By David R. Dawson | Published December 30, 2023 | Posted in Divorce | Tagged Tags: equitable distribution, marital property, misconceptions about divorce | Comments Off on 10 Common Misconceptions About Divorce in Michigan
10 Common Misconceptions About Divorce in Michigan
Most people understand the basic concept of divorce as a legal dissolution of a marriage. There is certainly no shortage of news about high-profile divorces and their vivid details. But the average person, in Michigan as elsewhere, may still harbor certain misconceptions about the divorce process. If you’re contemplating the end of your marriage, it’s Read More
Read MoreWhen Can Inherited or Gifted Property Be Divided in a Michigan Divorce?
One of the most potentially contentious issues in a divorce is the division of property. Michigan, like many other states, typically follows the principle of equitable distribution, which treats the property that either spouse acquires during the marriage as being jointly owned. A notable exception is property that was individually inherited or gifted. However, this Read More
Read MoreThe Do’s and Don’ts of Prenuptial Agreements in Michigan
Prenuptial agreements, also known as premarital agreements, have gained increasing popularity in recent years as more couples enter marriages with their own financial interests and assets. Prenups allow individuals to outline the terms of property division, spousal support, debt management and other issues, thereby avoiding disputes and uncertainties should the marriage end. However, it’s important Read More
Read MoreWhat to Look for When Hiring a Lawyer for Your Michigan Divorce
Navigating a divorce can be an emotionally and legally trying process, and one of the most critical decisions you’ll make is choosing the lawyer who will represent your interests. A capable lawyer can take the workload off your shoulders so that you can focus on other things that are important, like supporting your family and Read More
Read MoreBad Behaviors That Can Make Your Divorce More Difficult
Contested divorces are never pleasant or easy. Some spouses engage in inappropriate, disruptive or even illegal behavior during divorce proceedings. Misconduct rarely benefits the person acting badly and typically makes the divorce process more difficult and costly. The following five bad behaviors are all too common and should be scrupulously avoided: Weaponizing children — Divorcing Read More
Read MoreSpecial Concerns for Dividing Retirement Accounts in a Divorce
Dividing property is an aspect of most divorces, especially for marriages of several years’ duration. Among the most substantial assets that spouses accumulate are retirement savings, such as pension benefits, individual retirement accounts (IRA), 401(k)s and deferred employee compensation packages. These benefits, to the extent they are earned during the marriage, are subject to being Read More
Read MoreHow Can a Child’s Preference Affect a Custody Determination?
The overriding priority in a child custody determination is promoting the child’s best interests. In Michigan, judges consider multiple factors to evaluate what arrangement most effectively serves that purpose. One factor that may be taken into account is the child’s own preference for living with one parent or the other. However, there are limitations on Read More
Read MoreWhat Are the 10 Steps to a Michigan Divorce?
A divorce, like any type of court case, must follow certain procedures. Depending on whether the divorce is agreed to or contested, the process can be simple and quick or complex and protracted. If you’re planning to dissolve your marriage, you can make reasoned decisions based on having an understanding of what procedural steps lie Read More
Read MoreHow Does a Past History of Substance Abuse Affect Your Getting Custody of Your Child?
If you and your spouse cannot agree on a parenting arrangement, a judge will decide on child custody based on the best interests of the child. That includes determining with which parent the child will live most of the time. The decision will be based in part on your perceived fitness as a parent and Read More
Read MoreRelocating With Your Child After a Divorce: Understanding the 100-Mile Rule
After a divorce, you are finally ready to move on with your life. You have some freedom now that you did not have before, including the option of moving to a new home. If you have children with your former spouse and are subject to a child custody order, there are legal limits on how Read More
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