As a general rule, if there is joint legal custody involved, neither party may move more than 100 miles from the location that they live at when the divorce proceedings are filed. Neither party is able to move out of state as well. The only way that either of these moves can be accomplished is… Read More
The filing of a divorce complaint or responding to a divorce complaint can be a devastating process. Divorce in Michigan, whether it is in Oakland County or elsewhere in the state, is especially difficult if it involves children under 18 years of age. In this situation, the parents involved in a divorce will need to… Read More
Child support can be changed at any time by the request of either party, if there is a change in circumstance. A change in circumstance might be a change in the number of overnights allocated to each party, or a change in income by each party, either by increase or decrease. The amount of child… Read More
Child support in Michigan is based on the Michigan Child Support formula and can only be deviated from if there is a particular reason or agreement of the parties, which the court must agree with, in entering a Judgment of Divorce. When a determination is made as to child support, five factors are reviewed in… Read More
Parenting time, which used to be called, visitation, is a determination by the Court or agreement by the parties as to where the children spend their time with each of the parents. This type of arrangement can be anything the parents agree upon, which is in the best interest of the minor children, or a… Read More
In Michigan property can be divided between the parties in an equitable fashion, generally speaking, any property that is obtained during the marriage is subject to distribution between the parties, any property obtained prior to marriage is generally not subject to distribution. Although fault is not a factor in obtaining a divorce, fault can be… Read More
In addition to child support, work related daycare and payment for medical treatment is administered by the Friend of the Court. With regards to work related daycare, this factor and expense is to be allocated between the parties, either upon agreement or after trial, if 1) is related to the work of the parties seeking… Read More
When a case is filed in Michigan, after service on the other party, there is a period of time entered into called “the discovery period”. Discovery in Michigan is a process by which either party can obtain information from the other party or third party sources, concerning all matters involved in divorce, regarding custody, parenting… Read More
Retirement benefits, pensions, 401k, 403b, IRAs and other retirement plans are subject to distribution through divorce proceedings. Regardless of which party obtained the retirement benefits, generally speaking, any retirement benefits that are accumulated during marriage, become marital property and are subject to distribution. Any retirement benefits that are accumulated prior to marriage are generally awarded… Read More
