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9. In many cases, especially where there are not a lot of complicated assets, parties will avoid formal discovery and just exchange affidavits, listing assets and liabilities with documentation. This is under oath, and does provide some protection.
8. In most divorces, interrogatories are filed. These are questions covering assets, liabilities, and any other issues such as employment, health, and anything that is relevant to the case. In Michigan, these must be answered within 28 days under oath.
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Read more... [Nine Divorce Discovery Tips for 2009]
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Change of domicile is a matter that the courts in Michigan take very seriously. This is where one parent – normally the custodial parent – is seeking permission to leave the state and move to another state. In the past, it was very difficult to change domicile because the court’s want to keep both parents as close as possible to the children, even after a divorce. This blog is to raise the issue of whether or not, in view of the economy, judges are taking a more liberal approach and granting changes of domicile more easily than they might have a couple of years ago.
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Read more... [Issues in Change of Domicile in Michigan]
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The laws in the State of Michigan do not recognize either common law marriage or commitment ceremonies as same sex couples are not allowed to legally marry in Michigan. What happens when the couples who have lived together and co-mingled property without being marriaged, breakup? I have handled both types of situations in my practice.
Even though they are not divorce actions, and are not part of the family court, in certain situations there are legal remedies. I have had cases where people have co-mingled assets, have shared investments and have purchased real estate together. I have had other cases where there have been promises made but not kept. In these situations, there may be an action, based upon fraud or unjust enrichments, which are tort actions. They are based upon promises that are not kept or based upon situations where one person has invested a lot of money into real estate and the other person is saying, "forget it – you are entitled to little or nothing".
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Read more... [Unmarried Couples Living Together in Michigan]
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In these tough economic time, it is critical to remember that if you have a judgment with non-modifiable spousal support, it means what it says. If you are in the midst of a divorce, and you have any type of job situation where there is a possibility of a reduction in pay or a loss of a job, do not agree to non-modifiable spousal support. By law, non-modifiable means non-modifiable. What can you do if you have entered into a judgment of divorce or settlement agreement where there is non-modifiable spousal support, and there has been a job loss, and you no longer have the ability to pay?
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Read more... [Michigan Family Law Issues in Tough Economic Times: Spousal Support – Alimony]
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More and more cases involve marital homes that have negative equity. If your home has little or no equity, there are several decisions that have to be made in the divorce. First of all, do you keep the home? If there is the cash flow to do so, it may be wise to keep the home until the economy turns around. If you or your spouse cannot afford to keep the home, and are forced to sell it, try to work out a walk-away with the bank.
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Read more... [Michigan Family Law Issues in Tough Economic Times: The Marital Home]
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These are rapidly decreasing in value. In some cases where there are a lot of debts, and people want to avoid bankruptcy, it may make sense to take the husband's 401K and/or IRA and roll it over to the wife, if she has an income. This way there are no penalties. She can then take the money out for payment of marital debts, and her taxes will be at a lower rate. These are things to carefully scrutinize in a divorce where there are substantial debts and it may be necessary to go into 401Ks or IRAs to pay them.
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Read more... [Michigan Family Law Issues in Tough Economic Times:401Ks, IRAs and Pensions]
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More and more people have substantial credit card debts, home equity lines, and/or second mortgages on a home. I see many divorces where the assets are less than the liabilities. This is a situation where there may have to be some creative financing. There may be the necessity for exploring bankruptcy. It may be a situation where some of the credit card companies will negotiate a reduction in debts if there is money to pay them off, assuming someone's credit has already been hurt by the economy. These are all situations that are happening more and more frequently in our current economic mess.
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Read more... [Michigan Family Law Issues in Tough Economic Times: Debts]
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10. Start with a good marriage counselor. If not marriage counseling, go at least for yourself. A divorce should be a last step, rather than a first step. There are three reasons to go into counseling. The first reason is to see if the marriage can be saved. The second reason is to build a support system for yourself. The third reason is to make sure you know everything you can about yourself, so that you will not make the same mistake and marry the same type of person again and again.
9. In many situations, you are the breadwinner. If not, make sure that you know as much as possible about family finances. Have copies of tax returns, investment accounts, bank statements, checking and savings accounts, and credit card statements. Remember, the more you know about your family finances, your assets and liabilities, the better off you are in the event that you decide to go through with a divorce.
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Read more... [Ten Steps for a Man to Consider Before Filing for Divorce in 2010]
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10. Have you tried marriage counseling? If not, do so. There are three reasons to go into counseling. The first reason is to see if your marriage can be saved. The second reason is to build a support system for yourself. The third reason is to make sure you know everything you can about yourself, so that you will not make the same mistake and marry the same type of person again and again. Filing for divorce should be a last step, rather than a first step. During my career, I have represented two women who were each 36 years of age and each was on their sixth divorce.
9. Find out as much as you can about your family finances. Obtain copies of tax returns, investment accounts, bank statements, including your checking and savings accounts. Credit card statements are important. Remember that the more you know about all of the family finances, the better off you are if you decide to go through a divorce. If your husband has a cash business, can you track the cash? Is there a safe? If so, photograph and document the contents, including cash.
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Read more... [Ten Steps for a Women to Consider Before Divorce]
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