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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.
Do I Keep Paying Alimony in Michigan if My Ex Lives With Someone?
Alimony, also known as spousal support or maintenance, is highly regulated in Michigan. In most cases, it will end if the ex-spouse receiving payments gets remarried or is living with someone else. However, cases are considered based on each unique situation, and the termination of spousal maintenance is not always straightforward.
Working with an experienced Oakland County, MI spousal support attorney ensures you understand your rights under state law and are aware of the legal action you can take to stop alimony payments when it is appropriate. The court recognizes that circumstances can change post-divorce, and for that reason, decrees can often be modified or terminated.
How Does Cohabitation Impact Spousal Support in Michigan?
If you are making alimony payments to an ex-spouse, and they remarry, the payments usually automatically stop. Cohabitation, which specifically refers to living with a romantic partner, does not affect spousal support in the same way, but it can signal grounds for modifying or ending the decree.
How Do You Start the Divorce Process in Michigan?
Navigating the divorce process looks different for every couple. Do you own many assets together or share minor children? Were you married for a long time or only a short period? Many factors can complicate the process and affect where you want to begin.
Regardless of which matters are the most important to you personally, every divorce formally starts with filing. After that, whether or not you and your spouse can agree on the terms of your divorce will significantly impact the cost and length. Consider some basic elements that can affect the divorce process, and reach out to an experienced Oakland County, MI divorce attorney to find out more about your rights and needs.
What Are the Requirements for Divorce in Michigan?
To file for divorce in Michigan, at least one of you must be a resident of the state for 180 days before filing and one of you must live in the county where you plan to file for at least 10 days. The only exception is for couples with minor children and a credible fear that one spouse will try to leave the country with the children. When that is the case, you may be able to file before the 10 days if you are afraid your spouse may leave the country with the children.
Can You Modify a Parenting Time Schedule in Michigan?
Parenting time orders are a standard part of child custody, and in Michigan, they are not set in stone. If you have had a change in circumstances that warrants an adjustment to the schedule you share with your co-parent, you have legal options for seeking that modification. Several factors can complicate the process, but working with a Northville custody attorney ensures you understand your rights and the steps required to seek modification.
Do You Have To Go to Court To Modify Parenting Time in Michigan?
In Michigan, you have three options for modifying parenting time:
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Working it out with your co-parent: If you have discussed the necessary change to the parenting time schedule with your co-parent and they agree, you can request a meeting with the Friend of the Court to prepare a consent order based on your agreement.
Can a Recorded Conversation Be Used as Evidence in Michigan?
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.
Can I Challenge My Ex’s Relocation Request in Michigan?
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.
Changing a Child Support Order in Michigan
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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