When the decision has been made to divorce or separate, one of the biggest questions is “Who gets what?” Many people think that property division in Michigan is a simple 50/50 split, but that is not always how it works. Under equitable distribution standards, marital property is divided fairly, but not necessarily equally. If you…
For many couples, talking about a prenup is not what they dream about during wedding planning. Between choosing venues and tasting cake, discussing legal contracts can feel awkward. Do you really need a prenup in Michigan? These agreements are not just for celebrities, millionaires, or people preparing for a dramatic reality TV divorce. For many…
Divorce is hard for all parties involved, but particularly so for children of the marriage. So, when parents are separating and trying to work out visitation plans for the children to still be able to have access to both parents, there are a few factors that should be taken into account to make the transition…
When a marriage starts feeling unstable, most people do not know about those next steps. Some couples want space, but they are not ready to make anything permanent. Others feel certain the marriage is over but still have questions about finances or children. When it comes to legal separation vs. divorce, which option is right…
Deciding to file for divorce is not easy. For many people, the emotional side is already difficult enough before the legal process even begins. Once paperwork, court procedures, and deadlines enter the picture, it can quickly start to feel a bit overwhelming. If you are considering divorce in Oakland County, you want to know how…
When it comes to holiday parenting time, there are only four holidays besides the Christmas break that are recognized in the State Court Administrative Office’s Michigan Parenting Time Guideline. Those holidays are Memorial Day, Fourth of July, Labor Day, and Thanksgiving. There are also provisions for Mother’s Day and Father’s Day. The guidelines state that parties are…
Separation, divorce, and annulment all seek to end a marriage in some way. Yet, each is uniquely different from the others in what they accomplish, how they are obtained, and their effects. Here’s what you need to know. Separation: To separate means to move apart, but not necessarily to officially end things. Separation in Michigan…
A child may bear a striking resemblance to a man and everyone can tell he is the child’s father, but unless that man was married to the child’s mother at the time of the birth or conception, the law does not consider the man to be the child’s legal father. Welcome to the world of…
We’ve all heard of prenuptial agreements – agreements signed between two parties before they get married – but postnuptial agreements are a rare breed. They do exist, however, and are recognized in Michigan. They are essentially an agreement signed after the parties wed and are designed to protect property of an individual in the event…
You have been to mediation with your attorney. The mediator helped both parties reach an agreement on all the issues in the divorce case, including division of personal property, division of debt, determination on what to do with the marital home, and all issues involving the children. The first question asked by many clients is…
Who owns the child’s clothing, toys, equipment, and personal effects? This is a question that is asked quite often. Arguments are made that the children’s property belong to the parent who purchased the items for the child. This is often followed up with statements that the purchasing parent can prohibit those items from being taken…
February is National Teen Dating Violence Awareness month. According to the Domestic Violence Awareness Project, approximately 1.5 million teens experience physical abuse from a dating partner. As parents, educating our teenagers about what is domestic violence is a conversation that needs to happen just as much as we need to talk about birth control. As…
Children are often portrayed as the losers in divorce because the assumption is that they would be better off with two parents in the same household, rather than shuffling between homes, or worse, being used as a pawn in the larger divorce fight. However, it is possible for divorce to be beneficial for children. Here’s…
A Personal Protection Order (PPO) is a court order intended to stop someone from threatening you with violence or acting on those threats. If you have reason to believe that your safety or freedom are at risk, you can apply to a Michigan court for a PPO. Types of Michigan PPOs The state recognizes three…
One of the most complicated aspects of divorce is the division of marital property. Michigan is an equitable distribution state, meaning that all qualifying property will be divided “equitably”, or fairly. It is important to remember that in this instance, “fairly” doesn’t necessarily mean “equally.” If the couple cannot come to an agreement regarding property…
Parenting time is referred to as quality time spent between the child and a parent. Parenting-time orders are based either the parties’ agreement or the court’s determination of the best interests of the child. Under Michigan law, the presumption is that it is in a child’s best interests to have a strong relationship with both…
On Tuesday, September 8th, I woke to discover that the right half of my face was losing its muscle tone. I did not know in the early morning hours that I was beginning to manifest physical signs of having Bell’s Palsy. I knew it did not look right. I quickly sent a photo to my…
The legislature in Michigan recognized that the best interests of children living within the state who are affected by either the divorce or separation of their parents is best served by having and preserving a strong relationship with both parents. Children have a right to parenting time with both parents unless the court determines on…
The Dangers of Domestic Violence “Why doesn’t she leave him?” This was the topic of a Ted Talk that I watched recently. In that talk, Laura Morgan Steiner shared her story of being abused by her first husband. The abuse not only included physical beatings but also having loaded guns held to her head as…
During the divorce process, we tend to focus more on court dates, housing changes, and custody arrangements, seemingly losing ourselves to the onslaught of monotonous paperwork and meetings. But once the dust has settled and court hearings are a thing of the past, we tend to realize how raw our emotions still are. Learning how…
When it comes to getting a divorce, there is difficulty in keeping the matter between the husband, the wife, their respective attorneys and the court. A divorce is a matter of public record. In addition, extended family and friends will soon realize what is happening, especially after one spouse leaves the marital home. However, there…
Prenuptial agreements, also known as prenups, are becoming more common as couples of all ages and income levels continue to join in holy matrimony. According to a survey of divorce attorneys carried out by the American Academy of Matrimonial Lawyers in 2013, 63% of respondents said that they had witnessed an increase in the number…
One of the more nuanced issues involving child support is reimbursement for medical expenses. When one parent is ordered to pay child support, the monthly amount they pay includes a contribution to ordinary medical expenses of the child or children. The Michigan Child Support Formula (MCSF) states that “ordinary medical expenses include the support recipient’s…
Last year, I joined with my daughter in being willing to become legal guardian for my mother. While my mother had at one time drafted an estate plan naming the person that she preferred to have assist her with day-to-day decisions and medical care when she needed help, that individual was not able to provide…
Domestic violence is still far too common and misunderstood in our society. Yet, it can be a difficult topic to discuss and even harder to spot. Women and men who are suffering from domestic violence will not likely come right out and admit it, either for fear of reprisal or because they themselves are not…
This past Sunday was the Mother’s Day. I recall how hard Mother’s Day was when I was divorced, especially when my children were little. They did not have the resources available or the ability at times to do anything special for me for Mother’s Day. After the children started school, Mother’s Day was about the…
With the holiday season wrapping up, I wanted to take a minute to share with you some information on how to maintain family traditions during holiday parenting time and how to preserve the joy of holidays that your children have. This way your children can enjoy spending time with both parents in future holidays. The…
Last month, we tackled teen dating violence head-on. October is Domestic Violence Awareness Month. When I was a child and young adult, domestic violence was not something that was talked about. It was still a skeleton in the closet. It was not spoken about and friends were not brought home out of fear that it…
Recently, we have been observing more fights over extracurricular activities for children. Sometimes, we are asked, “What are extracurricular activities, and do I have to approve each and every one that my child does?” This is a good question and is really two questions in one. What Are Extracurricular Activities? In a simple explanation, extracurricular…
As parents, it is in our nature to protect our children from harm whether physical or emotional. But the truth is, we cannot. Throughout their lifetimes, our children will fall and skin knees. They will develop friendships that cause them emotional pain. Our children will do the very actions that we warned them that will…
When it comes to extracurriculars, one disagreement among parents is the number of activities. On occasions, parents present us with a schedule for their children that has them running from early in the morning until bedtime with no time for schoolwork.When this type of schedule is presented to our team, the question arises “How do…
In our last few blogs, we have discussed what is holiday parenting time and what holidays are traditionally observed. But what happens if a holiday is important to your family and it is not listed in the holiday parenting time schedule. There are some holidays celebrated across the generations as part of one’s ancestral culture…
“But we had an agreement!” This statement is followed by that it was made over the telephone or in person between parties after they have entered a judgment in their case. The parties did not want to go to court to deal with the change that they agreeing as they decided to work it out…
Do not tell your children first! You have planned a vacation to Disneyland and want to share the news with your children. Your boss has approved your vacation time and it will be scheduled for the upcoming holiday break from school. You know the children will be excited, but when should you tell them. The…
Being a parent is hard. After nine months, we have a beautiful child placed into our arms and there is no instructional manual. We may have our spouse besides us encouraging us and give us needed breaks. But when couple divorces becoming a single parent is hard. There are feelings of failure or embarrassment. The…
Summer vacation is probably one of your child’s favorite times of the year. However, if you share custody of your child with their other parent, summer vacation might be the time of year you dread the most. Navigating parenting time schedules in the summer can be stressful and complicated. Here are a few things to consider…
Asking for help as a single parent can be difficult, but it is a sign of inner strength. Only you will know when you need help, what kind of help is needed, and who is the best person to provide that help to you. It is the asking that is hard. This is because of…
Occasionally, I have seen judgments that contain language for parenting time as being “reasonable and liberal upon agreement with the parties.” While the goal of this type of parenting is promotion cooperation in setting up a flexible parenting time schedule, it should only be agreed to under thoughtful consideration of several factors. The Four Factors…
Objections to reimbursement for extraordinary medical expenses can be based on the necessity of the expense, a claim that the parent has already paid the expense or to raise any similar defenses to the demand for reimbursement. The objection will be raised by the parent from whom reimbursement is being sought. One of the objections…
When you are served with a motion from your ex-spouse after the entry of Judgment of Divorce, there are five action you need to make immediately to protect yourself. If you fail to make these actions, the judge or Friend of the Court Referee will make a ruling on the motion and typically grant your…
The day after Thanksgiving, also known as Black Friday, is the biggest shopping day of the year inAmerica. When it comes to cashing in on the day’s deals, the motto is “If you snooze, you lose.” For serious bargain hunters, the day is the ultimate shopping extravaganza that requires a strategic plan, including store maps…
When I was growing, we did not hear about things that are common today. Some of what was not common for me as a child are peanut allergies, gluten-free diets or celiac disease, or anxiety in children. I am not sure what changed. It could be an increased awareness, genetically modified plants, or several other…
“R-E-S-P-E-C-T, find out what it means to me.” Aretha Franklin sang these words in her 1967 song, “Respect.” In a custody case, respect is defined by the judge or the Friend of the Court Referee. But even they have been given guidance in how to define the words. The legislature wrote down twelve factors for…
You made the decision to file for divorce or you just received divorce pleadings, what do you do next? While most people understand that the next decision should be to consult with an attorney, they forget the second step to take. That step is to take a vacation – from all social media accounts. Social…
This month Melissa Pearce & Associates is starting a new thing. I will be recording some video tips for our clients and prospective clients. On Mondays, I will share some co-parenting tips. The tip for today is very simple: find a way to communicate. You know you cannot co-parent with that other parent unless you…
The beginning of the school year can be an exciting time for children. They are excited to learn who their new teacher is and if any of their friends are in their class this year. They may look forward to the annual school clothes shopping sprees or want to pick out their new school supplies….
Blending families is not an easy task with children. It will take time and patience as well as lots of love. I learned lessons from when I remarried and from my children years later. Here are the top five tips that I learned while working on blending two families into one. Communicate. Each child will…
Because I have heard of many issues surrounding communicating between parties, I want to share with everyone some tips on how to communicate with the other parent. In the past 11 and a half years of practice, the one thing that I have seen predominantly across all divorces with children is a problem in communication…
School has started up again. But for many parents who share joint legal custody, the question is being brought up again on who determines which school the children will attend. Disagreements can arise over the ratings of schools, the quality of the courses offered, the cost of attending the school, or the distance that the…
If you are beginning the divorce process, the holiday season can bring up emotional stress. In the past, your family may have enjoyed holiday traditions as a family. However, things will change, and the holiday season will be spent without children present or celebrated on alternate days to accommodate parenting time schedules. Children will adapt…