Michigan is a “no-fault” divorce state, meaning that the spouse filing for divorce doesn’t have to prove adultery, abandonment, cruelty, drunkenness or any other specific reason. The filing spouse only has to allege that “there has been a breakdown of the...
Family Law
Can A Third-Party Obtain Legal Custody Of A Child In Michigan?
Third-party custody can occur when the biological parents are unwilling or incapable of providing care to their children and the court awards custody instead to someone else such as grandparents, stepparents, relatives or even friends who have a relationship...
Does The Stay-At-Home Parent Have An Advantage In Custody And Parenting Time Decisions In Michigan?
It is not uncommon in many families for one parent to be the breadwinner that has employment outside of the home generating income that supports the family and the other parent to stay at home and raise the children. When families end up dissolving due to...
Can Corporal Punishment Affect Custody And Parenting Time Decisions In Michigan?
Corporal punishment as a disciplinary method for children is a controversial topic that divides experts, psychologists and even parents themselves. This encompasses spanking, slapping, pinching, hitting with a belt or a stick, and even forcing a child to...
Can The Custodial Parent Move Away With The Minor Child In Michigan?
Divorce and separation can create a difficult situation for parents. A child who once lived in both parent’s house on a full-time basis now must divide his or her time between each parent’s home. Sometimes, the parents share joint physical custody and the...
What Is Considered “Separate Property” In A Divorce Proceeding In Michigan?
One of the most important aspects of a divorce proceeding is the division of the property. A married couple can spend many years accumulating wealth and items of both material and sentimental value. However, before a court can consider the division of marital...
Do I Have To Pay Child Support While I Am Incarcerated In Michigan?
The obligation to pay child support does not automatically stop just because the payer is incarcerated. There are horror stories of inmates who have served 10 years in prison and paid their debt to society only to be released and discover that they have...
Can A Spouse Inherit From The Decedent If Death Occurred During Divorce Proceedings In Michigan?
A surviving spouse has significant inheritance rights when it comes to the deceased spouse’s estate. Even if that spouse was disinherited in the decedent’s last will and testament, he or she may still be able to claim a spousal election against the terms of...
How Does The COVID-19 Emergency Affect Custody And Parenting Time Orders In Michigan?
On March 10, 2020, the State of Michigan identified the first two presumptive-positive cases of the novel coronavirus (COVID-19) in its borders. That same day, Governor Gretchen Whitmer issued an executive order declaring a state of emergency based on her...
Can A Parent Be Required To Pay Support After The Child Turns 18 Years Old In Michigan?
It is well known that a child becomes an adult at age 18 and acquires the freedom to make his or her own decisions. If the child was bound to follow a custody or parenting time order between his or her parents, then that obligation terminates upon the child's 18th...
