For many couples, the bulk of their assets are located in retirement accounts. The division of these assets, and the tax consequences associated with such, is a significant concern. Generally, you are entitled to half of the marital portion of your spouse’s retirement accounts and vice versa. The actual division of the accounts depends on…
Continue reading ›n Rinvelt v. Rinvelt, 190 Mich App 372, 380; 475 NW2d 478, 482 (1991), the Court of Appeals held that prenuptial agreements governing the division of property in the event of divorce are enforceable if the following criteria is met: 1.) Was the agreement obtained through fraud, duress or mistake, or misrepresentation or nondisclosure of…
Continue reading ›Answers to frequently asked questions regarding filing for divorce: 1.) Do I need an attorney to file for divorce? Answer: No. However, it is in your best interest to consult with an attorney when filing for divorce. Often times we hear from clients who have initiated the process themselves, and their case ends up getting…
Continue reading ›If you are a party to a divorce case in Oakland County, and you have minor children, you will receive notice of your Early Intervention Conference (EIC). The EIC is the first hearing held on divorce cases involving minor children. The EIC is held at the Friend of the Court 56 days after the filing…
Continue reading ›On June 26, 2015, the United States Supreme Court held that same sex couples have a fundamental right to marry as guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Obergefell v. Hodges, 135 S. Ct. 2584; 192 L. Ed. 2d 609 (2015).…
Continue reading ›Pursuant to MCR 3.206(C)(2), there are two independent bases for awarding attorney fees and expenses.1.) The first is based upon a party’s need to prosecute or defend a claim and the other party has the ability to pay or contribute, and 2.) The second is based on a party’s behavior without reference to need or…
Continue reading ›1.) Are you sure? Make sure you have carefully thought it out and that divorce is the right path for you.2.) Do your research. Ask your attorney about the laws, time requirements, and costs associated with a divorce. The more you understand the process and the costs associated with a divorce, the better you will…
Continue reading ›If you are contemplating whether an annulment is in your best interest, please carefully review the following advantages and disadvantages :The following are advantages of an annulment proceeding:• Starting a new marriage as if it were a first marriage may have a positive psychological impact.• Any stigma of being divorced is avoided.• Spousal support payments…
Continue reading ›Getting divorced is a very upsetting time for you and your spouse. However, when you have children, the experience is even more emotional. You should keep the children out of any arguments, and make the process as easy on them as possible. As frustrated as you are with your spouse, you should focus on the…
Continue reading ›Spousal support is generally a highly contested issue. There are some cases where spousal support is necessary and appropriate, and some cases where spousal support is not recommended. Eleven factors are generally considered in determining whether spousal support should be awarded. We urge you to review the factors listed below, to determine the strengths and…
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