Does it Matter Who Files First in Divorce?

Some litigants rush to be the first to file for divorce believing that it matters to a court. The truth is that Judges are experienced and they know better than to trust a litigant’s story just because they grabbed the ‘Plaintiff’ label first. The biggest mistake that these rush filers make is that they haveContinue reading “Does it Matter Who Files First in Divorce?”

Who Are Mandated Reporters?

Michigan law mandates certain professionals to report suspected child abuse or neglect to Child Protective Services (“CPS”) when they have “reasonable cause to suspect child abuse or child neglect.” MCL 722.623(1)(a)–(b). Mandated reporters are required to report child abuse, including sexual abuse, when the suspected perpetrator is a parent, legal guardian, teacher, teacher’s aide, or otherContinue reading “Who Are Mandated Reporters?”

Why Cohabitation Does Not Entitle A Party to Equitable Distribution or Spousal Support

It is important to understand the importance of what some couples may consider “just a piece of paper.” The State of Michigan does not generally recognize common law marriage. Therefore, it is important to be legally married to ensure a partner is entitled to spousal support or equitable distribution earned from years of participating inContinue reading “Why Cohabitation Does Not Entitle A Party to Equitable Distribution or Spousal Support”

Why Prior Acts are Admissible in Personal Protection Order Proceedings

Usually in a criminal case, the prior acts of the accused are not admissible. However, domestic matters are different. In proceedings to obtain a Personal Protection Order, Michigan Courts find the history of the parties’ relationship relevant. MCL 600.2950 and 750.411h requires a Michigan court to consider the prior incidents when considering a new incident.Continue reading “Why Prior Acts are Admissible in Personal Protection Order Proceedings”

Key Issues to Review in Splitting of Retirement Assets in a Divorce

Different types of assets require different types of considerations in a divorce proceeding. Splitting retirement assets requires professional advice for a number of reasons. Depending on the type of retirement plans, different rules and laws apply. It is important to consult professionals when deciding how to divide asset in a divorce because tax implications mayContinue reading “Key Issues to Review in Splitting of Retirement Assets in a Divorce”

Can Michigan Courts Decide Physical and Legal Custody Differently?

Michigan Child Custody Law requires Michigan Courts to issue specific decisions on which parent will have physical and legal custody of the children. Physical Custody typically means which parent the children spend most of their time with. Legal Custody is concerned with which parent has the right to make significant life decisions in a child’sContinue reading “Can Michigan Courts Decide Physical and Legal Custody Differently?”

Can A Child Obtain An Order of Protection Against A Parent?

What are the restrictions on issuance of an order of protection between a parent and child? Can a child obtain an order of protection against their parent? Can a parent obtain an order of protection against their child? Here are the limitations imposed on the Courts by Michigan Law. According to MCL 600.2950(26)(b) a CourtContinue reading “Can A Child Obtain An Order of Protection Against A Parent?”

Can Cryptocurrency be Considered A Marital Asset?

Holders and issuers of cryptocurrency such as Bitcoin, Ethereum and non-fungible tokens (“NFTs”) have been made such loud cries for legitimacy that they have now become the target of the IRS. For the first time, the IRS will require owners of such assets to declare whether they own cryptocurrency by checking a box on theirContinue reading “Can Cryptocurrency be Considered A Marital Asset?”

Gigi Hadid v Zayn Malik, Who Will Win Custody?

It appears that supermodel Gigi Hadid may file her case for custody against musician Zayn Malik in the New York Courts. The couple most recently broke up after an altercation between Zayn and Gigi’s mother, Yolanda. In October Gigi’s mother, pressed charges against Zayn for an alleged verbal and physical altercation which occurred between themContinue reading “Gigi Hadid v Zayn Malik, Who Will Win Custody?”

How Parental Rights Can Be Terminated for Exposure to Child Abuse

Michigan Courts take a strict view of parents who commit child abuse but also if a parent was not at fault for the child abuse in certain circumstances. Michigan Courts always look to the best interest of the child, not the parent. Pursuant to a recent Court of Appeals decision, MCL 722.638(2) does not limitContinue reading “How Parental Rights Can Be Terminated for Exposure to Child Abuse”