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Recent Blog Posts

The Advantages of Gray Divorce

 Posted on November 03, 2023 in Divorce

MI divorce laywerA lot of older adults are afraid to get divorced. This is especially true for those who married young and have been with their spouse for decades. They might have complex marital property to divide equitably. It can take a bit of courage to get divorced after 50. There are certain disadvantages older adults face during divorce, like suddenly having to learn how to do the things you depended on your spouse for most of your adult life. However, there are also some distinct advantages of gray divorce. You may not have some of the challenges or complications younger adults do, and you may have an easier time compromising than less mature individuals. If you are planning to proceed with a gray divorce, you should be represented by your own Oakland County attorney even if the split is amicable. It is wise to have a lawyer who knows your rights there to protect them. 

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Options for Business Owners Getting Divorced

 Posted on October 20, 2023 in Divorce

MI divorce lawyerHaving a family business can be a joy or a headache depending on how things are going. If your marriage is heading towards divorce, you may have some concerns regarding what will happen to the family business. Fortunately, there are quite a few options for family business owners who are filing for divorce. Different solutions will work for different people. What type of solution is likely to work best for you depends on a lot of factors, including how amicable your relationship is and whether you have children who will one day take over the business. Your priorities play a large role in deciding how to divide up your company fairly. If you and your spouse own a business together, it is important that you each have your own legal representation. You will want a Michigan divorce attorney looking out for your personal interests. 

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Who Can Get Spousal Support in Michigan?

 Posted on October 13, 2023 in Divorce

MI divorce lawyerIf you have been a homemaker or your spouse has been the primary breadwinner, getting divorced can be particularly stressful. You may have become accustomed to a certain lifestyle during your marriage. You may no longer have the professional or trade skills you would need to successfully re-enter the workforce right away. In fact, you might be worried about how you will pay for your basic necessities like housing and food after leaving your spouse. This is where spousal support comes in. Courts do not want anyone to find themself homeless or in need of public assistance because they got divorced. If you would face a financial crisis without it, you might be eligible to receive short or long-term spousal support. A Michigan divorce attorney can assess your situation and help determine whether to demand alimony. 

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Can My Child Decide Which Parent to Live With?

 Posted on October 13, 2023 in Family Law

MI custody lawyerWhile a child does not get to decide which parent to live with, courts can take a child’s preferences into account. Michigan child custody laws require judges to consider a variety of factors in order to determine what type of custody arrangement would be best for the child. The law is very clear that all decisions regarding child custody are to be made based on the child’s best interests. What a child wants may be important in making this decision. If a child is adamant that they want to live with one parent, forcing them to live with the other might not be good for the child. However, courts are also aware that children do not always know what is best for them. Your attorney can help you understand how your child’s wishes may play a role in the court’s decision. 

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How Does Divorce Mediation Work?

 Posted on October 05, 2023 in Divorce

MI divorce lawyerThere are several types of divorce mediation spouses can choose from. In some styles of divorce mediation, the spouses never have to see each other face to face. Even if you and your spouse are in serious conflict and do not feel that you can be around each other, divorce mediation may still work for you. Another, more traditional, type of mediation involves bringing the spouses together for a meeting with both of their attorneys and a mediator. Mediation can also take place through virtual services. When mediation is done virtually, the spouses may communicate, but without the added stress of being in the same room. Using mediation can speed up the legal divorce process as well. Your divorce lawyer can help you decide what type of divorce mediation is best for you. 

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Child Custody for Active Duty Service Members

 Posted on September 28, 2023 in Divorce

Novi, Michigan military divorce lawyerIf you are actively serving in the military, getting divorced can be a hassle. It can be quite challenging merely to handle the logistics of getting divorced if you are not able to be present in the same state - or even country - where the divorce is being processed. When you cannot control where you reside, frequent custody exchanges may not be practicable. This can make establishing a workable plan for co-parenting after the divorce tricky. 

Your divorce attorney can generally take on the practical, legal, side of handling your divorce while you are deployed or stationed elsewhere. However, the practical side of making the custody plan you establish in divorce work is likely to fall to you and your ex-spouse. It is important to carefully consider what type of child custody schedule is likely to work well for you, all factors considered. 

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Tips for Life After Gray Divorce

 Posted on September 21, 2023 in Divorce

Novi, MI divorce lawyerGray divorce is becoming more and more common. As the population in general begins to live longer and healthier lives, older couples are beginning to see more benefits to getting divorced even when they are older. If you are in your late fifties or sixties, you may have many more years of healthy life ahead of you to enjoy without the burden of an unwanted marriage. Many gray divorcees go on to remarry, or even raise children again. 

Many older adults worry about what their day-to-day life and social activities will look like after a divorce. It is likely that you and your spouse have a lot of friends and family members in common after many years of marriage. It has likely been a long time since you were single, and it is normal to have fears. You may worry about things like being lonely, or not having the type of help with daily tasks your spouse used to provide. 

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What Are the Benefits of Mediation in Divorce?

 Posted on September 14, 2023 in Divorce

Northville Divorce LawyerA divorce is mentally and emotionally exhausting and is one of the most challenging things an individual can go through. Many couples turn to mediation as a helpful technique to address complex issues like alimony and creating a parenting plan. An experienced attorney with Elkouri Heath, PLC can act as your mediator, or can represent you in your divorce case.

What Are the Advantages of Mediation in a Divorce?

The court system encourages couples to use mediation and typically will not allow a case to proceed to litigation without attempting mediation first. The court provides a list of approved mediators, but if you and your spouse believe hiring a private mediator is in your best interest, you can do so. Here are a few significant benefits of utilizing mediation in your divorce process: 

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What Are the 5 Most Common Reasons for Divorce?

 Posted on September 10, 2023 in Divorce

Novi, MI divorce lawyerDivorce is a common and painful process that impacts many families. While every marriage is unique, there are common scenarios that lead to marital breakups. If you are facing the possibility of a divorce, you do not have to go through the process alone. A skilled divorce lawyer can help you negotiate the different areas that need to be addressed in a divorce settlement. 

What Are the Most Common Reasons People File for Divorce?

Here are five of the most common reasons for divorce: 

  • Infidelity: When one partner is unfaithful, it can destroy trust within a marriage 

  • Excessive arguing: When couples have issues communicating and resolving conflict, it can lead to resentment and frustration that wear down the relationship over time

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Factors Considered in Parental Relocation in Michigan Child Custody Cases

 Posted on August 29, 2023 in Family Law

Novi Child Custody LawyerChild custody issues can be among the most emotionally challenging and legally complex situations that parents have to work through when getting a divorce. When one parent in a joint custody agreement decides to relocate with the child, the situation becomes more challenging and potentially more contentious. Today, we will highlight the key factors Michigan courts consider when evaluating parental relocation requests. If you have questions or concerns related to your divorce, child custody, or any other family law matter, contact an experienced lawyer to give yourself the best shot at obtaining a favorable custody ruling.

Protecting Parental Rights is Most Important 

For the court to move a child, there must be sufficient reasons as to why the move must take place. Michigan law states that for parents in a joint custody agreement, neither parent may move more than 100 miles without the expressed consent of the other parent or court. In situations further than 100 miles, the court refers to this as a “change of domicile.” In cases where both parents agree to the move, the move may happen. However, if the parent who is not moving does not consent to the move, that is where things get tricky. In such situations, the moving parent may need to petition the court to grant approval for the move.

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