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Articles Posted in Family Law/Divorce FAQs

Post-Divorce Checklist
Serafini, Michalowski, Derkacz & Associates

Once your divorce is final with the Court, there are several things you should do to wrap up any lose ends. Below is a checklist of some post-divorce issues you may encounter: 1.) Look after your credit. Cancel joint credit cards, and ensure that you are aware of all of your old and new obligations.…

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Does Moving Out of the Marital Home Mean You Are Abandoning the Home?
Serafini, Michalowski, Derkacz & Associates

In short, the answer to this often answered question is no. When a relationship gets to the point of divorce, there are many reasons one of the parties considers moving out of the marital home. Certainly, if you decide to file for divorce or your spouse files for divorce (and serves you), you have every…

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Grounds for Annulment
Serafini, Michalowski, Derkacz & Associates

The grounds for annulment in Michigan are as follows: 1.) Prior spouse of a party: a marriage is void if it is performed while one of the parties is currently married to someone else.2.) Relationships of consanguinity and affinity: marriages between parties related within certain degrees of consanguinity or affinity are prohibited (i.e. mother and…

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You’ve decided to file for divorce – now what?
Serafini, Michalowski, Derkacz & Associates

Divorce creates profound stress and emotion, and often precipitates other changes in your life. The outcome of your case can affect you and your family for many years to come. For these reasons, it is essential to find attorneys that adequately represent your interests and make the divorce process as smooth as possible. Unlike other…

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Annulment versus Divorce
Serafini, Michalowski, Derkacz & Associates

An annulment proceeding is instituted to obtain a ruling that a valid marriage never took place, because of a defect existing when the parties were married. A divorce proceeding is used to terminate a valid marriage, for reasons that occurred after the marriage took place. In Michigan, the statutory grounds for divorce is that there…

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What questions to ask during your divorce consultation?
Serafini, Michalowski, Derkacz & Associates

When your relationship has reached the point where divorce is imminent, you may realize that you need a divorce consultation, but may not realize which questions to ask or where to begin. Below is a list of questions that may help you more fully understand the divorce process and what your rights are: 1.) What…

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Can you afford the marital home?
Serafini, Michalowski, Derkacz & Associates

When divorcing your spouse, you need to understand the total amount of assets, including real estate, investment accounts, retirement accounts, etc. You also need to understand whether you are likely to receive spousal support. All of these factors will help you determine how your are going to support yourself after all of the assets are…

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What is the difference between a legal separation and a divorce?
Serafini, Michalowski, Derkacz & Associates

A legal separation and a divorce are two distinct court cases and two distinct marital statuses. Legal separation does result in a final division of marital assets but the parties are still married and therefore cannot re-marry. If you have gone through a legal separation, but you later decide you want to divorce, you can…

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How to prepare for a divorce.
Serafini, Michalowski, Derkacz & Associates

Many people contact our office and ask, “how do I prepare for a divorce?” If you are contemplating filing for divorce, there are a few things you can do to put yourself in the most favorable position. 1.) Prepare a financial statement. You should know the extent of the marital assets. Not only should you…

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