When Does a New York Prenuptial Agreement Become Effective?

When does a New York prenuptial agreement become fully effective? In these recent New York cases, the Courts make it clear. In Fort v. Haar, 2022 NY Slip Op 66449 [1st Dept. 2022], despite the fact that the couple’s prenuptial agreement indicated that it became effective on ‘consummation’ of the marriage, the New York AppellateContinue reading “When Does a New York Prenuptial Agreement Become Effective?”

Why Temporary Change to Parenting Time Due to COVID-19 Does Not Change Custodial Environment

During the height of the Covid-19 pandemic some parents agreed to temporary changes in parenting time out of fear that the children would be exposed to the virus. The parent who ended up with less time may be faced with the question of whether this agreement was meant to be temporary or long lasting, whenContinue reading “Why Temporary Change to Parenting Time Due to COVID-19 Does Not Change Custodial Environment”

What is the Burden of Proof in a Divorce & Family Law Case?

A ‘burden of proof’ is a party’s obligation to submit a certain amount of evidence to prove one’s desired result should occur in a matter during a hearing or at trial. Most people are familiar with the burden for criminal trials which is ‘beyond a reasonable doubt.’ What are the burdens of proof in familyContinue reading “What is the Burden of Proof in a Divorce & Family Law Case?”

What are the Michigan Adoption Factors Used to Determine Whether an Adoption is Granted?

In a Michigan Adoption the Court evaluates whether to grant a adoption using certain factors which are similar to the best interests factors in child custody. Similar to custody cases, these factors focus on the best interests of the adoptee foremost and are codified in MCL 710.22(g): (i) The love, affection, and other emotional tiesContinue reading “What are the Michigan Adoption Factors Used to Determine Whether an Adoption is Granted?”

Must Michigan Courts Grant a De Novo Hearing Upon Request?

After a referee hearing in Michigan child custody matters litigants usually have the right to request a new hearing before the Judge assigned to the matter if they are not satisfied. What happens if that request is denied? Do litigants have a leg to stand on in an appeal? In a recent Michigan case, ButtersContinue reading “Must Michigan Courts Grant a De Novo Hearing Upon Request?”

Why Moving A Child is Not Just About Best Interests

When you have a child with someone who does not share their life with you, challenges arise. Just because a parent has primary custody of a child does not mean that they can move wherever they want, whenever they want. The other child’s parent has a right to live within reasonable distance of the childContinue reading “Why Moving A Child is Not Just About Best Interests”

What is a Domestic Partnership Agreement?

A Domestic Partnership Agreement may seem appealing to couples who do not want to walk down the aisle in that in some ways it can simulate a marriage with the associated rights. What are the main characteristics of such an agreement? Upon separation, the parties must abide by the terms of the agreement or otherwiseContinue reading “What is a Domestic Partnership Agreement?”

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”