The Difference Between a Prenuptial vs Postnuptial Agreement

If you are already married and wish you had a prenuptial agreement is not too late. Prenuptial and postnuptial agreement both govern the distribution of property at the time of divorce and may also be drafted to compliment an estate plan. The difference between these two types of agreements is basically consideration and when theContinue reading “The Difference Between a Prenuptial vs Postnuptial Agreement”

Why You Don’t Need to be on Your Spouse’s Title to Own Their Property

In the event of a divorce, the legal concept of Equitable Distribution protects the right of the non-titled spouse to own a piece of their spouse’s property in consideration of their contribution to the economic partnership of the marriage. The end result is that the non-titled spouse who has contributed is taken care of financiallyContinue reading “Why You Don’t Need to be on Your Spouse’s Title to Own Their Property”

The Importance of Ex Parte Filings Against A Violent Party in Family Court Proceedings

Usually when a party files a motion or some kind of petition or complaint to initiate a case, one must notify the opposing party before one obtains the order they are seeking. The courts recognize that sometimes just filing the initiating document can be unsafe especially in the context of personal protection orders and someContinue reading “The Importance of Ex Parte Filings Against A Violent Party in Family Court Proceedings”

When Can’t a Parent Adopt their Child or Give up their Child for Adoption in Michigan?

The public policy of Michigan Adoption law is that it is intended to sever past family relationships to form new ones. It is not intended as a way to circumvent Michigan child custody laws. Several scenarios help to explain why. If a father seeks to adopt their biological child and the court determines he shouldContinue reading “When Can’t a Parent Adopt their Child or Give up their Child for Adoption in Michigan?”

What is the Difference between UCCJEA and UIFSA?

The UCCJEA and UIFSA are Statutes that apply to multi-state jurisdictional issues involving children. UCCJEA stands for Uniform Child Custody Jurisdiction and Enforcement Act. UIFSA stands for Uniform Interstate Family Support Act. These acts allow for joint cooperation between the States that have adopted it. UCCJEA governs a State’s right to modify or enforce anContinue reading “What is the Difference between UCCJEA and UIFSA?”

The Difference Between a Michigan Conservatorship and Guardianship Petition

Both Conservatorships and Guardianships give you authority to manage an incapacitated adult or minor child’s affairs but they cover different spheres of the person’s life. Generally, Guardianships are reserved for helping the person to manage their health affairs while Conservatorships are for managing that person’s finances.  Both Conservatorships and Guardianships carry with them a dutyContinue reading “The Difference Between a Michigan Conservatorship and Guardianship Petition”

When Can You Obtain A Michigan Personal Protection Order?

Here are the basics of who is really entitled to an order of protection in Michigan. Michigan Courts may issue three types of personal protection orders (“PPO”). Only one type requires that the parties have had a domestic relationship:  A Domestic Relationship PPO enjoins certain assaultive and threatening behavior if the petitioner has or hadContinue reading “When Can You Obtain A Michigan Personal Protection Order?”

How do Michigan Courts Resolve Pet Custody in Divorce?

Courts in various jurisdictions have come to recognize that pets are more than just property, they are a member of the family. Although Michigan Courts are not among the most progressive in the area of pet custody, pet owners can still find other ways to retain custody and visitation with their pet. Michigan courts stillContinue reading “How do Michigan Courts Resolve Pet Custody in Divorce?”

Should I Get A Divorce? Answers from A Divorce Lawyer

I’m a divorce lawyer. So that means I should have all the answers about Divorce, right? No. In fact I can’t tell you whether or not to get a divorce. In fact it would be a fraud on the court and serious breach of ethics for any attorney to advise you to get a divorce.Continue reading “Should I Get A Divorce? Answers from A Divorce Lawyer”

How Do Michigan Courts Determine Child Support?

A Michigan child support obligation includes payment for the general care and needs of a child (base support), medical support and child care expenses. The Michigan Courts follow a formula to determine child support which considers each parent’s incomes, the amount of time the child spends with each parent and the child’s medical and childContinue reading “How Do Michigan Courts Determine Child Support?”