What Factors Does A Michigan Court Consider in Awarding Spousal Support?

A Michigan Court may award spousal support if it is just and reasonable in a case where the property award is insufficient to properly support a party and the children in the custody of that less monied party. The Court must consider “the ability of either party to pay and the character and situation ofContinue reading “What Factors Does A Michigan Court Consider in Awarding Spousal Support?”

What is Michigan’s Criteria for Awarding Child Custody?

Michigan Courts follow a certain analysis to determine which parent the Court should award child custody to. Joint custody is not always the best option because many parents are unable to co-parent. The Court begins its analysis by determining whether the child has an established custodial environment which the child has grown used to, thenContinue reading “What is Michigan’s Criteria for Awarding Child Custody?”

An Action for Separate Maintenance as a Divorce Alternative in Michigan

An action for Separate Maintenance is a family law legal action available in the State of Michigan. This action allows a married person to potentially obtain spousal maintenance, child support, an order for division of marital assets and resolution of parental custody and access time, but still remain married. Who would want to do this?Continue reading “An Action for Separate Maintenance as a Divorce Alternative in Michigan”

The Importance of Fairness in Michigan Prenuptial Agreements

Under Michigan Law, fairness of the prenuptial agreement is a must. General conract law applies as well as family law. In reviewing a prenuptial agreeement, in the event of a divorce, a Michigan Judge may void the agreement if it does not pass their smell test for fairness. Several ways to overturn a Michigan PrenuptialContinue reading “The Importance of Fairness in Michigan Prenuptial Agreements”

Expansion of New York Court Operations

There is a light at the end of this tunnel. Litigants can expect to see more expanded court operations moving forward. For now, as of May 4, 2020, the New York Courts are now offering the following expanded services: Expanded Motion Practice: New Motions and responses to existing motions can be filed in Courts regardlessContinue reading “Expansion of New York Court Operations”

New York Virtual Marriage Ceremonies in the Age of Social Distancing

The Corona Virus Pandemic has disrupted our lives in many ways. For example, for the first time in history, no one was able to get married. Once the New York shelter orders were put in place, the clerk’s offices were closed and officiants were unable to meet couples in person, as required, to officiate weddings.Continue reading “New York Virtual Marriage Ceremonies in the Age of Social Distancing”

Limited Matters the New York Family Court will Address in the COVID-19 Pandemic

Unless you have a pending matter in the Courts, you may not know that the Courts are not fully open for business. There are only limited emergency matters the Courts will address during the current COVID-19 lockdown. Although divorce is not one of them, you can negotiate a stipulation of settlement and related agreements inContinue reading “Limited Matters the New York Family Court will Address in the COVID-19 Pandemic”

Why A Child Cannot Have More Than Two Legal Parents in New York

We live in the age of expansion of parenting rights but the question of whether a child can have more than two legal parents has been shot down. New York law requires some kind of biological or firmly established legal connection between a prospective parent and their child. If a child already has two legallyContinue reading “Why A Child Cannot Have More Than Two Legal Parents in New York”

Why the Movie Marriage Story Is a Must See For Anyone Considering A Divorce

I didn’t want to watch a movie about divorce because, being a divorce lawyer, it’s like bringing my work home. However, I decided to watch the movie Marriage Story, starring Adam Driver and Scarlett Johansson, because so many people have asked me if I had seen the movie. My verdict is that it is aContinue reading “Why the Movie Marriage Story Is a Must See For Anyone Considering A Divorce”

When Can A New York Court Override A Foreign Order to Protect A Child?

Generally New York Courts defer to child custody orders set in place by a foreign jurisdiction which is the child’s home state. However, in the event of an emergency where there is a threat to the child’s welfare, the New York Court will intervene.  Under Family Court Act Section 76C, the New York Court willContinue reading “When Can A New York Court Override A Foreign Order to Protect A Child?”