Posted on May 14, 2025 in Family Law

There are many reasons an individual, business, or government agency may need to record a conversation, and most states, including Michigan, have adopted laws about consent and evidence admissibility to regulate recorded conversations. In any form of legal action, whether it is a divorce case or criminal court, you may need to understand the laws that govern consent and recorded conversations. A Northville, MI family law attorney has experience in evidence collection and eavesdropping laws and can answer any questions you may have about how state or local jurisdiction applies to your case.

What Does Michigan Law Say About Recorded Conversations as Evidence?

Most states have either "one-party" or "two-party" consent laws that apply to recorded conversations. Under Michigan’s eavesdropping law, recording a private conversation you are not involved in without the permission of all those involved is a felony. However, Michigan is a one-party consent state, which means that if one person gives their consent to be recorded, it is not an eavesdropping violation. Similarly, federal law also only requires one-party consent.

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 Posted on May 05, 2025 in Family Law

Moving after divorce is not a new concept, and in Michigan, laws dictate what happens when the person moving is a co-parent of a minor child. Because parental relocation can profoundly affect everyone in your immediate family, especially your child, it is important to understand your rights, including your ability to challenge a relocation request. If you have a co-parent who is planning to move a significant distance away and want to know what your legal options are, consider speaking with a knowledgeable Northville, MI parent relocation attorney about your case.

What Can You Do To Challenge a Relocation Request?

If your co-parent has submitted a relocation request and you are opposed to the move, you have a legal window to challenge the request. First, you can file a response to their petition, formally explaining why you oppose the relocation. Then, you will attend a court hearing where you can present evidence to show that the move is not in your child’s best interests. The burden of proof lies with the parent who filed the petition to relocate. If the move could be detrimental to your child’s well-being, the court likely will not approve.

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 Posted on April 30, 2025 in Divorce

Child support is a common component of co-parenting in Michigan. Whether you are paying it or receiving it, a child support order sometimes needs to be adjusted, and state law will accept a request for modification under specific circumstances. When you speak with a Northville, MI child support attorney, they can help you understand whether you have sufficient evidence to support a need to modify child support, but first, consider the basic state laws that govern these cases.

How Do You Change a Child Support Order in Michigan?

In Michigan, there are two ways to request a child support review, either through a Friend of the Court review or by filing a court motion. If you are receiving public assistance, the Friend of the Court automatically reviews your support every three years. However, if you are not receiving assistance, you can still request a review. If it has not yet been three years since the support order was issued, you can file a motion with the court to request a modification of child support, but there may be an associated fee.

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 Posted on April 23, 2025 in Divorce

The impact of divorce can vary significantly based on where you are in life. For couples with young children, custody and child support are major concerns. When divorcing later in life, your concerns may lie in asset division or spousal support; here are some other challenges that may not have yet crossed your mind. If you have questions about the process as it relates to your situation, you would benefit from speaking to an experienced Northville, MI gray divorce attorney. 

Planning for Healthcare Costs

Married couples commonly have shared healthcare plans. As you age, your medical needs can increase, making adequate coverage even more important. Some factors to consider during and after include:

• Insurance loss: You may lose coverage if you were under a plan sponsored by your spouse’s employer.

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 Posted on April 11, 2025 in Divorce

Asset division can be a complex part of divorce. Everything from real estate and businesses to financial accounts and debts can be subject to division. However, there is no guarantee that you will lose all or even part of your company. Working with a Michigan asset division attorney ensures that you understand all legal options when dividing property. Each case is different, but a basic understanding of the laws that govern these cases in Michigan is a good place to start.

Is a Business Separate or Marital Property?

Assets and debts are categorized as separate or marital property during divorce proceedings. If the business belonged to one spouse before marriage and was kept separate from combined finances, that spouse may retain full ownership. The same is true if it was inherited or gifted to one spouse or protected in a valid prenuptial agreement. 

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 Posted on April 03, 2025 in Divorce

The most prominent source of contention in the divorce process is the question of child custody, which centers around what is best for the child. In Michigan, the judge considers a child’s preference regarding placement, especially for older children, but the final decision lies with the court. A Northville, MI child custody attorney can help you navigate the laws that apply to these cases and fight to ensure your child’s voice is heard.

What Does "Best Interests of the Child" Mean?

The court considers several factors when determining what is in the best interest of a child during custody proceedings. This notion of fulfilling the child’s best interest is the foundation of Michigan custody statutes and includes the following elements:

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 Posted on March 31, 2025 in Divorce

Many couples dread the prospect of divorce, especially high asset divorces. But what makes high net worth divorces supposedly so much worse than "normal" divorces? In truth, high asset divorces are somewhat of a murky category, and any divorce can get complicated even if the couple is not particularly rich. However, a divorce with significant assets may have extra considerations that can slow down negotiations.

At Elkouri Heath, PLC, our Michigan divorce attorneys are equipped to handle all kinds of divorces, regardless of income bracket. With the resources and knowledge at our disposal, we can help you negotiate for a favorable settlement or verdict.

Discovery

During your divorce, you and your spouse will have to take inventory of all of your assets. This process of tallying up your marital assets is known as discovery, and it can be quite intense in a high asset divorce. There are multiple methods an attorney can employ in discovery, such as:

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 Posted on March 24, 2025 in Divorce

Some people turn to property litigation as a way to protect their assets and wealth in a divorce. While litigation can be used to secure your property, it is generally better as a last resort than a first measure. If you are considering property litigation, a Michigan divorce lawyer can inform you of your best options before you go to court.

At Elkouri Heath, PLC, we have over 20 years of experience handling divorce concerns on behalf of our clients, including property division. Our family law attorneys can advocate for your rights to property while looking for ways to minimize the financial burden on your end.

Can Your Property Division Issues Be Resolved Outside of Court?

In many cases, resolving a property or asset dispute outside of court will serve your long-term interests. Litigation can be incredibly expensive due to the cost of scheduling court appearances, evidence gathering, and legal fees. Mediation or another form of alternative dispute resolution can save you time and money in property division.

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 Posted on March 15, 2025 in Divorce

Collaborative divorce allows couples to resolve their issues outside of court with a team of professionals. Compared to other forms of dispute resolution like mediation, this is a much more rigorous, involved process, allowing you to receive consultation for multiple issues. A collaborative divorce attorney in Michigan can help keep your divorce out of court and protect your best interest.

If you and your spouse want to avoid contentious litigation, you might be interested in a more amicable approach. At Elkouri Heath, PLC, we have the experience and training to support you through a collaborative divorce. When you work with our firm, you can rest assured that we will take your concerns seriously.

Divorce Coaches

If you choose to go the collaborative route, you will likely end up working with a divorce coach. The role of this coach is to mediate between you and your spouse, validating your emotions while also working towards a solution. Divorce coaches are trained mental health professionals who are intimately familiar with the heartache and stress a separation can come with.

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 Posted on March 08, 2025 in Divorce

Spousal support, or alimony, is a court order to give a divorcing spouse financial assistance. If you are ordered to pay alimony to your spouse, you might start to feel burdened while dealing with other bills like rent, a mortgage, or utilities. You may see no other way out aside from waiting for the court order to end. A Michigan divorce attorney can help you explore other options.

At Elkouri Heath, PLC, we have more than 20 years of experience in family law. Our attorneys can provide you with professional guidance and advocate for your rights in a petition to modify or terminate alimony.

Remarriage or Cohabitation

Alimony can be terminated early if your ex marries a new partner. This is rooted in the idea that your ex does not need extra support from you if a new husband or wife is already bringing home additional income. Proving that your former spouse has remarried is a straightforward way to terminate spousal support.

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