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Recent Blog Posts
How to Negotiate an Airtight Prenup with Your Fiancé
Few topics make engaged couples more nervous than prenuptial agreements. Understandably, bringing up a "prenup" before your marriage might feel uncomfortable. But it is actually one of the most practical and honest conversations two people can have before tying the knot. Far from being unromantic, a well-written prenup can strengthen your relationship considerably.
For couples in Michigan, writing a prenuptial agreement can give you a chance to talk about your values around money. Whether you have significant assets, own a business, or simply want to protect yourself in the future, a prenup can help.
However, the nature of a prenup is, in some ways, similar to the nature of a divorce agreement. Money is finite and money that goes to one spouse automatically does not go to the other spouse. So how do you negotiate a prenuptial agreement that protects you and your fiance?
At Elkouri Heath, PLC, our Oakland County, MI family lawyers have over 20 years of experience helping couples negotiate strong prenuptial agreements. We will guide you through each step of the process to make sure your prenup holds up under Michigan law. We also offer free consultations to help you understand your options before making any commitments.
Child Support After Your Child Turns 18
For many Michigan parents, child support is one of the most important parts of a divorce or custody case. When a child is nearly 18, questions come up: Does support end automatically? Are there circumstances where it goes on? What if the child is still in high school or has special needs?
The short answer is that in Michigan, child support does not necessarily stop the moment a child turns 18. State law recognizes that children may still need financial support while finishing their education or in other special circumstances. Since the Michigan child support formula is regularly updated, parents need to understand their rights and obligations. Our Northville child support attorneys have nearly 25 years of local experience and can help you navigate these issues.
When Does Child Support End in Michigan?
Michigan Compiled Laws (MCL) 552.605b says that a parent’s duty to pay child support usually continues until a child reaches 18. However, there are important exceptions. Support may continue past 18 if:
How Does Custody Work for Parents Who Were Never Married?
For many Michigan families, marriage is not the starting point for raising children. More parents are choosing to have children without marrying, which can bring both flexibility and legal complexity. When unmarried parents across Oakland County separate or disagree about raising their children, the absence of a marriage certificate does not remove the need for clear legal rules about which parent a child spends time with and who can make important decisions for the child. Instead, Michigan law provides a detailed framework for custody when parents were never married.
As of September 2025, child custody cases in Michigan are governed primarily by the Child Custody Act (MCL 722.21). The law focuses on one central principle: protecting the best interests of the child. Whether parents were ever married or not, the court evaluates custody and parenting time under the same standards.
Protecting Your Assets in Later-Life Divorce
When divorce happens later in life (often referred to as "gray divorce"), there are major financial concerns that must be addressed. From retirement funds to estate planning, the decisions made during a gray divorce will significantly impact your future, and it is essential to have a clear understanding of the financial implications of the possible divorce settlements you and your spouse could agree to.
In this blog, we will explore some of the most important financial issues that come into play in a gray divorce. If you are facing a divorce later in life, seeking professional legal guidance is essential. Our experienced Novi, MI divorce attorneys are here to provide advice born from many years of experience helping people in your situation.
Understanding the Financial Implications of Gray Divorce
In gray divorce cases, the financial implications are far-reaching. Unlike younger couples, who may have fewer assets and a longer time frame to rebuild their finances, older couples often have more at stake in terms of retirement funds, real estate, and other long-term investments. The division of assets can be far more complicated due to the length of the marriage, the amount and value of assets involved, and the need to ensure that both parties can maintain financial security as they move toward retirement.
10 Things to Think About if You Are Getting Divorced with a Special Needs Child
Divorcing as a parent of a special needs child presents unique concerns and challenges, just as life before divorce did. Your child may rely on routines, therapies, medical support, educational services, and emotional consistency that do not always align with standard custody schedules or support agreements.
At our firm, our Oakland County divorce attorneys have been helping families across southeastern Michigan navigate divorce and child custody for nearly 25 years. We offer compassionate, personalized representation that reflects the real-world needs of every client, including those raising children with autism, ADHD, developmental delays, physical disabilities, chronic health conditions, and other unique challenges. Whenever possible, we use mediation and collaborative law to help parents resolve disputes respectfully. But when court is necessary, we are prepared to advocate clearly and decisively.
What to Expect From Divorce Mediation in Michigan
For many couples, divorce seems like the most sensible option to end a difficult marriage and move on with their lives. Nevertheless, many people are wary of the kind of high-octane conflict that divorce dramas often portray in movies and on TV.
Thankfully, in 2025, divorce does not always have to mean courtroom battles and drawn-out legal fights. In fact, more often than not, divorce does not involve litigation anymore. For divorcing couples in Michigan, mediation offers a more cooperative and often less expensive way to resolve the issues in a divorce. Many people are pleasantly surprised to learn how mediation works and what they can expect when they go through the process.
Although mediation is not a guaranteed strategy for resolving divorce issues without conflict, for many couples it genuinely presents a more peaceful way forward. If you are considering mediation for your divorce, it helps to understand what happens during sessions, how long the process might take, and what options are available if you cannot reach an agreement. Contact our Northville, MI divorce mediation attorneys to learn more.
10 Tips for Making Divorce Easier for Your Kids
As a parent, your greatest concern during your divorce may be how to protect your children from unnecessary pain and help them navigate the transitions. Kids often have little control over what is happening, but they are deeply affected by the way their parents handle the process. Whether your children are toddlers or teenagers, there are ways you can make divorce less disruptive and help them emerge from this experience feeling secure and loved.
At our firm, divorcing parents often ask how to support their children emotionally while managing their own stress and legal challenges. Our Oakland County, MI divorce lawyers are committed to helping parents and their children get through divorce as peaceably as possible. Here are ten thoughtful, concrete steps you can take to ease the journey for your family.
Keep Conflict Away From Your Children
One of the most damaging experiences for children is being caught in the middle of their parents’ disputes. Avoid arguing in front of your child, criticizing your co-parent within their hearing, or using them as a messenger. Even young children can sense tension and may internalize it as their fault.
Tax Tips for Dividing Assets in a Michigan Divorce
Dividing property during divorce is not just about how the property is distributed. It also needs to be done while considering the tax implications of a proposed division. Because Michigan is an equitable distribution state, meaning assets are divided fairly but not necessarily equally, taxes can heavily influence how fair a settlement truly is. Understanding the tax implications of property division is essential for avoiding unexpected liabilities after your divorce is final. If you have questions about the specific tax implications of your divorce, a Northville, MI divorce attorney can help.
Is Property Division Taxable in Michigan?
Under 26 U.S. Code § 1041, transfers of property between divorced spouses are generally not recognized as a gain or loss for federal tax purposes. That means that you likely will not have to pay capital gains taxes or income taxes at the time of the transfer. However, that does not mean you will never be taxed. The spouse who receives an asset will inherit its original basis for capital gains purposes. Therefore, if you receive a rental property in the divorce and sell it later, you may owe capital gains tax on the full amount of appreciation, even if you did not originally buy the property.
What if We Cannot Agree During a Collaborative Divorce in Michigan?
If you and your spouse cannot reach an agreement during a collaborative divorce, the process will end. Both parties must agree on all terms for the divorce to move forward through the collaborative process. When that is seemingly impossible, the next step is to move forward to litigation. A Northville, MI divorce attorney can help you understand the logistics of this transition and represent your interests through the litigation process.
What Is the Collaborative Divorce Process in Michigan?
The collaborative divorce process in Michigan is designed to help couples reach a divorce agreement outside the courtroom. It requires cooperation and focuses on communication and problem-solving, whereas traditional divorce often involves conflict and litigation. The Michigan Uniform Collaborative Law Act governs the collaborative divorce process, addressing the requirements for voluntary participation, confidentiality, and court recognition of a legally binding judgment.
Unique Considerations for Military Divorces in Michigan
Divorce is already a complex process, involving everything from what will happen to your property to how you will divide parental obligations and time with your children. Military divorces add another layer of complexity, often making financial and parenting decisions more challenging. If you are considering divorce and you or your spouse is a member of the military, you should speak with experienced Oakland County, MI military divorce attorneys right away.
How Does Military Divorce Affect Child Custody?
Military service can complicate child custody arrangements. According to Section 722.23 of the Michigan Compiled Laws, the court must prioritize the child’s best interests when determining custody, including who will make important decisions about the child’s upbringing and where they will live. If a military spouse is stationed far away or frequently deployed, it can complicate the custody allocation process. The court will consider it among other factors affecting custody decisions.
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