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?”

When Can A Grandparent Seek Child Visitation Rights in Michigan?

Be nice to your mother-in-law. Pursuant to Michigan Law [MCL 722.27b], in certain circumtances, grandparents may ask the court for visitation rights. Michigan Courts may allow a grandparent to seek parenting time if one of the following circumstances applies: an action for divorce, separate maintenance, or annulment involving the child’s parents is pending before theContinue reading “When Can A Grandparent Seek Child Visitation Rights in Michigan?”

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”