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Southfield Divorce Attorneys Protecting Men’s Rights in Family Law Cases
The American Divorce Association for Men (ADAM) in Southfield, Michigan is a group of highly qualified divorce attorneys for men who advocate for men’s rights in divorce, child custody and parenting time, paternity, alimony/spousal support, property division, post-judgment modification and other family law matters. Since 1988, we have provided aggressive diligent, and uncompromising representation to our clients. We come to court prepared with sound legal strategy, knowledge of the facts and the courage to stand up for our client’s rights.
Men involved in family law disputes need strategic guidance. Our decades of experience have equipped us with the knowledge needed to help fathers and husbands navigate common problems experienced during divorce. We have dedicated our careers to being the leading family law firm for men in Michigan. Our approach is founded on listening, being responsive, keeping our clients prepared and informed, and understanding their priorities and concerns.
If you are facing any type of family law matter, call (248) 290-6675 for a free phone consultation with a family law attorney who is experienced and understanding of men’s issues.
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Knowing what to expect is the key to a stress-free separation or divorce. Make sure you’re prepared by reading these simple divorce and separation guides created by our experienced attorneys. This information is absolutely FREE. There is no obligation and downloading these guides does not constitute a legal agreement of service.
How Are Men Treated in Family Court?
Men face unique challenges in family law cases. It is no secret that courts too often rule in favor of mothers in spite of the fact that the law is supposed to be neutral. Old school thinking that women are inherently more suited to raise children needs to be challenged on every front. In the same way, the need for financial support and ability to pay that support needs to be based upon common sense. Men shouldn’t have to pay unjust support amounts. In fact, men should be just as entitled to receive support when the facts warrant it. Husbands and fathers facing family issues must demand to be treated fairly by the courts, and our attorneys are here to help them.
For over three decades, the American Divorce Association for Men has fought for the rights of men during the most challenging moments of their lives. We believe in fighting for those who otherwise are at an unfair disadvantage in the courtroom. Our attorneys have the experience needed to be successful on all fronts—we are aggressive negotiators and even fiercer litigators should your case go to court.
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How Can Our Family Law Attorneys For Men Help?
Family law cases affect every aspect of a man’s life. Poor representation will erode a man’s financial security, property, and his relationship with his children. ADAM fights to give clients a chance to protect their future and move on with their lives.
No case is the same, which is why we tailor our approach to every case with the needs of our client in mind. Men deserve to be represented fairly in court, and no one should be forced to receive the same recycled representation that other firms fall into the habit of using. We strive to avoid confusion with communication and will make sure to pursue your needs and demands through every step of the way. Settlements are always preferred, but ADAM won’t hesitate to take your case to court if the other party is not being fair to your needs.
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Financial Information Disclosure In Divorce
The complete disclosure and exchange of financial information between the parties to a divorce is necessary for the parties to reach an equitable property settlement. In the past, this information was exchanged through the use and abuse of the discovery process, with attorneys preparing pages and pages of interrogatories,...
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Screens and Settlements: The Digital Shift in Family Law
Remote hearings and the use of the ZOOM app by the courts is not going away any time soon. The toothpaste is not going back into the tube on this fundamental change to the practice of law. During the COVID-19 pandemic beginning in 2020, when the world shut down, the...
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What Are Common Challenges Men Face in Family Law Appeals?
Fighting Back When the Court Gets It Wrong Men frequently face challenges when navigating the family court system. It often feels as if women are given the benefit of the doubt, and men are left dealing with the outcome. However, seemingly unfair rulings are not always the end of the...
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What Rights Do Fathers Have When Seeking to Modify Custody or Support Orders?
Facing a Stacked Deck in Family Law Any father who has gone through the family court system is acquainted with the feeling of lost control. All you want is what's best for your child, but it often seems as if the courts prefer to rule in favor of the mother....
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Judgment Modification: How Men Can Request Changes to Family Law Orders
Men in Family Courts: An Unfair and Uphill Battle American courts and legislatures have prided themselves on taking a more equitable view of family law in recent years. Unfortunately, this metaphorical patting on the back doesn't always equate to reality. For instance, mothers overwhelmingly receive custody more than fathers. Fortunately,...
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How Can Fathers Maximize Their Parenting Time in Child Custody Agreements?
How is Child Custody Decided in Michigan? Regardless of the parent's gender or status, a family law judge is expected to decide custody matters based on what they deem to be the most beneficial for the child's well-being, upbringing, education, and interests. Several factors may come into play when deciding...
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Title: How Can Prenuptial Agreements Benefit Men Financially in the Event of Divorce?
Have You Considered Signing a Prenuptial Agreement? First, what is a prenuptial agreement (also known as a prenup for short)? Prenuptial agreements are legally binding contracts between individuals who intend to be married. This marriage agreement covers various issues, including financial matters, and outlines how these issues will be handled...
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Modifications and Enforcement of Parenting Time Orders in Michigan
Parenting Time Orders: Making the Law Work for You No one hopes for a situation where spending time with their children has to involve the legal system. Unfortunately, this is the reality for countless parents who share child custody with another party. Even worse, problems often arise in these situations....
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Can Unmarried Parents in Michigan Seek Custody and Support Similar to Divorced Parents?
Divorce Sometimes Actually Simplifies Family Law The end of a relationship is never an enviable position to be in. However, things are much more complicated when children are involved. Married couples find some level of simplicity when splitting — because both typically have rights over their child. This raises the...
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How Does Domestic Violence Impact Divorce and Custody?
Domestic Violence: A Driving Force in Divorce and Child Custody Family law issues are always difficult to go through. Emotions are typically high, and people who once cared for each other find themselves at odds. Unfortunately, issues become even more problematic when someone makes allegations of abuse. In fact, domestic...
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Financial Implications of Divorce: Asset Protection and Management
The Financial Consequences of Divorce Divorce can be an emotionally and financially challenging time, often leaving individuals feeling overwhelmed and unsure of how to protect and manage their assets. However, with the right information and strategies, you can confidently navigate this complex process and emerge financially secure. In this comprehensive...
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Understanding Fathers’ Rights in Family Relocation Cases
The Rights of a Father in Family Relocation Cases Family relocation cases can be emotionally and legally complex, especially for fathers. When one parent wishes to move with the child to a new location, it can significantly impact the non-relocating parent's ability to maintain a strong relationship with their child....
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How is Property Divided During a Divorce in Michigan?
Is Michigan a Community Property State? In community property states such as Wisconsin, California, and Arizona, marital assets are divided as close to 50/50 as possible. Michigan is not a community property state. We are an equitable distribution state, or what is called a dual property state, dual because there...
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What is the Process for Changing Child Custody or Support Orders in Michigan?
Is it Possible to Modify Existing Child Custody and Child Support Orders in Michigan? In child custody agreements, family law courts believe that normalcy and the status quo are good for children. As always, family law judges must look out for the best interests of children when making child custody...
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What Can Be Included in a Prenuptial Agreement in Michigan?
What is a Prenuptial Agreement? A prenuptial agreement, also sometimes known as an antenuptial agreement, or a prenup, is a legally binding contract between two soon-to-be-married partners. Many people view prenuptial agreements as cold, unfeeling, and unromantic. In truth, by signing a prenuptial agreement, you are taking wise steps to...
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Is it Possible to Modify or Revoke a Postnuptial Agreement in Michigan, and Under What Circumstances?
What is a Postnuptial Agreement? Many people are familiar with prenuptial agreements (also known as prenups or premarital agreements). These are also sometimes called antenuptial agreements, which really only belongs in a JEOPARDY! question. With a prenup, two soon-to-be-married spouses can agree to terms for their marriage in the event...
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What Are the Key Considerations for Divorcing Couples With Shared Businesses in Michigan?
What Happens When Business Partners Divorce? If you and your spouse divorce in the State of Michigan, you will need the advice and services of a metro Detroit divorce lawyer from the beginning of the divorce process. If there is a dispute regarding marital assets and properties, your lawyer will...
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How to Get Domestic Violence Charges Dismissed
Navigating domestic violence charges can be a challenging and complex process. In this article, we'll explore three potential strategies that individuals facing domestic violence charges in Michigan can consider to seek dismissal of their case. Trial Preparation: If you believe you are wrongly accused or caught in a setup,...
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Common Law Marriage and Divorce in Michigan: What You Should Know
What is Common Law Marriage? There is no shortage of different types of families and domestic partnerships in the United States. One type of union that is not commonly recognized these days are common law marriages. A common law marriage is a (possibly) legal union between two adults who have...
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HOW TO AVOID LOSING CHILD CUSTODY
Divorce and child custody battles can be emotionally challenging and legally complex. To ensure you don't jeopardize your custody rights, it's essential to make informed decisions from the very beginning. Here are four key strategies to avoid losing child custody in your divorce or custody case: Don't Move Out...
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Is There a Standard Schedule for Holiday Visitation in Michigan?
What Are Parenting Time Schedules? 'Parenting time' is the term used to describe shared parenting arrangements in Michigan. The Michigan family courts will always attempt to act in the children's best interests. The courts believe in fostering a strong connection between a child and both of their parents and, whenever...
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Does Michigan Favor Mothers in Custody?
Who Gets Child Custody After the Parents Split Up? In all child custody cases, 'best interests' is the term you're going to hear the most. In Michigan, that is especially so. The Michigan courts list 12 factors which they call the 'best interest factors' that will be used to determine...
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What Are The Rules for Supervised Visitation in Michigan?
Why Would a Court Order Supervised Visitation? The family law courts have several responsibilities when deciding the legal outcome of Michigan divorces. A judge takes few duties more seriously than the future well-being of children whose lives have been disrupted by the family law court proceedings. Usually, a family law...
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How a Father Can Get Full Custody in Michigan
What Are the Primary Types of Custody in Michigan? There are two primary types of child custody in the state of Michigan: legal custody and physical custody. Legal custody is all about who makes the important decisions in a child’s life. These decisions include choices on health care, where to...
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Can My Child’s Mother Stop Me from Moving Away in Michigan?
What Happens if a Custodial Parent Wants to Relocate? Are you a divorced father who is contemplating moving to a new address? Do you have custodial rights or does your ex-spouse? And does it matter? Michigan law says (MCL 722.31) that a parent who has custody subject to a court...
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Can You Deny Visitation to a Non-Custodial Parent in Michigan?
How Is Visitation Handled By the Michigan Divorce Courts? Divorce is always a stressful and emotional time for all parties involved. However, sometimes, allocating visitation and parenting time to the non-custodial parent (in most cases, the father) may pose serious conflict and contention. In your parenting time agreement, the Michigan...
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A Guide to Unmarried Fathers’ Rights in Michigan
What Are Some Facts You Must Know As an Unmarried Father in Michigan? In Michigan, if you are unmarried and parent a child, then both the father and the child’s mother may face challenges as there are numerous statutes in the Michigan legislature regarding children’s rights. Michigan does indeed grant...
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A Guide to 50/50 Child Custody in Michigan(Part II)
As My Child's Father, Can I Get Joint Custody in Michigan? In Michigan, once your paternity is established, you, as the father, are then in a position to file a court case and obtain the same rights as the mother of your child. For example, these rights may include obtaining...
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A Guide to 50/50 Child Custody in Michigan
What Exactly Is 50/50 Child Custody in Michigan? If you are in the process of separating or divorcing from your child’s parent, you may be wondering how custody works. Specifically, you may also have heard about 50/50 custody, but you may not know what that means and whether it is...
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How Does Custody Work in Michigan If the Parents Were Never Married?
Who Gets Custody in Michigan When the Parents Are Not Married to Each Other? When a child is born to parents who are not and have never been married to each other, things can get complicated, especially for the father. In Michigan, as well as in most states, the single...
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How Is Child Support Determined if My Ex-Spouse Refuses to Work?
Child support is usually awarded based on each of the parents’ income. There is a special formula that judges use to come up with a sufficient amount to properly care for the child. But what happens if your ex-spouse refuses to work? Will you have to come up with their...
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At What Age Do Children Have a Say in Custody Arrangements in Michigan?
Are you wondering how old a child has to be to have a say in custody arrangements in Michigan? At first sight, this question may seem to have a straightforward answer. However, it’s not always so clear-cut. The key lies in exactly what is meant by the phrase “has a...
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Termination of Parental Rights in Michigan
The termination of parental rights is an extremely serious matter. The right of a parent to raise their children is a very basic and fundamental right. It is basically guaranteed, except under certain circumstances. So when that right is terminated, it can be very traumatic. There are two ways in...
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Contested vs. Uncontested Divorce: What’s the Difference?(Part II)
Divorce is something that you will want to be well informed about before you start. Any time you are ending a marriage you need to know your options before you start. Your particular situation may be peaceful or acrimonious. You may have a sense that you will be able to...
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Is a Postnuptial Agreement Enforceable in Michigan?
In Michigan, a postnuptial agreement allows you, as a married couple, to decide exactly how you will divide your property in the event one spouse dies, or you get a divorce. It can also predetermine the issue of spousal support or alimony. In this way, it performs the same function...
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What if I Suspect My Ex Is Abusing Our Child?
Finding out that your child has been abused, neglected, or otherwise mistreated in any way is one of the worst experiences a parent can have. It is only made worse when your ex, often the child’s other parent, turns out to be the one that was abusing them. Today we’re...
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Can You File For an Annulment in Michigan if Your Spouse Does Not Want One?
Marriages are tough at the best of times. But when a marriage is built from a foundation of lies and deceit, there is nothing there worth fighting to protect. In fact, a marriage built on lies and deceit is not a healthy marriage and chances are good it’s not even...
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What Should I Include in a Michigan Prenuptial Agreement?
Considering the fact that a prenuptial agreement can save you and your partner a lot of drama in the event of a divorce, it is something you should consider at length prior to your marriage. These agreements aren’t a one-size-fits-all type of arrangement but rather they should be drafted to...
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What Valuation Date Should You Use?
It is important to be knowledgeable when it comes to the valuation of assets in divorce. Specifically, the “when” on a value of an asset or debt can be important. In your divorce, you need the value of your retirement account, but what date should you look at? Last quarter...
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What Is the Statute of Limitations on Child Support in Michigan?
If you are extremely far behind with your child support payments, you may be wondering what the statute of limitations is on child support in Michigan. The same may be the case if the other parent owes you child support payments from way back. There is a simple and straightforward...
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Does Michigan Recognize Common Law Marriages?
If you are divorcing in Michigan, legally separating, or annulling a marriage, you’ll need to be advised and represented by a metro Detroit family law attorney. But what if your marriage is a “common law” marriage? What constitutes a common law marriage? Are common law marriages recognized in Michigan? What...
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What is Mediation?
Mediation is used regularly in divorce cases. Mediation is a form of alternative dispute resolution, so it is used as a method to resolve disputes through settlement. It is noteworthy that 98% of all divorce cases end up settled out of court, so the chances of doing something other than...
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Do You Have to Appear in Court?
You get a notice in the mail, it says something about a court hearing coming up. Do you have to appear at this hearing? You should probably assume, first of all, that any court hearing you receive notice of, you will be required to attend that hearing. Lawyers like to...
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How to Start a Divorce
What's involved with starting divorce? What can you expect at the beginning of a divorce case. You should first look at what your objectives and your goals are. So obviously divorce means you're going to go your separate ways, so you should give that some thought. Look at your options,...
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How Is Child Support Collected And Disbursed in Michigan?
When you get divorced, most parents want to ensure they provide their children with the financial and emotional support they need. At this critical and emotional time, your child needs support from both parents, even if you no longer live under the same roof. It’s vital that you, and your...
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How Is Spousal Support Calculated?
So you’re getting divorced, will you have to pay spousal support or alimony? First of all, alimony and spousal support, those are the same thing, they are synonyms. Michigan law refers to it as spousal support, people commonly also call it alimony. If you are going through a divorce, you...
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What Mistakes am I Making When I Divide My Property in a Divorce?
I met with a client recently, and he was having some trouble with figuring out how assets get divided, and how both assets and debts are treated in property division in a divorce case. The client came in, and he had a spreadsheet showing what assets he had. This list...
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Contested vs. Uncontested Divorce: What’s the Difference?
Divorce is something that you will want to be well informed about before you start. Any time you are ending a marriage you need to know your options before you start. Your particular situation may be peaceful or acrimonious. You may have a sense that you will be able to...
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Which is Best, Divorce or Separation?
It is important to understand the difference between divorce and separation. In Michigan there are two paths you can take when looking at separating from your wife. You can file for divorce, or you can file a complaint for separate maintenance. Separation is not what most people think it means...
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Should You Wait to File for Divorce?
Should you wait to get divorced? Is there going to be some advantage to postponing things, waiting for one of the kids to be out of school, waiting for the end of the year? There are always reasons to wait, wait until after someone’s birthday, or the next holiday, of...
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Are Divorce Courts Biased Against Men?
Do the courts favor women? Many have been through it or have heard horror stories from their friends or co-workers. Many men will claim that the family and divorce courts are favoring women. They claim that Michigan is a women's state when it comes to divorce, family law, custody, and...
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Should I Post to Social Media During My Divorce?
It is important to know what to do when it comes to posting on social media during a divorce. Our advice here at ADAM is that you should NOT post to any social media if there’s a divorce pending, if there’s a divorce about to happen or even if you...
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How Debts Are Treated in a Divorce Case
How are debts treated in a divorce case? Debts are a huge part of life and unfortunately throughout a marriage there are many ways to acquire debt. There are student loans, mortgages, credit cards, or car payments (either with leasing or purchasing one). As your marriage goes forward it’s very...
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How to Start a Divorce
So, what's involved with starting divorce? Your first step is that you want to be prepared. You want to prepare for what you're doing here, you want to have some sense of your goals and you don't want to be making rash decisions. Get a sense of what you think...
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Do I Have to Pay My Wife’s Student Loans?
Will you be responsible for your wife's student loans in your divorce? So if you are getting divorced, and your wife has student loans, or other debts, you will want to know how this affects you. Or, if you have student loans and debts in your name, you will want...
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How Does a Prenup Work with Premarital Property?
https://www.youtube.com/watch?v=hPHe6wcWRi8 How does a prenuptial agreement affect property division in a divorce case? If you have a prenuptial agreement, that's certainly a whole different set of rules, now you have a playbook that's supposed to be followed here to tell you who's going to get what as far as property....
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Are There Reasons Not to Get Divorced?
https://www.youtube.com/watch?v=dKWxSxhRROY Are there reasons not to get divorced? There certainly can be, and it’s a valid question if you're considering divorce and it has not happened yet. In other words, it is still up to you at this point. However, if it's something that you're contemplating, maybe there's some things...
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What is Separate Maintenance in Michigan?
Not every marriage works out. That’s just an unfortunate fact of life. It can be incredibly difficult for two people to overcome their differences and problems in order to stay together. However, divorce isn’t always the best option for this couple. For some, it might be better to consider separating,...
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How Do I File a Restraining Order in Michigan?
Has your partner begun threatening you with violence? Have you noticed somebody stalking you when you go out? Is the other parent of your child behaving in a manner that scares you? If you answered yes to any of these questions, then you probably will want to know more about...
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What Should You Include in Your Postnuptial Agreement in Michigan?
Marriage is hard. There’s no way around it. A healthy marriage takes effort and work. But, of course, it is incredibly rewarding. One way that marriage can be made a little easier is to consider writing a postnuptial agreement. Just what is a postnuptial agreement? We’ll look at that, and...
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How Do You Get an Annulment in Michigan?
Marriage is supposed to be a blissful experience, one that leaves both parties involved better for having met and joined together. But this isn’t always the case. We all know that some marriages end in divorce, but what do you do when your marriage was started on rocky legal grounds?...
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How Can I Win a Change of Custody Case in Michigan?
Life is full of changes and so it is no surprise that a custody agreement made in the past could need to be changed. However, going about getting a custody modification in Michigan is not as straightforward of a process as you might have assumed it to be. In order...
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What is a “No Fault” Divorce?
In the state of Michigan, a no-fault divorce means that you don't need a reason to file for divorce. So, when filing for divorce you don't have to have a reason. Prior to 1970, you know it used to be you had to have a reason to get divorced or...
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How’s Debt Divided in a Michigan Divorce?
Divorce is a complicated process full of lots of bureaucratic hoops to jump through, not the least of which is the division of debt. Everyone understands that marital property is divided in a divorce but many people have the misfortune of overlooking martial debt when considering this division. Today we’ll...
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What Might a Postnuptial Agreement Entail in Michigan?
A postnuptial agreement is an agreement that a couple has entered into after getting married. Like a prenuptial agreement, the goal of a postnuptial agreement is to help spouses make their marriage work. Let’s take a closer look at what a postnuptial agreement entails in Michigan and why it can...
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When Can Alimony Be Altered in Michigan?
Alimony payments can cost a lot of money. It’s understandable that the law would seek to support lower-income individuals following a divorce. The change from being a housewife or a stay-at-home father to having to earn enough for shelter and food is not an easy one. It makes sense that...
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What Are the Laws Regarding Moving and Child Custody in Michigan?
Our Family Law office receives many questions from divorced parents regarding moving with their child. Generally speaking, unless both parents agree with allowing the child to move away with either parent, some steps and rules need to be observed. Failing to do so may quite easily affect one’s parenting schedule...
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When Is a Modification to My Child Support Necessary?
Even the best thought-out plans may require changes as the needs of your children evolve and either parent’s financial situation changes. When the amount of child support provided no longer matches the child’s basic needs, it may be possible to ask for an increase in child support. How child support...
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When Is Establishing Father’s Rights Important?
When a child is born to unmarried parents, it is important for the father to take the proper steps to be legally acknowledged as a biological parent. This is important for both the child and each parent, as most states give unmarried fathers rights in Michigan have the same custody...
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Do I Need a Prenuptial Agreement if I’m Not Rich?
Prenuptial agreements were traditionally used to protect the assets of the wealthy in case their new marriage goes wrong and ends up in divorce. Also known as a ‘premarital agreement’, it has become a popular choice for modern couples across all tax brackets. A prenuptial agreement can work as a...
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What is a “Change of Domicile” in Michigan?
If you are a divorced, custodial parent in Michigan and you intend to move out of state or move more than 100 miles from your current legal residence, in most cases, you must have the custody order modified. You’ll need the advice and services of a metro Detroit child custody...
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If You Are a Domestic Violence Victim, What Are Your Options?
Most domestic assaults are committed by males against females, but increasingly, men are also the victims of domestic violence. Anyone in Michigan – male or female – who is a victim of domestic violence should speak right away with a metro Detroit domestic violence attorney. hat is your legal recourse...
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What is a Postnuptial Agreement? Should I Have One?
Perhaps you already know that a prenuptial agreement dictates how marital assets and properties will be divided and allocated in the event of a divorce. Spouses-to-be should consider creating a prenuptial agreement with the help and advice of a metro Detroit family law attorney. If you’re already married, is there...
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Are Divorce Settlements Public Record in Michigan?
If you are divorcing or anticipating a divorce in Michigan, you are going to need help from the right metro Detroit divorce attorney. Getting a divorce is always a complicated legal process. It is always difficult emotionally, and if you are divorcing with children, it is hard on them too....
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Does Your Ex Need Your Permission to Introduce Your Children to A New Partner?
If you are a parent and you are divorcing in the State of Michigan, or if you are involved in a custody dispute, a child support dispute, or a dispute over visitation and parenting time after a divorce, arrange at once to discuss your situation with a metro Detroit family...
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What if Your Ex Won’t Stick to Your Parenting Plan?
Divorcing and divorced parents in the State of Michigan who are involved in a child custody, child support, or visitation dispute will need sound legal guidance and effective representation from a metro Detroit family law attorney. When parents get divorced, one result is a court-ordered arrangement for custody, child support,...
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What Medical Bills Are You Responsible for in a Divorce?
The divorce process resolves, at least temporarily, disputes between divorcing spouses regarding marital property and assets, spousal support, child custody, and child support. If you are divorcing in the metro Detroit area, you must be represented by the right Michigan divorce attorney. Both during and after a divorce, disputes can...
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Can You Date While You Are Going Through a Divorce?
If you divorce, you may have questions about whether you should date during the divorce.. You’re about to learn how dating may affect your divorce, but as every case is different, you will eventually need to seek personalized advice from a metro Detroit divorce attorney. Here in Michigan, everything you...
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How Does Covid-19 Affect Support Orders?
The Covid-19 crisis has had a devastating impact on the lives of citizens all across the world. For many of us, the crisis has resulted in economic damages such as lay-offs, or, in some cases, a complete loss of income. This is, understandably, an incredibly stressful situation, generating colossal concern,...
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How to Talk to Your Children About COVID-19
The COVID-19 pandemic has caused many people to stress and worry over many different issues. If you are the parent of minor children, you may be grappling with how to explain the state of the world to them. Here are a few tips to help you explain the current state...
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Top Tips For Co-Parenting During COVID-19: 5 Things to Do While the Courts Are Closed
The health and safety of your children are always your first priority. But what happens when this affects your parenting time? Efforts to minimize the spread of the COVID-19 (Coronavirus) pandemic are rapidly affecting every aspect of life. With the emergency closings of schools, businesses, daycare programs, and even courts,...
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Who Gets the Dog in the Divorce?
Michigan Law In today’s day and age, dogs are more than just property – they’re family. But Michigan law disagrees. Under Michigan law, animals are still considered personal property (such as furniture, golf clubs, or hunting gear) that should be equitably distributed based on the circumstances of the case. Unfortunately, “equitable” does not always...
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New Discovery Rules for Initial Disclosures: What Do I Really Have to Tell My Wife?
What is Discovery? The term discovery describes the pretrial process by which the parties “discover” information about each other and the details of the case. Effective January 1, 2020, Michigan Court Rules 2.301 and 2.302(A) require parties to serve initial disclosures. For domestic relations actions (i.e., divorce), this means the parties must serve a Verified...
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COVID-19 Emergency Court Closures
As you are likely aware, efforts to slow down and prevent the COVID-19 Coronavirus have begun to disrupt the normal order of daily life. However, our Attorneys and staff are here for you! Please click below to find out the latest on what is happening at the court in your...
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What is Abandonment?
What is abandonment and how does it apply in a divorce case? This question comes up quite frequently in our discussions with men who are considering divorce. In fact, it comes up way more than it should considering how infrequently it is actually an issue. The reality is that abandonment...
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Approaches to Valuing Marital Property
The issue of dividing property between spouses is one of the most contentious matters in a divorce case. In many cases, the parties accumulated a significant amount of wealth during the course of their marriage. It is important for men considering or currently going through a divorce to become familiar with Michigan...
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Modifying Parenting Time in Michigan
What Is Parenting Time? In a divorce case involving a minor child, the issue of custody and visitation is a central matter that requires resolution between the parties. Custody arrangements are ordered based on the court’s analysis of specific circumstances unique to each case concerning the best interests of a minor child....
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Lombardo v. Lombardo: Resolving Custody Disputes in Michigan
Custody in Michigan When parents of a minor child get divorced, one of the central issues in the ensuing legal proceedings involves determining the custodial rights and responsibilities of the parties.Generally, custody can be categorized in the following ways: Physical custody: An aspect of a custodial arrangement where one parent has the right...
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The Differences Between Divorce and Annulment
One of the customary marriage vows that a married couple pledges during their wedding ceremony involves a commitment to maintaining their union “until death do us part.” Vows like that signify the significance of the bond between married spouses. Although everyone understands that the bonds of marriage aren’t only broken...
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Establishing Paternity in Michigan
The legal parent-child relationship between mother and child generally arises when the mother gives birth to the child. Typically, one’s status as “birth mother” is either true or false at the time the child is born. However, the parent-child relationship between father and child is not as clear-cut. As a...
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Determining Income from Businesses in Support Determinations
How Income Is Determined for Domestic Support Determinations One’s responsibility to pay alimony or child support upon divorce depends on the respective financial conditions of the parties. When calculating a spouse’s child support obligations, Michigan courts will refer to a statutory formula that takes into account the relative income and financial resources of the...
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Can You Change the Terms of a Custody Arrangement?
Factors for Determining Child Custody Under Michigan law, child custody determinations require the court to assess what custody arrangement serves the child’s best interests. Under Michigan Compiled Laws (MCL) § 722.25, courts must consider several factors when determining the best interests of a minor child when deciding issues of child custody. The statutory...
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Getting the Most Out of Your Holiday Custody Schedule
Believe it or not, the holiday season is here. This can be the best time of year for taking a break from the usual things in life, and spending time with family and friends. The holidays can be really great, with the stretch between Thanksgiving and the New Year filled...
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Is a Good Divorce Better Than a Bad Marriage for Kids?
Should you stay in your marriage for your kids? It's tempting to think that a divorce is a bad idea, especially if you have children, and that staying together is better than any other alternative. If you are considering a divorce, there is certainly lots of research to indicate that...
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The Legal Consequences of Interfering with Custody Rights
Determining the custodial rights of divorcing or separated parents is one of the most difficult and emotionally charged issues a father can go through. Parents have a right to maintain a close and healthy relationship with their children. When a child’s parents have separated, those competing rights might appear to be at...
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Lessons Television Can Teach us About Divorce
Lessons from Fictional Portrayals of Divorce in General For some people, the only exposure they may ever have to the experience of getting a divorce may come from fictional portrayals of it on television. For years, divorce has been used as a plot device to create dramatic intensity for a story or...
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Fathers’ Rights in Assisted Reproduction Arrangements
What Is an Assisted Reproduction Arrangement? An assisted reproduction arrangement involves an agreement between individuals for using assisted reproduction technology (ART) to allow someone to have a child born from their genetic material. ART refers to methods of artificial reproduction using processes where human reproductive cells are combined in a...
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Grounds for Divorce & Annulment in Michigan
Many people may be familiar with divorces involving celebrities or other public figures based on “irreconcilable differences” through the news. However, recognizing such broad grounds for divorces was a relatively recent development in American legal history. Prior to the sweeping family law reforms of the late twentieth century, states only granted divorces...
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The Do’s and Don’ts of Pre-Nuptial Agreements
Pre-Marital agreements—commonly referred to as prenuptial agreements—are useful, but many people don’t take advantage of them. Some people consider the idea of planning how to divide assets in a divorce to be fatalistic, materialistic, or downright offensive. Others recognize that in most cases they are simply common sense. Although marriage...
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Qualified Tuition Plans and Child Support
What Are Qualified Tuition Plans? American society holds education in high esteem. Yes, costs of private school and higher education have skyrocketed with schools and universities having to adjust to the rising costs of staffing, student housing, campus amenities, and other factors. As a result, saving for private school and...
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Health Considerations for Men Going Through Divorce
As important as health is, men are notoriously bad at taking care of it. In fact, personal health often gets attention only after declining to a level that impacts several aspects of a man’s life. According to the Centers for Disease Control and Prevention (CDC), approximately 12% of adult men have only...
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Factors Affecting the Child’s Best Interests in Custody Cases
When deciding issues involving child custody courts must make findings on certain factors regarding the child’s best interests. Michigan statutory law requires consideration of eleven specific factors when making determinations affecting child custody. Statutory Factors Under Michigan’s Compiled Laws, § 722.23 courts must evaluate certain factors when determining issues related to child...
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How to Modify Court Orders After Your Divorce
Because a court order with provisions such as alimony, child custody, visitation or support extends for years after the parties receive a final judgment of divorce, it would be unjust to allow the obligations pursuant to such orders to remain unchangeable. As such these provisions are normally modifiable if a...
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Divorce Issues for Military Servicemembers
Many husbands and fathers are members of the U.S. Armed Forces. Having a family as a military servicemember is very difficult because the demanding nature of military life puts unique pressures on families, such as frequent traveling, the risk of losing a parent, and the strict and rigid aspects of...
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Why Dating Before Your Divorce is Finalized is a Bad Idea
When you married your wife, you probably thought it would be for all time. Now that you are beginning the process of divorce, you probably feel lonely and would like to explore what’s out there by reentering the dating pool. Although this is totally understandable, doing so before your divorce...
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Co-Parenting Tips for Divorced Fathers
In the aftermath of a divorce, it might be a bit difficult to effectively co-parent with your ex-wife, especially if there are some unresolved issues and hostility. However, being an effective co-parent is crucial for the well-being of your children, so it is important for you and your ex-wife to...
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Can You Secretly Record Conversations You Have With Your Wife?(Part II)
We all know some people who will not tell the truth if they think there’s a chance of it coming back to them in the future. A lying spouse makes divorcing more frustrating than normal. If you are facing divorce and you suspect your wife is going to say different things to...
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Can You Secretly Record Conversations You Have With Your Wife?
We all know some people who will not tell the truth if they think there’s a chance of it coming back to them in the future. A lying spouse makes divorcing more frustrating than normal. If you are facing divorce and you suspect your wife is going to say different things to...
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Ask Yourself These Five Questions Before Divorcing Your Wife
Divorce is a life-changing experience, to say the least. For men, it can be a difficult, confusing time that leaves them with plenty of questions before they even file for divorce from their wives. Society tends to pressure men into feeling like they can’t be the ones to file for divorce because they...
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Disproving Unfounded Allegations of Domestic Violence
Falsely accusing someone of domestic violence might be unthinkable to you, but it is a real occurrence in many divorces each year. Typically, false allegations originate from women who are worried that they might not get a beneficial child custody outcome and decide to try to tilt the court in their favor by taking advantage of...
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How Dads Must Prepare for a Child Custody Hearing
Child custody battles are often hotly contested disputes. Unfortunately for fathers, the courts have traditionally ruled against them in all family law matters, especially when it comes to child custody. Dads are commonly given the noncustodial parent role, which means they can only see their children for certain stretches of each year—if hardly...
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Can Moving Out of Your Family Home in Divorce Harm Your Child Custody Rights?
Moving out of the home you share with your wife is a common concern at the beginning stages of a divorce. After all, the reason you want a divorce is that you can no longer live together, and things are often very tense at home if a divorce is coming. Whether...
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What Happens to Alimony & Child Support When My Ex-Wife Remarries?
In most divorces, one spouse will lack the means to support a child and/or support herself independently without the other’s income. When this is the case, the court will set up alimony to provide for an ex-spouse until she becomes self-supporting and child support payments to provide for a child until they reach 18...
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Getting Proper Advice Before You Start Divorce
The last time I was in Mexico we decided we wanted to go see the sea turtles. A beach nearby, Akumal, is world famous for the turtles. But there were many decisions to be made prior to this adventure. Should we take a tour group? Should we take a taxi...
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How to File Your Taxes During a Divorce
It’s that time of year again! With the New Year and the issuance of last year’s W-2’s from your employer it is time to have your tax returns filed and (hopefully) have the State and Federal government refund you any extra money you paid them last year. For many taxpayers...
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How Can Therapy Help Us If My Spouse and I Are Going Through a Divorce?
Divorce happens in 2 ways. Either one person decides against the other’s will or both parties decide TOGETHER that the marriage should end. For the 2 nd to occur, it takes a lot of both parties talking about what they think and feel. It requires many conversations over time. The...
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Rules on GPS Tracking Devices
Have you become suspicious of your wife's activities? Are you wondering if she is having an extramarital affair or is otherwise up to no good? Be careful when it comes to using a GPS to track your spouse's moves when she is in her vehicle. A GPS is commonly used...
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When Will It Stop? What You Need to Know About Alimony
So you’re facing a divorce, and that means you’re going to make decisions that could affect you for many years to come. Alimony, or spousal support, has been part of American law for over 100 years and is still a major factor in some divorce cases. More than 95% percent...
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ADAM Successful in Obtaining Rights for Client Who Fathered Child With Married Woman
Recently ADAM Attorney, Frank L. Briguglio, successfully intervened on a pre-existing support case in Wayne County Circuit Court under the Revocation of Paternity Act. This law provides standing, i.e. the ability for a party to seek custody and parenting time, in situations where a man fathers a child with a...
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The Dreaded “D” Word
The Dreaded "D" Word: A Therapist's Thoughts on Talking to Your Children About Divorce Guest Blog: Toby Nicole Beach, LMSW Therapist and Family Educator Miriam and Bob were a couple that had come to me from Robert, a Family Law attorney colleague of mine that I had worked with for...
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Ten Things You Should Ask Your Divorce Attorney
Ten Things You Should Ask Your Divorce Attorney The first time you contact a divorce attorney may feel overwhelming and somewhat intimidating not knowing what to expect or ask. It’s difficult to know where to start, and you may not be emotionally prepared to start a process that ends your...
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30 Common Mistakes Men Make When Faced With Divorce
A “What-Not-To-Do” list if you’re considering divorce, compiled by the attorneys of ADAM – American Divorce Association for Men. ADAM attorneys have been representing good guys going through a difficult time for 30 years now. There is nothing great about going through a divorce, but there are definitely things you can...
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Divorce and the Mail
If you are in the beginning stages of a divorce, it is typical to be suspicious of each other about a lot of things including missing mail. Having information about bills, accounts, taxes and many other issues is crucial to not only knowing where you stand financially but also to...
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What Should I Do If My Child’s Mother Withholds Visitation?
When divorced parents do not get along with each other, this could have a negative impact on co-parenting. In many cases, the custodial parent will prevent the non-custodial parent from seeing their children for weeks, months, or even years—without any just cause. If you are a father and the mother...
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Changes to Tax Law Regarding Alimony and the Question of Whether and When to File for Divorce
When conducting a consultation (or what we refer to as a Case Evaluation Meeting), divorce lawyers walk a fine line on the question of whether a person should file for divorce. Wise lawyers will make it clear that the personal choice to leave a marriage is better discussed with a...
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What to Ask Yourself Before Getting a Divorce
Before you make the final decision to end your marriage, it may be helpful to think through a number of aspects surrounding your marriage and life, in general. The Huffington Post recently released an article titled, “10 Crucial Questions to Ask Yourself Before Getting A Divorce.” The article highlighted the...
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Settling Down: Alternative Dispute Resolution Options
Settling Down: Alternative Dispute Resolution Options When most people think about divorce, they imagine a couple incessantly bickering over a million and one items that once held their marriage together. The reality is that divorce doesn’t have to be handled with hostility. Many men are surprised to learn about the...
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Prenuptial Agreements: What You Need to Know
You’re getting married - congratulations! You’re about to enter a legally binding union with someone you love and respect, a joyous occasion without a doubt. While you have every reason to be excited over the coming union, there are some things that you should know before walking to the altar...
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“Is It My Fault?” Telling The Kids About Your Divorce
“Is It My Fault?”Telling The Kids About Your Divorce There is no easy way to tell your children that you and their mother are getting a divorce. Although the divorce process can be difficult on the couple making the split, it can also have an effect on the children involved....
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What Happens to My House in a Divorce?
Many divorcing couples wonder about the division of property when they own a home or maybe more than one home. What do you do with the house? There are typically three options. The first is for you to keep the home; the second possibility is for your wife to keep...
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Home Alone?
At what age should a child be left home alone? What age does a child need to reach to be left home alone? This topic often comes up in discussions with clients. Michigan law has no definite answer to this question. However, according to the Michigan Child Protection Law, a...
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What About Dating?
Does dating really have an effect on the divorce process? You can probably conclude that it is not a good idea for several reasons. First of all, let’s discuss the law. Technically, it is illegal in Michigan to have an extramarital affair. While no one is ever charged with this...
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Parental Alienation Syndrome- When Your Child Has Been Turned Against You
Are your children refusing to see you during a divorce or custody dispute? Is the mother of your child interfering with you seeing your child? When this occurs it is easy to assume that the other parent has turned the child against you. This type of behavior is commonly referred...
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Could I Really Be Expected to Pay More Than 50% of My Net Pay In Child Support?
A client came to us recently after receiving a recommendation from the Friend of the Court for child support. His child support was under review, and after submitting his income information and all relevant data needed to calculate child support, the FOC recommendation totaled more than 50% of his net...
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Do Facebook Posts Matter in Divorce?
As divorce lawyers we are often asked about the use of Facebook and other social media preceding and during a divorce. What you post on social media, like Facebook or Twitter, is relevant to the divorce process and can harm you. Our advice is to stop using all social media...
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How to Survive a Divorce Settlement Meeting
At some point during a divorce case, you may be facing a four-way meeting, sometimes referred to as a settlement discussion. Your attorney may suggest this meeting, or your wife’s attorney may suggest it, but either way there is a good chance this meeting may occur during your divorce case....
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Paid Parental Leave Plan Included in Trump’s 2018 Budget Proposal
President Donald Trump’s proposed 2018 budget would create the first federal plan for paid parental leave, for both fathers and mothers according to NPR. Trump Budget's Paid Parental Leave Plan Could Mean Higher State Taxes, May 23, 2017 NPR News, by Danielle Kurtzleben. President Trump’s 2018 budget will push for...
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Proposed New Law- The Michigan Shared Parenting Act
Reflecting changes in family dynamics and many other factors, the Michigan Legislature is at it once again in trying to overhaul the way in which custody and parenting are determined in family court. Numerous proposals have arisen over the years, with the general intention of “leveling the playing field” and...
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What to Do Once Your Divorce is Over
The judgment of divorce has just entered and you are now divorced… so now what? This is actually a very important phase of the divorce process, and if you’re represented by an attorney, you may want to keep your attorney retained to make sure all the loose ends are resolved...
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What to Do After Being Served With Divorce Papers
What do you do next? Whether you are expecting this or not, there is a lot to consider. The first thing to look at is how you were served. When your spouse files for divorce, they must have you served with papers to proceed with the divorce case. Failure to...
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Prenups and Trust Planning
http://denhalaw.com/blog/ Friends, We are pleased to present to you, via the link above, the Denha & Associates May 2017 Law Blog. Our first article, "Prenups And Trust Planning", explores some of the reasons why a Prenuptial Agreement may be needed while also providing an alternative strategy to accomplish the same result...
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When You Have Married The Wrong Person
From the perspective of a divorce attorney, “I married the wrong person”, is a fear voiced by many clients. Even for those who are not married, the thought that you may be in a relationship or have children with the wrong person is all too common. A recent New York...
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When Do You Need a Business Valuation?
Guest Author: Jason W. LeRoy, ASA, CVA, CFE (Doeren Mayhew) In many divorce cases, an attorney will recommend the use of a valuation expert when a business is involved. Valuation experts can help determine the value of a business and are also frequently engaged to determine income available to pay...
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What Makes A Case Too Complicated For Mediation?
Mediation is common in Michigan divorces. Where the parties have been unable to resolve their issues on their own or with the help of a divorce attorney, family court judges routinely send them to a mediator as an alternative to trial. This is a confidential proceeding, and the mediator’s recommendations are...
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Men Can Get Alimony Too
There is no doubt that women have traditionally received alimony more often than men. However, men should understand that they have just as much right to spousal support as their wives if the circumstances were reversed. You should not sell yourself short and should not allow your attorneys to sell...
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Splitting the Nest: Common Issues with the Marital Home in Divorces
Other than perhaps a pension or business, the home is the most complicated asset to divide in most divorces. Understanding your rights, responsibilities and common issues associated with the home is crucial in ensuring that you get your fair share and don’t end up with unintended liabilities down the road....
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Changes to the Michigan Child Support Formula
Starting January 1, 2017, changes made to the Michigan Child Support Formula went into effect that can have a big impact on paying or receiving child support. Many parents assume that their net taxable income reported to the IRS on their tax returns will be what the court uses to...
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Hiding Assets in Divorce Is Not Worth the Risk
You may not be surprised to hear that clients and potential clients frequently want to know how to avoid dividing a particular asset with their wife in a divorce. This is sometimes due to anger, fear, and/or a feeling of resentment that she didn’t “contribute” anything toward that asset. Once...
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Statistics Suggest Women More Likely To Initiate Divorce
A recent study conducted by the American Sociological Association suggested that women are more likely than men to initiate a breakup or divorce. In the study, 2,262 adults were surveyed regarding their relationships. The study found that after six years 371 of the participants had either broken up or divorced....
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Dividing Retirement Assets in Divorce
A typical question that divorcing couples have regarding property division is “What am I entitled to when it comes to retirement accounts. Retirement accounts could include Individual Retirement Accounts (IRA’s), employer sponsored retirement savings accounts such as a 401(k) or 403(b), or defined benefit pensions which promise an employee a...
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Recording Conversations of a Minor Child
Is it legal to record a conversation between your ex-wife and your child? To begin with, the law is the same even if you were never married, so the broader question is whether you can record conversations between your child and their mother without consent. First of all, you cannot record private...
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When Have You Made a Final Agreement in a Divorce?
There are many different methods that can be used to settle a divorce case. But how do you know when you have reached a final agreement? How do you know when you are stuck with the agreement, and when you can hold your wife to the agreement? One way to...
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Wiretap Act Violation for Putting Auto Forward on Spouse’s Email Account During a Divorce
A recent ABA Journal article indicates that putting an auto-forward on your husband’s email account when you suspect he’s cheating can amount to a violation of the federal Wiretapping and Electronic Surveillance Act. ABA Journal, “Wife's Unauthorized Access to Husband's Emails Could Violate Wiretap Act, 7th Circuit says,” DEC 21,...
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There’s a Time and Place for Settlement Discussions
Let’s face facts - no man wants to engage in lengthy litigation with his wife or child’s mother. It is hard enough dealing with the emotional toll of a break up let alone suffering through a difficult and expensive legal process. As the saying goes, if I had a nickel...
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There’s a Time and Place for Settlement Discussions(Part II)
Let’s face facts - no man wants to engage in lengthy litigation with his wife or child’s mother. It is hard enough dealing with the emotional toll of a break up let alone suffering through a difficult and expensive legal process. As the saying goes, if I had a nickel...
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What is Mediation?(Part II)
Mediation is a non-binding settlement discussion. This is referred to as an alternative dispute resolution, meaning it is a way for the parties to meet with a third party and reach an agreement as opposed to conducting an expensive and drawn out trial. Typically, a third party attorney is selected...
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What are Temporary Court Orders?
Temporary orders are typically entered in family law cases while the matter is pending in court but prior to the final order completing the case. The orders dictate the terms of what the parties are required to follow during the litigation. These orders can address financial and custody issues while...
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When Does Child Support End?
Child support can be ordered through the court system in Michigan under many different circumstances, and through many different cases involving minor children, whether it be child support, paternity, custody, legal separation or divorce. The Michigan Court of Appeals recently issued a published opinion on November 10, 2016 addressing this...
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A Digital Footprint Can Be a Treasure Trove for Divorce Attorneys
Let’s face it, texting, social media, email and other forms of electronic communication play an important part in most people’s lives. They also leave a digital “footprint” of a person’s activities that can either help or harm a man’s case in court. An October 31, 2016 article in the New...
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Things to Consider Before Moving Out in a Divorce
Choosing to leave the home is a big step when considering a divorce. There could be many circumstances causing tension. Sometimes your wife is telling you to leave, or maybe she is having an affair and it feels extremely uncomfortable to continue to live together. Moving out takes careful consideration...
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A Word from the Team at Lewis & Dickstein, P.L.L.C
Although fairness is a fundamental principle of our judicial system, men face unfair treatment in court every day. As the attorneys at American Divorce Association for Men (ADAM) know well, courts can be hostile towards men in divorce and custody proceedings. ADAM lawyers specialize in the divorce needs of men to protect...
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Who Gets the House in a Divorce?
There are typically three options when considering what to do with a house in a divorce. Those choices are the wife can keep it; the husband can keep it; or, it will be sold. As with most issues in a divorce, this can be determined by agreement of the parties. ...
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Need a Creative Way to Help Your Child Understand Divorce?
Explaining divorce to your kids is one of the most difficult things you might ever do as a mom or dad splitting from your spouse. Georgia mom and writer Samantha Darby shares 13 books written specifically to help explain to children what it means for mommy and daddy to divorce....
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Can I Put My Divorce Case on Hold?
Once a divorce case is filed, there may be legitimate reasons to put the case on hold or suspend the filing for a period of time. This can be done depending on the circumstances. To begin with, there are two different waiting periods for divorce cases in Michigan. If you...
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How Does Separation Affect Property Rights and Custody Rights?
Separation can, but won't necessarily, affect the property division in a subsequent divorce. Michigan is an equitable distribution of property state which means the court applies certain factors in allocating assets and debt regardless of the parties living apart before or at any point during the divorce process. One of...
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Arbitration in Divorce Proceedings
Divorce is a process with many steps, and each divorce can take different paths. Depending on the type of divorce case, arbitration could be a step in your divorce case. Arbitration is what is known as a type of “alternative dispute resolution”, meaning it is one method that parties in...
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The Pros and Cons of Shared Parenting
There are many advantages to a shared custody arrangement, either through a divorce case, or through a custody or paternity case for parents who are not married. Regardless of the exact situation, if a custody and parenting time arrangement needs to be worked out, there are some things you should...
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Will My Wife Committing Adultery Affect the Outcome of my Divorce Case?
Let’s say that your spouse has been committing adultery for years. Adultery is a big betrayal to say the least; but will that come into play during your divorce case? The short answer is that it can have some impact. Because Michigan is what is known as a “no-fault” state...
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“Piece by Piece”—Supporting Father’s Custody Rights
Kelly Clarkson recently co-wrote and performs a hit song titled “Piece by Piece,” which has received extensive airplay. As anyone familiar with it is aware, the song describes a troubled relationship Ms. Clarkson has with her father, from whom her mother was divorced when the singer was a child. She...
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Does Someone Need to go to Court to Legally Separate from Their Spouse?
Two of the most commonly asked questions in our Michigan divorce law office are, “How do I get a legal separation?”, and “Do I need to go to court to get legally separated?” The short answer is that there is nothing in the State of Michigan specifically called a legal...
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Helping the Do-It-Yourselfers
Our lawyers here face a challenge. How do we help clients who are trying to navigate the court system on their own? Aside from our livelihood depending on being hired to do the work, there are a million reasons why it’s better to have an attorney represent you. Divorce and...
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ADAM Announces New Guide: How to Cope with Separation
The American Divorce Association for Men (ADAM), one of southeast Michigan’s premier family law firms, is back at it again with the launch of another helpful guide, this time advising men facing the possibility of separation. From misconceptions about separation within a marriage or other relationships where children are involved,...
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How Much Spousal Support Will I Have to Pay in a Divorce?
How much alimony / spousal support can you anticipate having to pay after a divorce? In Michigan, there is no set percentage or given amount, but there are software programs that can be used to estimate the amount, given a specific scenario. Calculating Alimony in Michigan There is no formula for calculating...
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Divorce Gift Registry
Have you ever thought about how to divide your personal property if you are getting divorced? As a practical matter, you cannot both get the toaster. So at some point during a divorce you will need to consider how to replace the items that you no longer have, whether it’s...
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Rights of Fathers of an Unborn Child
We frequently receive calls from men who have a girlfriend pregnant with their child, but the man and woman have split up. As an unmarried father, what rights do you have toward your unborn child? Can you file anything with the court before the child is born? Can you stop...
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Men and Women Post Divorce: The Men Have an Overwhelming Advantage
There seems to be a common perception that women have the advantage when it comes to divorce, even in the modern world of supposed equality. Not so, according to a recent article in The Atlantic. The Divorce Gap by Darlena Cunha, April 28, 2016, The Atlantic. Men seem to typically...
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Family Gifts and Loans in Divorce
A great deal of divorce litigation involves how to characterize money changing hands from one of the parties’ family. One of the parties will argue that money her family provided to the parties was never intended as a gift, but rather is a “loan” that now needs to be repaid. ...
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How Much Child Support Will I Have to Pay?
We are often asked by individuals how much child support they will have to pay. In some states, child support calculations are a very simple, straight percentage of income, say 19%. Michigan is not one of these states. Michigan uses a rather complex formula to calculate child support payments. Child...
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What are the Facts and Myths on Divorce Rate Statistics?
There is a common misconception that the divorce rate is at 50%. According to an April 6th article in The Washington Post, Who Gets Divorced in America, in 7 Charts by Ana Swanson, that is not true. The actual divorce rate in the United States is much lower. The incorrect...
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How Long is the Divorce Waiting Period in Michigan?
If you are looking to get divorced, you can file for divorce right away (and you should), but there are required waiting periods. Michigan, like most states, requires a “cooling off” period once the divorce complaint is filed, and you are required to wait a minimum amount of time until...
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Legal Separation vs. Divorce
During a legal separation, a court order mandates the rights and duties of a couple while they are married, but living apart. Legal separations can be helpful for certain situations, such as allowing spouses time to work through financial or personal issues that are affecting the marriage. Some couples, however, decide...
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Did You Know Your Divorce Case Could Be Affected by How You File Your Taxes? Filing Separately Isn’t Always the Best Idea If You’re in the Process of Going Through a Divorce.
If you are contemplating or currently going through a divorce at this time of the year, you will reach a point where you must decide whether to file taxes jointly or separately. Tax questions are best directed to a CPA (certified public accountant). If you don’t have someone prepare your...
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Six Signs That You Are Headed for a Divorce
We meet with men daily in various stages of marital crises. While marriages fall apart for a variety of reasons, there are definite warning signs that a marriage isn’t working anymore. Here are six of those signs… 1. You Often Dream About a Life Without Your Spouse Thinking about how...
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Value Of Your Assets In A Divorce Case
When dividing your property in a divorce case, the first step is to determine what you own and how much those assets are worth. Some assets are easy to value, and some are much more complex. In a typical divorce, you can be looking at vehicles, houses or real estate...
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What Is Child Support And How Does It Work?
When Is Child Support Required? Child support must be addressed in every custody or parenting time order. Child support is governed by the Michigan Child Support Formula, which is a numerical formula written directly into the statute. The formula takes into account both parties' incomes, minus certain deductions, the percentage...
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What Are Joint Physical Custody And Supervised Visitation Rights?
Who Works Out The Specific Schedule And Details For Joint Physical Custody? Does The Court Have to Officially Approve Of The Arrangements, Along With Any Changes Throughout The Years? Ideally, the parents can decide a specific schedule for parenting time, as one would hope they know what's best for their...
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Who Gets Child Custody In A Divorce In Michigan?
Do Courts Favor Women When It Comes To Child Custody? At ADAM, our entire legal team is dedicated to combating gender bias in custody cases. However, it is important to keep in mind that true bias occurs only when the facts are equal and the mother wins solely because she...
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Frequently Asked Questions About Child Custody In A Divorce Case
What Determines A Court's Decision On Child Custody? Michigan law requires that a judge evaluate 12 different factors, which are referred to as the "Best Interests of the Minor Child Factors." "Best interests of the child" means the sum total of the following factors to be considered, evaluated, and determined...
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How Long Does It Take To Obtain A Divorce In Michigan?
There are two different timeframes involved with divorce cases in the state of Michigan. There is a 60 day minimum waiting period in divorces where there are no minor children (meaning children over 18 or the parties never had children). There is a six-month minimum waiting period for a divorce...
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What Factors Can Have An Impact On The Granting Of A Divorce?
Is It Possible For One Spouse To Prevent The Granting Of A Divorce? No, it is not possible for one spouse to prevent the granting of a divorce. People may have different reasons for not wanting a divorce such as religious beliefs, or practical considerations like health insurance and other...
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What Are Some Things To Know Before Filing A Divorce In Michigan?
What Steps Need To Be Taken To Prepare For A Divorce? There are many considerations when preparing for a divorce. As a starting point, there are financial matters that should be addressed, and the client should be fully aware of all accounts and balances, all monthly bills and financial obligations,...
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What Are Frequently Asked Questions About Divorce In Michigan?
What Are Some Common Misconceptions People Have About Working With A Divorce Attorney? People have many misconceptions about working with a divorce attorney because if it is the first time they are going through it, they are often unaware of the full process and the scope of work that attorneys...
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If My Child Gets a Job, Can That Change My Child Support Payments?
My son is 15 years old, and he recently began working a part time job after school and on weekends. Since his mother and step father both work as well, their household income has increased. Does this mean that I can request my child support payments be reduced or dropped? ...
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Can a Child’s Behavior Warrant a Custody Change?
My ex-wife has custody of our son, but she is too busy with her job to keep track of his daily activities. Currently, he is failing out of school and smoking a lot of pot. Is this enough of a reason for me to petition the court for a change...
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Client’s Guide to Reducing Attorney Fees
Let’s face it, the cost of divorce or custody representation is at the top of every man’s mind when starting this process. “How much is a divorce?” is frequently the first question we are asked when a prospective client calls. The simple answer is that there is no way to...
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Urban Legends in Family Law
There are a number of common myths, or “urban legends,” regarding divorce and other areas of family law that we hear on a daily basis. While ADAM has addressed many of these misconceptions in greater detail in other blogs on this site, the following is a brief summary of common beliefs we...
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Adoption 101: Who Can Adopt?
Michigan law provides for the adoption of children and adults. Among the goals of the Michigan Adoption Code is to "provide procedures and services that will safeguard and promote the best interests of each adoptee in need of adoption and that will protect the rights of all parties concerned." However, the...
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When Can Child Custody Be Modified?
Life is constantly changing for everyone. Just because one thing makes sense today, there’s no guarantee it will make sense tomorrow or next week. This reality is often illustrated in child custody decisions in the months or years after they were made. As such, these types of decisions are modifiable...
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Who Pays for College Expenses When Parents Divorce?
The older the children in a divorce, the more pressing this issue becomes. The fact is that Michigan law does not require parents to pay for any living or college expenses after the child turns 18. The reality, of course, can be quite different since children don’t typically head out on their own...
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Service of Process
A divorce in the state of Michigan is a lawsuit, not a shared activity. At the start of any legal proceeding you are required to have the Defendant served with legal papers. Clients often ask how their wife or children’s mother will be served with divorce or custody papers. First,...
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My Wife Has Moved Out. Can I Change the Locks?
We get this question quite frequently – "My wife moved out. Can I change the locks?" A potential client will call looking for advice. His spouse moved out and is living somewhere else. Can he legally change the locks? Can the wife legally break into the home if she wants...
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Supreme Court Ruling Raises New Questions About Step-Parents and Adoption
With the United States Supreme Court's 5-4 decision in Obergefell v Hodges, issued on June 26, 2015, states are now required to issue marriage licenses to same-sex couples and to recognize marriages between same-sex couples validly performed in other jurisdictions. This ruling represents a watershed moment for all aspects of...
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Post-Divorce Estate Planning To-Dos
As a general rule, most if not all of your ex-spouse’s rights in and to your property and assets are terminated upon becoming divorced. However, in addition to certain limited exceptions to that rule, updating estate planning documents is good practice. Changing the ownership of your property, bank and investment...
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Is It Okay to Record My Spouse?
As family law attorneys, we are often asked whether it is okay to record a spouse. For purposes of documenting escalating issues or arguments in the marital home, or to gather evidence to establish your spouse as a liar or adulterer, perhaps it is. There are two major laws that...
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Recent Case Highlights Need for Certainty and Persistence in Paternity Matters
A client recently retained ADAM to assist him in determining if he was the biological father of a one-year-old child. He had an established relationship with the child and was giving the mother over $500.00 per month in support. He was also exercising regular parenting time, driving back-and-forth across the...
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U.S. Supreme Court Ruling on Same Sex Marriage
On June 27, 2015, the U.S. Supreme Court issued a monumental decision on same sex marriage that will affect every state in the union. The Court’s decision that a person’s freedom to marry is a right that is protected by the equal protection clause of the Fourteenth Amendment to the...
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Successful Reduction in Child Support
An ADAM attorney recently represented a father regarding a child support dispute. The Friend of the Court (FOC) issued a recommended amount and he suspected that the amount was too high based on his income and based on the fact that the children were in his custody as much time (if...
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Forgiving Child Support Arrearages for the Benefit of the Family
A cash payment is not the only thing a father contributes… A woman in New York recently agreed to forgive over $38,000 in child support arrearages from her ex-husband. The divorced parents have two school age children together, according to “Forgiving $38,750 in Child Support, for My Kids’ Sake”, by...
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Should I Move Out?
When facing the possibility of divorce, men often ask us whether they should move out of the marital home. It is wise to seek professional advice on this topic because, depending on the circumstances, the decision to leave can have a large impact on your divorce. If you have children,...
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Legal Separation or Divorce?
Legal separation is a possibility for some married people considering a divorce. In Michigan, a married man has two options (not counting annulment) when considering a separation. He can either file for divorce or file for legal separation. Legal separation does not mean separating prior to divorce. It means that...
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Name Change in Divorce
Can you require your wife to change her last name (surname) in a divorce? The short answer is no, you cannot. You and your wife are free to use any name you want to within reason. Your wife is, therefore, free to call herself by any name that she chooses and to...
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A Brief Overview of Custody
An issue of child custody will come up, either through divorce, paternity cases, or other custody disputes. Under Michigan law, child custody is divided into two parts: physical custody and legal custody. In a divorce or custody dispute, the child’s parents need to address the issues of both legal and physical...
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Why Is It Important To Hire An Attorney For A Divorce Case?
Should The Couple Hire One Attorney Or Separate Attorneys? A potential client will often ask if they can hire one lawyer for a divorce matter rather than hiring separate lawyers for each party. This is a common misconception. It is not possible for a husband and wife to share the...
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Nesting as a Temporary Parenting Time Arrangement
"Nesting" as a parenting time arrangement continues to be regularly used in divorce cases. Nesting is when the children of divorcing or divorced parents reside... "Nesting" as a parenting time arrangement continues to be regularly used in divorce cases. Nesting is when the children of divorcing or divorced parents reside...
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SMILE Program Now Available On-Line in Oakland County
Oakland County Friend of the Court recognizes that attending the mandatory SMILE program can be difficult for service members who may be deployed or parents living out of state. A recent article in Laches, the Oakland County Bar Association monthly magazine, cites a new on-line service available for families going...
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Does She Really Get Half?
All men have heard horror stories about having to sacrifice on the altar of divorce fully half of the assets they've so painstakingly earned over the course of their lives. Silly cliches about boats sawed in half are tossed around, but the truth is no joking matter: division of marital...
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Before Divorce, Get Financially Prepared
Financial considerations you should be aware of before and during a divorce matter. Before beginning the divorce process, you should be sure you are properly preparing your finances. The following are some considerations you should be aware of both before and during the legal process, according to a September 11,...
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Call Now For A Free Phone Consultation With Our Divorce Attorneys
For over 30 years, the American Divorce Association for Men has served men who are facing serious family law issues. We know that many men have the odds stacked against them during some of the most serious times in their lives and strive to be the solution that they need.
If you are facing family law issues of any kind, it is in your best interest to seek strategic guidance from lawyers who know how to obtain results. When your family’s future is at stake, rely on the attorneys at ADAM to defend it.
Our law firm is located in the heart of Southfield, Michigan next to Southfield Town Center and The Westin Southfield Detroit about 23 miles away from the Detroit Metropolitan Wayne County Airport (DTW). Learn more about us by reading the Google Plus reviews of American Divorce Association for Men. Then, call (248) 290-6675 for a free phone consultation.
