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Recent Blog Posts
Can I Collect Social Security Benefits From My Ex-Spouse in Michigan?
Getting a divorce can be financially disastrous. Depending on the circumstances of your divorce, a divorce can cost anywhere from thousands to hundreds of thousands of dollars to complete. Getting a divorce when you are close to retirement can be especially devastating. In many cases, retirement accounts are considered to be marital property and are subject to division during the property division phase of your divorce. Fortunately, the Social Security Administration (SSA) allows individuals to collect Social Security benefits through their ex-spouse’s benefit to help supplement their income during retirement.
Qualifying for Benefits Through Your Ex-Spouse
In order to claim benefits through your ex-spouse’s work record, there are certain criteria that you must meet. You can claim up to half of the amount of your ex-spouse’s benefit even if they have remarried, however, all of the following must be true to be eligible to claim this benefit:
Understanding the Home Study Requirement in Michigan Adoptions
Most people who have grown their family through adoption will agree that it is a fulfilling experience. Many children in the foster care system are available for adoption and are waiting for forever families, but before they can find a family, that family must meet specific requirements. One of the biggest requirements is the successful completion of a home study. Home studies are meant to ensure that the adoptive family is suitable for a child, but the process can be extensive. If you are considering adoption, you should be aware of the requirements to adopt and be prepared for your home study.
Elements of a Home Study
Every person who wants to be a foster parent or adopt a child in Michigan must complete a home study. The home study is typically done by your adoption worker, who is a licensed social worker. The home study is conducted through a series of meetings between you and your adoption worker, at least one of which must be at your home so the worker can observe where a child would be living. During the home study process, the adoption worker will gather information about:
What is the Difference Between Mediation and Arbitration in a Michigan Divorce?
Most divorcing couples know that taking their divorce case to trial should be used as a last resort. In many cases, a trial takes away the freedom of decision for many couples, leaving that decision to be made by the judge presiding over the case. Michigan encourages couples to try to work things out amongst themselves before seeking help. If a couple is unable to cooperate to make decisions pertaining to the divorce, the judge will likely order the couple to attend mediation services before they can proceed to trial. Mediation can be a beneficial tool for many couples who experience adversity from one another, but there are also other ways you can proceed with divorce in Michigan, including arbitration.
Understanding Divorce Mediation
Unlike other states, Michigan does not require couples to attend mediation before they can take their case to trial. Either spouse can ask the judge to order mediation or the judge can independently order a couple to attend mediation to settle their differences. Mediation is a form of alternative dispute resolution (ADR) that may help couples come to an agreement about divorce terms. During mediation, the mediator conducts the session by helping couples stay on topic during conversation and by suggesting solutions when necessary. Mediators, however, cannot make any final decisions for the couple. Mediation itself is also not a legal process and is sometimes used in conjunction with litigation.
What Is the Difference Between Legal and Physical Custody of Children?
Child custody is one of the most important and consequential legal issues that families may need to address. During the divorce process, parents will need to determine how they will share custody of their children. Unmarried couples may also need to address this issue and ensure that both parents will be able to maintain a close, ongoing relationship with their children. When determining how to handle custody-related matters, it is important for parents to understand the different types of custody and how these cases are handled in Michigan’s family courts.
Legal Custody vs. Physical Custody
Child custody issues generally fall into two categories. The first category, which is commonly known as "legal custody," involves the authority to make important decisions affecting the welfare of the child. Legal custody generally involves the right to make major decisions about how children will be raised. This may include medical decisions such as which doctors children will visit and what treatments they will receive or educational decisions such as where they will go to school. Legal custody may also address decisions about children’s practice of religion or what activities they will participate in.
Can My Spouse and I Get a Legal Separation in Michigan?
There are a variety of reasons why marriages break down or fail, leading couples to pursue a divorce. However, this will legally terminate a couple’s marriage, which is an irrevocable step that some couples may not be ready to take. In many cases, couples choose to have a trial separation while they determine whether they can repair their relationship, or they may wish to remain married for religious or cultural reasons.
Those who want to begin separating from their spouse but do not yet want to get divorced may be considering a legal separation. The laws in Michigan refer to this type of situation as “separate maintenance,” and couples will need to understand the procedures followed in these cases and the legal issues that may affect them.
Understanding Separate Maintenance
If a person is looking to separate from their partner while remaining legally married, they can file a complaint for separate maintenance. This complaint is similar to a petition for divorce, and as with a divorce petition, it will state that the marriage has broken down irretrievably. After being served with a complaint for separate maintenance, the other spouse can admit or deny the grounds cited, or they can file a counterclaim for divorce and begin the process of legally ending their marriage.
How Can Adultery or Infidelity Affect a Michigan Divorce?
There are many reasons that married couples choose to get divorced, and infidelity is one of the most common issues that can lead to the breakdown of a relationship. Because the actions of a spouse who had an affair may be the primary reason for the end of the couple’s marriage, many people assume that this will play a role in the divorce process. However, this is not always the case, and in many divorces, infidelity does not affect the decisions made. If adultery is a reason that you are getting divorced, you will want to understand how it may be addressed during your case.
Grounds for Divorce
Michigan is a no-fault divorce state. This means that when you or your spouse file a divorce petition, you will not need to give a reason for why your marriage is ending. The only legal grounds for divorce that are recognized is “irreconcilable differences.” Your divorce petition will simply make the claim that your marital relationship has broken down beyond repair, and there is no reasonable likelihood that you will be able to preserve the relationship.
How Can I Protect My Family Business During My Divorce?
Ending your marriage through divorce will involve multiple types of financial considerations. Determining how to divide your marital assets can often be a complex process, and this is especially true if you are a business owner. A family business or professional practice may be one of your most valuable assets, and it may also be your primary source of income. Ensuring that you can continue to own and operate your business will likely be one of your most important goals during your divorce, so you will want to make sure you understand how to approach this issue.
Is a Family Business Considered Marital Property?
Before determining how ownership of business assets will be handled, you will need to understand whether your business or practice is considered marital property. In general, if the business was founded during your marriage, it will be considered a marital asset, but if you owned the business before getting married, it will be considered separate property. However, even if your business is not a marital asset, you may need to address any increase in value of the business during your marriage. If your spouse contributed to the business, such as by helping manage operations or by investing marital funds in the company, you may be required to reimburse your spouse for these contributions.
Can I Avoid Conflict by Using Mediation During My Divorce?
If you are considering divorce or are in the midst of the divorce process, you may be worried about how you will deal with your spouse as you work to legally dissolve your marriage. Since your relationship has broken down beyond repair, it is understandable if the two of you have trouble getting along, but you may want to try to avoid serious conflict and resolve matters as peaceably as possible. Fortunately, your divorce does not have to be an extended legal battle in the courtroom, and you may be able to get through the process more easily by using mediation.
Reducing Conflict Through the Mediation Process
When you use mediation, you and your spouse will meet together with a mediator, who will act as a neutral third party who will help you work together to reach a mutually agreeable divorce settlement. The mediation sessions will consist of informal meetings where the two of you can identify the issues that need to be resolved, discuss your concerns, and reach compromises that you will both be satisfied with. The mediator does not make any decisions but instead will guide you toward compromises while making sure you understand how the law applies to your situation.
Can I Move to a New Home With My Child Following a Michigan Divorce?
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.
How to Uncover Hidden Assets During Your Divorce
When you get divorced, you and your spouse will need to divide your property and assets. During the property division process, you will need to identify all of your assets, determine their value, and reach a fair and equitable agreement for how these assets should be distributed between the two of you. Unfortunately, this process can become more difficult if one party tries to unfairly influence the results by hiding or concealing assets. If you suspect that your spouse has hidden assets from you, you will want to understand how you can uncover this activity and the steps you can take to ensure that your property is divided fairly and equitably.
Methods of Hiding Assets
There are a variety of ways that spouses may attempt to conceal assets that they do not want to divide with their spouse, including:
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Concealing financial records related to investments or bank accounts.
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