self and an extreme level of self-importance. 

Narcissists are very entitled, and they lack empathy, making it easy for them to manipulate others and use people to their advantage as though they are pawns in a game. Also, narcissists do not take responsibility for their behavior and they refuse to be held accountable for their actions, choosing to instead place the blame on everyone else by way of deflection. 

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 Posted on December 28, 2021 in Family Law

A prenuptial or premarital agreement is a means by which individuals can protect any property that they respectively own prior to the marriage. Individuals who plan to marry also can use a prenuptial agreement to set forth certain rights and responsibilities, such as with respect to spousal support, in the event that they divorce in the future. While a prenuptial agreement may seem unromantic to some, it is a practical way to protect yourself financially, just in case things do not work out as planned. A properly executed prenuptial agreement also can eliminate future uncertainty, particularly if you are facing a second or subsequent marriage.

Requirements for Valid Prenuptial Agreement

In order to be valid under Michigan law, a prenuptial agreement must be in writing and voluntarily signed by both parties. Any subsequent modification or termination of a prenuptial agreement must be in writing and signed by both parties. While it is not required that either party be represented by an attorney in drafting of a prenuptial agreement, it is highly recommended that both parties consult with their own separate attorneys prior to signing any agreement. This step can help you greatly if one party later claims that the agreement is invalid. Finally, both parties must fully disclose all assets and debts at the time of the agreement. If one party fails to disclose property, the prenuptial agreement may be legally invalid.

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 Posted on December 23, 2021 in Mediation & Collaborative Divorce

Divorce is one of the most difficult experiences a person can go through, no matter how appropriate or necessary it might be for their situation. Although the process can be painful, it does not necessarily need to be a process that is filled with acrimony and contempt. There are methods of alternative dispute resolution available to couples in Michigan that can lessen the stress that so often accompanies this process. A Novi, MI divorce attorney can evaluate your situation and discuss whether a collaborative divorce would be beneficial in your situation.

What Is a Collaborative Divorce?

In a normal divorce case, a judge will determine issues related to the parties’ marriage, such as child custody, support, alimony, and property division, usually following a trial at which both parties present evidence through their attorneys. In a collaborative divorce case, however, spouses agree to take all steps necessary to reach a peaceful and mutually acceptable agreement on all issues in their divorce. With the help of a collaborative divorce team, which includes attorneys for both parties, as well as other professionals, such as a financial advisor and a mental health counselor, the parties communicate directly with one another in order to reach a divorce settlement.

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 Posted on December 16, 2021 in Divorce

If you are having issues with your marriage, you may not realize just how much the stress and strain may be affecting different areas in your life. Multiple studies have shown that there is a strong relationship between work stress and family stress and that it is not uncommon for people in management positions to take out their marital stress on employees. This can lead to major issues at work, such as incompetence and mismanagement, and create hostile work environments. If you are considering ending your marriage, speaking with an Oakland County divorce attorney can help.

Divorce and Family Life

Marital issues can be incredibly stressful and may tax the patience and mental energies of even the strongest people. However, when hostilities between married couples escalate to the point at which divorce is a possibility, the issues can become overwhelming and have an extremely negative effect on both work performance and overall attitude towards employees.

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 Posted on December 09, 2021 in Divorce

While many people use the term “narcissist” loosely, the medical community recognizes narcissistic personality disorder as an actual psychological diagnosis. Anyone who has been in a relationship or marriage with a partner who has this disorder can likely attest to the collateral damage they can cause. Ending a relationship with a narcissist can accelerate their behaviors because you are leaving them, something they have a difficult time processing. While any divorce can be hard, divorcing a narcissist can feel like Armageddon.

Signs Your Spouse Suffers from Narcissistic Personality Disorder

Although any gender can suffer from this disorder, it is found more often in men. A person who has narcissistic personality disorder typically has an inflated sense of self-importance and sense of entitlement. They also have an excessive need for admiration, while at the same time, showing a total disregard for others’ feelings, even their partners.

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 Posted on November 29, 2021 in Asset Division

Michigan is an equitable distribution (as opposed to community property) state. In a community property system, all marital property is divided right down the middle, regardless of contributions. Under equitable distribution, marital assets are divided up into just portions, taking many factors into consideration. This process includes a three-step process of identifying, valuing, and dividing the assets and liabilities.

Identification

The first step in division of assets in a divorce is identifying and classifying all the assets and liabilities acquired during the marriage. This is not always as straightforward as it sounds. This includes not only tangible assets such as homes, cars, bank accounts, and retirement funds, but also intangible assets such as business goodwill and household services.

Once identified, the asset must be classified as either marital or nonmarital property. Although most assets acquired during the marriage will likely be deemed as marital, there are some exceptions:

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 Posted on November 22, 2021 in Divorce

November ushers in the holiday season that continues right through to New Year’s Day. While it is often exciting to think about spending time with family and friends, the holiday season can also cause stress for parents who are divorced and trying to navigate through the holidays with the least amount of impact on their children possible. Michigan family courts understand that children need to spend time with both parents and that includes holidays. This is why it is important to have a parenting plan in place that not only sets a regular parenting time schedule throughout the year, but also addresses how parenting time will be divided during holidays and special occasions.

Arranging Holiday Parenting Time

Most schools close over the winter break, and many parents also get time off from work during this time. Trying to come up with an agreeable schedule for the holidays can sometimes be difficult. The following are some suggestions that can help make coming up with a holiday parenting time plan easier for divorced parents:

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 Posted on November 18, 2021 in Asset Division

One of the biggest stresses when going through a divorce is what will the financial outcome be and how will that outcome affect your financial future. In Michigan, just like most states, marital assets are distributed using the equitable division standard. This does not mean the outcome is necessarily "equal" but that the division is done based on circumstances in the couple’s case in the most equitable way possible.

In many marriages, one spouse is usually more involved in handling the couple’s finances and this can mean that the other spouse may not be fully aware of the details of all of the marital assets and debts. In some cases, even the spouse who does oversee all the finances may not realize all the specific details of the martial estate. This is why no matter what your position is in your marriage, it is a good idea to create a property and asset division checklist in order to understand exactly which assets and debts qualify as marital and which ones qualify as separate.

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 Posted on November 08, 2021 in Paternity

It is estimated that there are approximately 300,000 paternity tests performed each year in this country to determine the identity of a child’s biological father. In order to make that determination, DNA tests are one of the most reliable and popular methods. Courts rely on DNA testing whenever there is any contesting of paternity, so it is critical for these tests to be accurate.

The DNA Testing Process

When a man is undergoing a paternity test, a small sample of their DNA is required, along with a DNA sample of the child. There are a number of different ways this DNA can be collected:

• By taking a swab of cells from inside the cheeks of both parties

• By taking a small sample of blood from both parties

• By taking a saliva sample from both parties

• By testing the hair of both parties

The majority of DNA paternity tests are performed once the child has been born. While it is possible to collect the child’s DNA while the mother is still pregnant – such as gathering a sample of the mother’s amniotic fluid – this type of in utero testing can present a risk for both the mother and baby and so is not usually recommended.

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 Posted on October 29, 2021 in Child Custody

When a married couple with a child decides to end their marriage, the courts must decide how parenting time and custody will be divided between the two parents. There is no difference in how these decisions are made based on whether the child is the couple’s biological child or was adopted. If you are considering or have decided to divorce and have any adopted children who are minors, it is important to consult with an Oakland County divorce attorney to find out what all your legal options and potential issues may be.

How Do Courts Decide Custody?

When a family court judge is determining a child custody case, that decision will always be made based on what is in the best interest of the child. The judge could decide the parents should both share joint legal custody or only one parent should have sole legal custody. Physical custody, or parenting time, could be shared 50/50 between both parents or the judge could decide the child will live primarily with one parent and have visitation with the other.

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