By David R. Dawson | Published April 15, 2022 | Posted in Divorce | Tagged Tags: evictions, marital home, property rights, tenancy, title | Comments Off on Can Your Spouse Have You Evicted from the Home During Divorce?
Can Your Spouse Have You Evicted from the Home During Divorce?
Divorce ultimately results in the ex-spouses having separate households. A common question is whether one party can retain possession of the marital home while the divorce proceedings are pending. Except in rare cases, one divorcing spouse cannot just kick the other spouse out of the house on their own accord. However, one spouse may be Read More
Read MoreOptions for Enforcing Child Support Orders in Michigan
Ensuring that minor children have adequate care and support after a divorce or separation is a primary function of the Michigan family courts. Unfortunately, some parents fail to meet their child-support obligations by not paying in full or on time. When this happens, the parent with primary custody of the child has several tools available Read More
Read MoreCan One Divorcing Spouse Be Made to Pay the Other’s Legal Fees?
Michigan, like most other U.S. states, follows the rule that litigants in civil cases are generally responsible for paying their own attorneys’ fees. However, in exceptional circumstances, the payment obligation can be shifted from one party to another. In divorce or separation cases, this can occur when one spouse is at a significant financial disadvantage Read More
Read MoreUseful Steps to Take in Preparing for Divorce
Divorce can be emotionally and financially draining even when ending the marriage is in the best interests of everyone. Dissolving a marriage can have long-term legal and financial implications for the spouses and any minor children. Some careful preparation can help make the process smoother, less taxing and more likely to have a productive outcome. Read More
Read MoreWorking Out Plans Under Michigan’s New Parenting Time Guidelines
Between work, school and extracurricular activities, it’s common for parents and children to have busy calendars. When family members don’t all live in the same household, parenting time must be scheduled to achieve a fair balance. The Michigan State Court Administrator’s Office recently published parenting time guidelines meant to assist parents with creating schedules that Read More
Read MoreWhat Happens if a Spouse Dies or Becomes Incapacitated During a Divorce?
Divorce cases can take a long time from commencement to conclusion, depending on the complexity of the issues and whether the parties can reach a settlement agreement. Sometimes, a spouse might pass away or become incapacitated before the divorce is finalized. This means the marriage remains in force and the rights of the surviving spouse Read More
Read MoreWhat is the Role of the “Friend of the Court” in a Michigan Divorce?
Disputes over child support, custody and parenting time frequently arise in divorce cases. In Michigan, when parents cannot reach an agreement regarding these issues, the judge deciding them may get assistance from a “friend of the court” (FOC), a court-appointed official who can play a pivotal role in a divorce case. The duties of the Read More
Read MoreWhat Special Issues Arise in a “Gray Divorce?”
The divorce rate of people over 50 years old has been steadily climbing over the last 30 years. In fact, researchers believe it will triple by 2030. Commonly referred to as “gray divorce,” a marriage dissolution later in life can give rise to certain issues that are not relevant for younger couples. The increase in Read More
Read MoreProtecting Your Business When You Divorce
In a divorce, all property acquired by either spouse during the marriage is subject to equitable distribution. This may include a stake in a business that you own yourself or with partners. Regardless of how the ownership is titled, a court may treat your business interest as marital property, which means that your spouse may Read More
Read MoreWhat Happens to Your Inheritance When You Divorce?
During the course of your marriage, you may have suffered the loss of a parent or other family member and received an inheritance. Under Michigan law, an inheritance is normally considered the individual property of the spouse whose relative died. This is an exception to the general rule that any asset acquired by either spouse Read More
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