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Recent Blog Posts
5 Financial Surprises a Woman Might Face in a Michigan Divorce
The playing field of divorce may have leveled out over the past several years, but some women are still at a financial disadvantage when their marriage ends. In particular, women who left the workforce or sacrificed their education to raise a family or promote their spouse’s career may face some financial surprises with devastating consequences when they embark on a divorce. It is essential to learn the Michigan divorce laws to be prepared for this next chapter of your life.
1. Needing to Return to the Workforce
If you stepped back from your career to raise a family or further your spouse’s career, entered into retirement, or suffer a disability that limits your ability to work, you may be eligible for spousal support (alimony). Awards do not last forever, however, so it is recommended that you plan for re-entry into the workforce sooner rather than later. If you cannot work, strive to find a viable alternative, such as Disability or your spouse’s Social Security.
4 Tips to Help Alleviate the Stress of the Divorce Process
Divorce can be messy, even in the best of circumstances. Emotions run high, and you and your spouse may get caught up in getting even with one another rather than what is best for everyone involved. If you have children together, it is imperative that you consider their interests when making decisions. Thankfully, there are steps that you can take to ease the transition.
1. Reassure the Kids
Children do not always cope well with divorce, but it is often because they fear what might happen. Their worries can vary, but the solution is usually the same. All they really need is consistency and reassurance. They need to know that both of their parents will be there for them as life changes and that they are not at fault for the dissolution of your marriage.
You and your spouse are encouraged to reassure them together, perhaps in a family meeting where you tell them about the divorce and explain to them how things will change. More importantly, highlight the things that will not change -- both parents loving them and being actively involved in their lives.
Is Divorce Better Than An Unhappy Marriage?
Divorce is a scary decision to make and often takes couples years to come to. Splitting from your spouse may not sound like a good option, especially if you have been with them for over a decade. You become accustomed to living with another person, even if you do not necessarily get along with them, and the alternative can seem like a worse situation. For those considering divorce, it can be difficult to find the encouragement you need to do so from loved ones. Their ties to you and your spouse can make them a non-neutral party who are rooting for your relationship rather than your best self. Our divorce attorneys at Elkouri Heath, PLC, work to put you first, regardless of your relationship, and encourage our clients to look at divorce in a new light.
Seeing the “Positive” in the “Negative”
How Is Real Estate Property Divided in a Michigan Divorce?
No one really enters into a marriage thinking they are going to get divorced. Sadly, many couples do end their legal unions for various reasons. In some cases, an extramarital affair or an addiction problem may have caused the relationship to sour. Once a couple decides to part ways, they will have to make many decisions, including how to divide their assets and property. The division of real estate properties can be one of the most contested aspects of a divorce. Spouses often argue over who gets to stay in the marital home or who can keep the lake house. Under Michigan law, a judge is required to distribute marital property fairly. This typically means that each spouse receives approximately half of everything. However, the property may be divided unequally if one party is considered to be more responsible for the marriage ending or if one party proves a significant need for more assets.
How Does Military Service Affect Child Support Payments in Michigan?
Divorce is a fairly common occurrence these days, especially when compared to decades ago. Recent studies show that approximately 40 to 50 percent of U.S. marriages end in divorce. Although this may be a somewhat disheartening statistic, it is a reality in today’s modern world. Regardless of whether the breakdown of a marriage was caused by infidelity, addiction, or financial problems, for many couples, legally ending their union may be better for everyone in the long run. Once a couple decides to divorce, many issues will need to be addressed, such as property and asset division, spousal support, and child support if children are involved. Child support in Michigan is determined based on various factors, but what if one or both parents are serving in the U.S. military? Service to our country can affect how child support payments are implemented.
I’m a Single Parent – Can I Adopt in Michigan?
In the past, the nuclear family was preferred for adoption over other family makeups and dynamics; however, this has changed as society has modernized and the vision of the “American family” has expanded. Many single parents incorrectly believe that they cannot adopt due to their relationship status. In 2017 alone, almost 15,000 single women and nearly 2,000 single men adopted children or youth from foster care. For single women or men looking to adopt a child, it is important to consider how single parenthood would affect their lifestyle and to look at their various options to make an informed decision on the matter.
Lifestyle Changes
It is no secret that having a child changes an adult’s life forever. This is especially true of those looking to embark on this journey alone. Single individuals considering adoption should look at the following three areas to see if they are ready to take that step:
Can Grandparents Be Granted Visitation in Michigan?
If you have grandchildren, you know what a joy being a grandparent can be. After a divorce, grandparents may worry that they will not get to see their grandchildren as often as they did when the children’s parents were married. In some cases, a parent may outright refuse to let his or her children see their grandparents. This can be absolutely devastating for both the grandparents and the grandchildren. Fortunately, grandparents have certain rights under Michigan law that allow them to spend time with their grandchildren. However, these rights may be subject to certain restrictions and qualifying criteria.
How Can I Get Grandparenting Time?
Visitation with grandchildren, also called grandparenting time, is not automatically granted after a divorce. If your grandchildren’s parent(s) agrees to grandparenting time, you will have a much easier time pursuing visitation with the children. However, if the parents do not want you to see their children, you will have to convince the court that grandparent visitation is in the child’s or children’s best interest.
Common Questions About Child Custody in Michigan
If you are a parent who is unmarried or planning to divorce, you may have many questions about child custody in Michigan. Parents are encouraged to work out their own child custody arrangements, but understandably, this is not always possible. If parents cannot come to an agreement regarding custody and parenting time, the court will intervene and determine a child custody schedule on behalf of the parents. In Michigan, the Child Custody Act dictates how the court makes decisions about parenting time and custody.
Joint Custody or Sole Custody?
There are two types of custody under Michigan law: legal custody and physical custody. Legal custody is a parent’s decision-making authority and physical custody is where the child physically lives. Parents with joint legal custody consult with one another regarding major child-related decisions whereas sole legal custody assigns all decision-making responsibilities to one parent. In a joint physical custody arrangement, the child maintains a residence with both parents. Typically, one parent in a joint custody arrangement is the primary custodian and the other parent enjoys child visitation, technically called parenting time in Michigan law. When a parent has sole physical custody, the child resides only with them.
Should I Choose an Open Adoption in Michigan?
Adoption offers a way for a person or a family to provide a loving home to a child in need. The choice to adopt a child can be one of the most rewarding decisions an individual or a couple ever makes. If you plan to adopt in Michigan, you will need to decide whether you want to pursue a private adoption, adoption through a private or public agency, an international adoption, foster care adoption, or another avenue. You will also want to consider if you want a closed or an open adoption. Regardless of the type of adoption you choose, it is essential to hire an experienced family law attorney to guide you through the process. Below are a few of the pros and cons of open adoption.
Advantages of an Open Adoption
In an open adoption, the adoptive child can be in contact with his or her birth parents or birth family, and they may even spend time with these family members on a regular basis. There are many benefits to having an open adoption. In some cases, adoptive children who do not know their birth parents lack a feeling of belonging. They may wonder what their adoptive parents are like or question why they were placed for adoption in the first place. Open adoption can give adoptive children answers to these questions and help them gain a greater sense of personal identity. Having an open adoption may widen the circle of support in the child’s life, and it can also provide the adoptive parents with love and support.
Will I Be Required to Pay Alimony After My Michigan Divorce?
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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