You are a business owner who is divorcing your spouse. What every business owner should know when filing for divorce. A business can become a marital asset. It can be a marital asset like any other piece of personal property during the marriage. One may contend that the value of the business is separate when you look at it before marriage. The business will be viewed differently in the context of marriage.

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The value of the business’s growth might be considered a marital asset. It will take certain knowledge to estimate the value. At some time during the divorce procedure, it will be done. A business is unquestionably a marital asset if it was started during the marriage. It will come up for consideration during the property division discussions.

What are the most likely scenarios about the business happening in a divorce?

One of the challenging concerns in a Michigan divorce is dividing business assets. In some situations, spouses will run a business jointly. They must decide how to move forward. Some married couples who are divorcing might choose to stay working together. They may go on operating the business. They might decide that one spouse will buy out the other spouse. Only one of the parties will own the business after the divorce.

Only one of the spouses has ownership of the business.

The division of business assets can become difficult if only one spouse owns the company. Even if they co-own it with someone who isn’t the other spouse. Any asset acquired by a spouse after the date of marriage becomes a marital asset. A business created after the date of marriage is part of marital assets. It is a marital asset unless specified as separate property in a prenuptial agreement. Unless specified as separate the business will be subject to property distribution.

One spouse may own a business as a sole proprietorship. The spouse may be able to negotiate a marital property settlement agreement. In the agreement, the spouse who owns the business retains all business assets. This will keep the business open. The other spouse can transfer other assets to the business-owning spouse. It will help maintain the business.  In this case, the co-owner spouse would continue to be a partner or co-owner in the company. This is so while receiving other assets in exchange from the spouse who does not own the business.

You may co-owned business with other third parties. You may have to distribute business assets. Distribution can become significantly more challenging. A property settlement agreement might not be reached. The distribution of business assets may affect the other business owners. In some instances, the other owners may need to buy out the spouse who is a co-owner. It can be necessary to completely dissolve the business, depending on the type of business structure. For instance, it can be necessary to dissolve an LLC or a partnership.

Both spouses own the business.

Some of the same scenarios we addressed before are likely to occur in this scenario. The spouses start a business together. You will need a property settlement agreement. You have to consider the possibility of one spouse buying out the other. The spouses can also decide not to continue managing the firm jointly. It can be necessary to dissolve it depending on the sort of business.

After a divorce, though, continuing to run the company jointly is still a possibility. The couple need not stay married to maintain their jointly-owned business. Continuing to work together is a realistic alternative.

How will the court treat the business enterprise in a divorce?

You have established a business or are involved in a family business. The court will probably determine that at least a piece of that business is marital property. Or see all the business as marital property. The fact of your marriage means your spouse has an interest in the company. This is so whether your spouse worked there or even had any contact with it during the marriage. The business will be subject to an equal partition if there is any growth at all.

Companies will be valued in the case of divorce even when they have no marketable worth or actual value. This is one of the major issues for the business owner. The family courts in Michigan determined the proper way to value a firm is to base it on the “holder’s interest.” The business may not be valuable to anyone other than the person running it. But the expert who assesses it may assign a value based on how valuable the business is to the owner.

The appraiser will take a look at the income that has been produced for that person over time. The appraiser determines the amount that a business would pay that person to do the job. It includes managing the business and makings sales. Or, doing whatever it is that the owner actually does to generate the income. This “pay” is always less than what the owner is making. The appraiser adds the difference between the two back into the gross value of the business. This raises the business’s value. This approach to valuation bloats the value of the business. It can turn a business with little or no value into one that appears to be worth several thousand. And even to several hundred thousand dollars.

This fictitious value will be used to determine the division of the business. The business owner will have to give the other spouse half of this fictitious value from other assets. The only benefit is that alimony will be determined using the lower income used to value the firm. Child support will continue to be determined using the higher income.

How do you protect your business from the fallout of divorce?

A family-owned business may fall in the category of marital assets in a divorce procedure. Even if it was owned by one partner before the marriage, or was inherited during the marriage. You must ensure that the business is safeguarded. Keep the business shielded in case of a divorce. It may be important later whether you already have one or still developing one while you are married.

Here are some of the ways to protect your business in the event of a divorce.

Avoid using marital funds in the business.

Using marital funds for the firm is one of the circumstances. It could turn a pre-owned family business into marital property. This automatically turns the company, or at least a piece of it, into marital property. It will endanger its viability in case of a divorce.

Refrain from soliciting contributions for the business from your spouse.

Both spouses can make financial contributions to the business. This is another method for the business to be considered a marital asset. One spouse may own a business before being married. It may still become marital property if the other spouse took part in running it. Both spouses became involved while the couple was still married. It can be argued that a corporation has become marital property. It will be if a non-owning spouse assumes an executive position.

Have a signed prenuptial agreement.

Plan ahead. This means drafting a prenuptial agreement. It is the ideal approach to safeguard a family-owned business. Or draft a postnuptial agreement if the business comes after the marriage. Both parties should sign a legal agreement. This will specify how the couple wishes to handle the partition of the business. in the event of divorce. If a divorce does take place, it will be handled accordingly. The prenuptial agreement or postnuptial agreement. hopefully will ease the strain of the split.

The stakeholders involved in a business should spend more time negotiating. Since every divorce is different, you have more freedom to be creative. Invest time in creating a settlement than you would in court. You might make arrangements for longer-term payouts. You can exchange unrelated assets like equity in the property for retirement accounts.  You probably cannot make a bigger pie to share. You can, however, come up with a helpful option.

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What are legitimate reasons for getting a divorce? You can get a divorce in Michigan without having a valid reason. Attorneys won’t provide you with a justification for getting or not getting a divorce. The color of your wife’s dress might not be to your taste. That might be the issue. However, Michigan does not need a good reason to grant you a divorce.

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No-fault divorce is legal in Michigan. You are allowed to have them. The obvious ones include drug misuse, domestic abuse, or violence against the spouse. Or there may be less dramatic factors like a declining interest in marriage. You no longer need a basis for a divorce in Michigan because of the way the rules have changed.

Why do people file for divorce?

Sociological studies show that women petition for divorce twice as frequently as males. Compared to 31% of men, about 69% of women in the US file for divorce. Women’s high and later disappointed expectations of emotional support from men are the cause of this imbalance.

In 2022, there will be 16.9 divorces for every 1,000 married women in the United States. Experts contend this represents the divorce rate more accurately than the crude number.

The U.S. Census Bureau in 2018 found that 7.7 out of 1,000 married women over 15 filed for divorce. Several forecast shows that this number would rise in 2022.

Divorce rates are rising while marriage rates have been progressively dropping. Analysts estimate that 40% to 50% of current marriages will eventually end in divorce.

Lack of commitment

Lack of commitment consistently came out on top in studies. Participants selected from a list of significant causes for their divorce. In one study, up to 85% of participants responded in this way. A second study found that lack of commitment was the issue that couples were most likely to agree on. This is though most of the time one partner blames the other. Spouses tend to blame each other for not trying harder to salvage the marriage.

Lack of commitment may seem elusive and challenging to prove or argue against. This is so, especially for the one who is being held accountable. The visible symptoms of divorce are frequently associated with other factors. These factors include extramarital relationships and a refusal to discuss the marriage. Another is a lack of collaboration when it comes to managing funds. They believe it to be the underlying source of a variety of more obvious problems. This may be why so many people claim a lack of commitment is a significant factor in divorce.

Incompatibility and growing apart

Politicians made the right decision about no-fault divorce. They selected the “irreconcilable differences” threshold for no-fault divorce. Research supports this by up to 55% of respondents in one research. Divorced persons say their marriage ended because “we grew apart” or “we drifted apart.” Or, they state “we were just plain incompatible.” Lack of shared views or we married young was also cited. This increases the likelihood of growing apart. Others state sexual difficulties and religious differences as factors. These have been connected to incompatibility as causes of divorce. All have been mentioned in studies.

Many couples accept and even live with their differences. Compatible interests, goals, and values are cornerstones of the majority of successful relationships. Overt indications of incompatibility frequently coexist. It goes with other typical causes of divorce, including poor communication.

Infidelity or unfaithfulness

Adultery or infidelity was cited in every study reviewed. The percentage of divorces where it was the cause varied from 20% to 60%.

This large range may say having an affair is the final straw following a series of prior marital issues. These issues may cause one partner to leave the marriage in search of closeness. They leave seeking excitement or distraction. It may even be an unintentional ploy to convince the other spouse to divorce.

Money management disagreements

Around 40% of respondents in surveys say financial concerns played a role in their divorce. Respondents cite complaints about the management of their finances by their ex-spouse. Conflicts over money are usually referred to as “financial incompatibility.” These disagreements over goals and values about financial decisions are their primary cause.

Couples of lower earnings are likely to cite financial incompatibility as a reason for divorce. These couples have less money to go around and greater worry about being able to cover costs. There is typically more friction about financial issues. It doesn’t matter how much money the couple makes together. fighting over money and assets continues throughout the divorce process.

Communication problems

In several research, about 50% of individuals blamed their divorce on communication problems. It manifests as frequent arguments and poor communication. Poor communication may be the root of various issues relating to divorce. It translates into disagreements over child custody and financial obligations.

Be wary of conflicts that often arise over the same issue or fights. They never truly find a resolution, even if they aren’t that frequent or violent. Take it as a sign that you need help in learning to communicate more effectively. Perhaps you need couple’s therapy.

Substance abuse

Between 10% and 35% of people surveyed indicated drug or alcohol abuse as the reason behind their divorce.

Addiction to alcohol and other substances is a serious issue. There is a recognized correlation between addiction and domestic violence. You don’t need to cite drug abuse as a cause for divorce but it does drive you to decide to file for one.

Domestic abuse

15% to 25% of people claimed that domestic violence was the main factor in ending a marriage. For older divorced couples, more than one-third cited it as the cause. They cited verbal, emotional, or physical abuse as one of the three main causes of their split.

Women and men have diverse perspectives on domestic violence as a factor in divorce. In a national study, only 9% of men and 42% of women named domestic violence as a major factor in their divorce. Intimate partner abuse is significantly more common in women than in men. Abused victims are more likely than abusers to blame their behavior on the divorce.

Conflicts in managing family responsibilities

Over 20% of participants in some research cited family responsibilities driving divorce. Participants who were asked indicated conflicts inside their marriage over:

[ a ]  Taking care of their kids

[ b ]  Child-care responsibilities, and/or

[ c ]  Other home and family responsibilities.

Women are much more likely than men to attribute the above as a primary cause of their divorce. In earlier research family commitments were rarely discussed. This may be a result of many social scientists overlooking or assuming gender roles in marriages.

What if your spouse does not agree to a divorce?

In Michigan, your spouse cannot legally prevent you from filing for divorce. Michigan offers no-fault divorce. You do not need to get your spouse’s approval or provide evidence of marital misconduct. You are not required to stay in the marriage, even how much your partner wants to.

You’re in a no-fault divorce state. The judge does not need the testimony of witnesses to declare the marriage dissolved. In Michigan, your divorce petition only has to claim irreconcilable differences. Emphasize that there is no chance it can be repaired. Before the judge grants the divorce, you must attest to that reality. Of course, it won’t prevent your spouse from derailing your attempts to get the divorce filed. Or make it difficult for you throughout the process.

Your spouse can do anything to make the judge reject your petition. Your spouse can do weird or creative things to make it appear your claims in the divorce petition are untrue, like:

Take you out to dinner on a special occasion, such as your birthday or a holiday, and attempt seduction. Having sexual relations after the divorce was filed can affect your divorce efforts. It can make many judges throw out the divorce petition.

Hold out on leaving the house. This can convince the judge that you two were still in love after the divorce was filed.

Are legitimate reasons for divorce still relevant in a no-fault divorce state?

Whether it is legitimate or plain crazy, your reasons will not be the main factor for a court to approve your divorce. It will however have an impact on how things will be deliberated in spousal support, child support, and child custody.

You don’t need to prove for example domestic violence to get a divorce. It can be a real reason to get out of the marriage but the court will not require it as the basis. Domestic abuse is quite serious. It may have an impact on numerous divorce-related matters, including child custody, parenting time, and property division.

You and the other parent can jointly make parenting decisions. In the presence of domestic violence, the arrangements can be changed by the judge. Making decisions and communicating with your partner may be challenging. More so if one parent has been abusive. One argument for asking for sole custody maybe this.

The same thing can happen to alimony and property division. The court may grant consideration to one party. It may give a greater proportion of properties to the party injured in a domestic violence situation. This is to compensate for the pain or the expenses brought about by the injuries.

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Those proceedings will ultimately come to an end in the case of divorce. Consider who will be residing in the marital home. If you’re going to sell it, who is leaving? Purchasing a home will make sense if the housing market is friendly to buyers. It makes sense from a financial standpoint. Should I buy a house if I’m thinking of getting divorced?

Click here to watch the video Should I Buy a House if I’m Thinking of Getting Divorced? – Michigan Law

You might wish to delay from a legal perspective. Anything you get while still married will become a marital asset. It will be divided accordingly. The court may include in its order for one to buy a home if both parties agree to it. The court has the authority to require that money be set aside to buy the home. It is not possible without a court order in place.

What are marital and separate property?

Real property (real estate) and personal property are both examples of property. Real property is anything that is permanently affixed to the land. It includes houses, buildings, and other structures. All property that isn’t real property is classified as personal property. Money, vehicles, furniture, and jewelry fall under this definition.

A mobile house is not real estate; it is personal property. It has a title like a car, boat, or other types of vehicle. The lot or land is your real property if you own the one where your mobile home is situated.

The property you or your spouse acquired during your marriage is marital property. This includes any real estate you acquired while you were married.

Property acquired by one spouse before marriage is separate property.  Property given to one spouse during the marriage is separate property. For instance, a car that you purchased before getting married is separate property. When your parents pass away and leave money to you rather than your spouse. That money is separate property.

Separate property may occasionally become marital property. For instance, if you used inherited funds for joint purposes. Or, if you deposited the funds in a combined bank account, it becomes commingled.

Any real estate purchased and paid for by just one spouse may be that spouse’s separate property. You made changes to the property while you were married. The value of the property increased after you got married. The new value is typically regarded as marital property. As an illustration, let’s say your house was worth $200,000 when you were married. The house is worth $350,000 today. Your separate property is worth $200,000, while the remaining $150,000 belongs to the marriage.

People sometimes have mistaken beliefs about property ownership. Only one spouse’s name usually appears on a property deed. People believe that the other spouse has no ownership or legal claim to the property. That is untrue. Real estate bought or paid for during your marriage, is considered marital property. The name on the deed of the property is irrelevant.

It also doesn’t matter if the mortgage has one spouse’s name on it. The mortgage only identifies the borrower’s legal obligation to repay the debt. It doesn’t identify the property’s owner.

Your real estate should be divided according to the terms of your final judgment of divorce or JOD. Your JOD specifies which party will keep which property. To transfer specific items of property, you might need to complete more documents. It holds true regardless of whether the deed is in the name of the individual maintaining the property or whether both your names are on it.

The names on a deed cannot be changed for you by your JOD. The names on a deed cannot be changed by the judge on your behalf. A quitclaim deed must be executed by the party who is not maintaining the real estate. A quitclaim transfers their interest to the other party. To transfer ownership, a deed must be submitted to the county register of deeds.

What is the best time to sell and buy a house?

Spring is typically the best season for selling. You want to list when there is a big gap between supply and demand for housing.

Certain counties went through exactly that at the end of the previous year. Sellers were largely favored by the market. As a result, homeowners were able to sell their homes for far more money than usual. There are more things to consider, though, if you’re thinking of divorce.

You need to understand how taxes affect your net proceeds after a sale. 

You must pay capital gains tax each time you sell your house. Every time you sell a valuable asset, you have to give the government a sizable sum of money.

However, you qualify for a tax exemption if you’ve resided in your house for at least two of the last five years. If you’re married, you can claim up to $500,000 in capital gains tax, or $250,000 otherwise.

Should you buy a house if you’re thinking of divorce?

Consider who can afford to maintain the house between you and your spouse. Usually, the homeowner of the marital house handles all its expenses. In this, maintenance costs, property taxes, and mortgage payments can all be included. It makes sense for one individual to keep the home when they are the only ones who can pay these expenses.

It is typical for one spouse to vacate the marital residence prior to the divorce becoming final. Some people think their property rights are lost when they leave their place of residence. That is untrue. Before getting a divorce, a spouse who vacates the marital home retains a property interest in it.

You need to understand the implication of asset and liability in property division.

Your real estate is an asset if its value exceeds the amount you owe on it. A debt exists if you owe more money on real estate than it is worth.

The judge will divide the value of any real estate in your divorce, whether it is an asset or a debt. A judge may grant one spouse a real estate asset. The other spouse may receive more property to make up for that award. The other spouse may receive more debt. This is to balance out the award made to one spouse for real estate that is also a debt.

As we mentioned, anything you get during your marriage becomes part of the marital asset. You add it to what you already have and it becomes part of the property division later.

The judge may order you to sell your home if you and your spouse don’t have many other assets. In Michigan, each spouse is supposed to receive a fair part of the marital inheritance. The only way to do that may be through the sale of the property.

What we’re saying is that a lot can affect the total and net value of your marital asset before it is divided. There are debts, there are housing market trends, and there are taxes. You need to understand the effect of these things on the anticipated net proceeds if you buy or sell.

You don’t have liquid assets to go on and you’re not sure of the size of your debts. It may be prudent to hold off on buying a house while you are thinking of divorce. Talk to your attorney first to discuss the implications of buying or selling a house.

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We discuss the divorce process frequently. how you act. Discuss custody. How can we get custody? How do you manage all this? It is a struggle. It would go on for weeks. A judgment will ultimately wrap up everything. You can say my divorce and custody case is finalized. Now what?

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Enforcing the verdict comes next once judgment has been rendered. Parties might not concur. Although it shouldn’t happen, parties occasionally choose not to abide by court orders. It might not be fair to you, but judgment will be put into effect. The court is likely to impose punishments if you disobey the ruling after the fact. You will be required to cover the other party’s legal costs as part of the punishment.

Your divorce’s finalization is more than just a formality. Your soon-to-be ex-spouse still has rights. Your spouse still has the right to inherit, until your divorce is finalized. Your new marriage is null and void and can be canceled if you remarry before your divorce is finalized. Despite the fact that adultery is a rarely prosecuted crime, it is legally still a crime.

How is a divorce or custody case finalized?

Your divorce case can be resolved or finalized in one of the following:

[ a ]  If your spouse doesn’t submit an answer or take part in the case, the court will rule by default.

[ b ]  A joint decision made by you and your spouse through a negotiated judgment.

[ c ]  By mediated agreement. You and your partner consult with a mediator and make the arrangements

[ d ]  When you and your spouse are unable to come to an agreement, a court will decide the case through a trial.

You can submit a draft Judgment of Divorce for the court to sign following a default, an agreement, or a trial. In ending your marriage, the judgment will specify what you and your ex-spouse must do. Orders will cover child custody, parenting time, child support, spousal support, or alimony. There will also be orders as well for property and debt division.

The Judge won’t sign your order until the Friend of the Court or FOC approval is on file. The FOC ensures your orders include all the information required by Michigan law. FOC will verify that you have not omitted any necessary information. The FOC examines the enforceability of your parenting time provision. They also confirm that your child support arrangement complies with the statutory requirements.

Before they can be completed and entered by the Court, any of the following must be reviewed and approved by the Friend of the Court:

[ a ]  Final Judgment of Divorce with Children.

[ b ]  Final Child Custody Order.

[ c ]  Final Uniform Child Support Order.

[ d ]  Final Judgment of Divorce with Spousal Support.

[ e ]  Final Uniform Spousal Support Order.

[ f ]  Any order changing child support, parenting time, or custody from a previous order.

[ g ]  Motion and Order to Credit/Discharge Arrears Agreed Upon.

The FOC must receive copies of your proposed judgment or order. It should include other necessary paperwork which must be sent to its office by mail, email, or hand delivery. Before the final hearing in any divorce case or before the court issues the final custody order, the FOC must approve the documents.

Do not mail your original, signed documents to the FOC with your request. One copy will do. You won’t get your originals back if you mistakenly file them with the FOC. Depending on how you submitted your paperwork, you will receive a copy of the FOC’s written objection. It comes with instructions on how to correct it by mail or by email if there is a problem with your proposed order. Please give the FOC at least one week to review your documents. Make the necessary corrections. Resubmit the documents within a reasonable amount of time. The court will dismiss your case if it does not receive the document on time.

How does the court in Michigan enforce final judgment of divorce or custody?

A “Judgment of Divorce” will be signed by the court once your divorce is finalized.  It will be finalized through a settlement agreement or a trial before your judge.

The JOD is how courts and attorneys refer to this. Every single topic in the divorce will be discussed in the JOD. It will outline the split of cash and savings, pensions, 401(k), and debts. It will include personal and real estate assets, tax breaks, and refunds. parenting time and child support,  and spousal support will all be covered.

If one party does not abide by the court’s order, they may find themselves in a significant amount of trouble. Once these provisions are included in the JOD and are signed by the court, they constitute an “Order of the Court.”

A party may violate the conditions of the divorce judgment in a virtually infinite number of ways. These may consist of:

[ a ]  Nonpayment of spousal maintenance or child support

[ b ]  Failure to transfer a 401(k) or an IRA, for example

[ c ]  Refusal to return personal property

[ d ]  Taking an unauthorized tax break or holding onto an unauthorized tax refund

[ e ]  Not refinancing a real estate or auto loan

[ f ]  Failure to execute quit claim deeds for real estate

It can be exceedingly difficult to enforce orders in a divorce judgment or child custody. Especially if the instructions weren’t prepared properly. This happens far too frequently when individuals create their own orders. When they retain an inexperienced lawyer. A lawyer who drafts a divorce court order with vague language. Making it impossible to enforce.

What is the consequence of not complying with the final judgment of divorce or custody?

There are options available to you if your ex-spouse disobeys court orders. An adept family law attorney may use a “Show Cause” motion to compel your ex-spouse to appear in court.

A motion to show cause is a serious matter. It denotes that your ex-spouse must show up in court. Your ex-spouse will have to “present a good cause” for disobeying the court’s orders. Maybe your ex-spouse really does have a solid reason. A compelling one for disobeying the divorce judgment. They may have lost their job or are experiencing genuine financial hardship. In such circumstances, the court might provide the offending spouse some discretion. You can’t be the party knowingly violating the divorce judgment. You will receive a very unfavorable response from the court.

The court may compel the offending party to quickly make good on their violation. The court frequently has the power to require the offending spouse to cover your legal costs. Those costs are associated with filing your show cause motion. In severe instances of non-compliance, the court has the power to jail the offending ex-spouse.

Every decision made by a family court judge in Michigan is legally binding. The person who receives it is obliged to follow all instructions. Disregarding a divorce decision will result in expensive legal fees. It may even result in jail time, depending on the seriousness of the situation and applicable legislation.

Child support

Violating a family court order normally does not result in a police visit. Unless of course it violates child support orders. A divorce judgment may permit bench warrant arrests. If your ex-spouse is severely behind on support payments, your ex-spouse gets detained. An “enforcement motion” or “motion for contempt” permits you to ask the court to get your ex to follow the decree. It will most likely be issued by Michigan courts after you notify them of the situation.

Property division

A divorce ruling could include directing your ex-spouse to return certain property. It could be giving you property. If they refuse, a motion specifying property partition may be filed. A judge may use any of the following methods to carry out the decree:

[ a ]  Appoint a third party to take possession of the property on your behalf, protect it, and deliver it to you.

[ b ]  Pay any accumulated interest on past-due amounts to you.

[ c ]  Declare the former spouse in contempt of the court and demand that they pay a fine or serve time in jail.

[ d ]  You can bring a motion for enforcement of title transfer. This is a recourse in the event that a transfer of title document is not signed.

An affirmative defense to a show cause.

An ex-spouse may be unable to abide by the terms of the divorce judgment. In this circumstance, they may present an affirmative defense. If a person who was the subject of a child support order based on a specified salary is no longer employed. If the party is unable to make the payments, the order may be amended. The same procedure is followed in other circumstances. Equity payments are no longer paid at a certain date or when there are other related issues.

Can we still make modifications post-judgment?

You can change your divorce judgment in one of two ways: by submitting an appeal or by asking for it to be modified.

A divorced spouse may in some cases challenge the divorce decree. As a matter of right or with the court’s permission, an appeal may be made. Your time is extremely limited—just 21 days—in either case. A spouse must submit an appellate brief. The brief will explain that the family court erroneously applied the law. That decision led to a divorce judgment that was invalid. The brief is to appeal a final divorce judgment. An appellate-savvy lawyer can come in handy in this. An appeal could be challenging to execute.

Instead of appealing, parties can try a modification. Unhappy spouses frequently have a higher chance of having their divorce modified. Post-divorce judgment adjustments are possible in Michigan under a variety of conditions.

Changes to the following are among the most frequent judgment modifications:

[ a ]  Child custody

[ b ]  Child support

[ c ]  Parenting time

[ d ]  Spousal support

A significant shift in the circumstance may necessitate modifications. Examples of significant adjustments include:

[ a ]  Unemployment

[ b ]  Safety concerns for the children

[ c ]  Changes in compensation

[ d ]  Childcare costs have increased or decreased.

[ e ]  Modification of custody arrangements

[ f ]  Parent’s mental or physical well-being

[ g ]  Remarriage together with other modifications

Any modification can be requested by either party. For instance, the party providing spousal support could ask for decreased payments. The person receiving spousal support could ask the court to increase payments.

You can collaborate to produce a revised agreement. You and your ex-spouse can agree on the necessary revisions. The amended Agreement will not be effective immediately. It must first be presented for court approval. The proposed modifications will be examined by the court. It will then decide whether to approve the plan. If authorized, the modifications would take effect right away. A court hearing may or may not be required by the court.

If you and your spouse cannot agree on the modifications, the procedure is different. The party seeking a modification of the judgment must submit a motion to the court. The petition will be scheduled for hearing immediately after it is submitted.

The party requesting the change must show the judge during this hearing the material change. The change has taken place justifying the revision of the judgment. The judgment will be changed if the judge decides that there has been a significant change in the circumstances. This change will become effective right away.

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Knowing what happens in your initial session with a divorce lawyer is a good piece of education. You are aware that your lawyer will maintain your confidentiality. Like how healthcare experts protect your privacy. Even then, it doesn’t necessarily make things any simpler. Talking to a stranger is not the point. It primarily stems from a fear of being judged.

Click here to watch the video What Happens During An Initial Consultation With A Divorce Lawyer – Michigan Law

The fear leaves when a person visits a lawyer for advice. There are no judgments in your lawyer’s office. Attorneys will inquire about you, just like any other professional. Before the consultation, there would have been a phone call. The first meeting won’t involve discussing strategy with your lawyer. A case will develop. It will change in line with your goals and what the other party is doing. Timing, risks, support, and expense can all be discussed with your attorney. You’ll be discussing expectations.

Divorce is a very sensitive legal matter. It affects entire families. For many couples, it may be the first time they need to think about hiring a lawyer to protect their rights. You need a lawyer with expertise and in-depth knowledge. You also want one that has the right level of empathy for your predicament. Know what to expect from the consultation. Learn a lot about your attorney at your initial contact with him or her.

What to do before meeting your attorney for the first time?

The first consultation with a divorce attorney is crucial. This is your chance to judge the attorney’s skill and knowledge. You can use this as a time to set expectations for the divorce process. How frequently you will communicate by phone and email?  How much it will cost? And, how your case will be handled in general.

The decision to file for divorce should be final before calling your attorney.

If you’re going to call a divorce attorney, the decision to file for divorce should be a done deal already. Don’t make the decision to file or not to file a divorce during your consultation with your attorney. Your attorney can’t make that decision for you. The decision to file for a divorce is a very personal one. Your attorney is not in a position to be advising you on your reasons to end your marriage.

Be clear about the outcomes or goals for your divorce.

Give your case some thought. Identify your primary and secondary divorce goals. It can be incredibly helpful to your divorce attorney. What matters most to you as the divorce process unfolds? For some, deciding what to do with the marital house is the most crucial matter to settle. Other people focus on child custody. Your divorce attorney will like to know just what you aim to accomplish. Your attorney can give you a straightforward and realistic assessment of your objectives. Your chances of success for each one. Maybe even helping you arrange the order of your objectives.

Put your marriage details in writing.

By writing down the essential details your lawyer will need, you can save a ton of time. Write details like your full name, address, phone number, and date of birth. Your email address and social security number should be included. Give the entire names, birthdates, and SSNs of your kids. Include the names, jobs, and yearly incomes of your spouse and you. Determine if either you or your spouse is a parent from a previous union. Include the dates of your marriage and the departure of either you or your spouse from the marital house.

Recall any related matters for discussion.

Every divorce situation is unique. Make sure your attorney is informed of everything.  The partition of marital property is one of these issues. Other issues are child custody and child support. You also need to cover spousal support, and Alimony Pendente Lite (APL).

Your divorce attorney will be prepared to outline the legal process for each of those issues. What to expect on procedure and timeliness during your initial consultation. You ought to have a solid understanding of the various outcomes. Outcomes of the key processes in a divorce by the time you leave the meeting. Your attorney will explain the official procedure for resolving child custody problems. For instance, if you and your spouse are unable to agree on who will have physical custody of the minor children.

The processes of divorce are very challenging. It can cause intense emotions among those concerned. Having a support system around is so crucial during this time. It is advised that you bring a member of your immediate family to your consultation meeting. You can use this individual to listen, ask questions, and take notes.

What information to bring?

Compile and bring the necessary documentation to your initial meeting. Documents can help your attorney speed up the divorce process. Documents you will need will be depending on the many legal issues or circumstances.

Child Custody: Many variables will affect child custody. It may be useful to keep a record of your and your spouse’s work schedules. Declare your expectations for holidays and birthdays and any other pertinent information. 

Child Support: If you have children, you need to talk about the cost of raising them. Gather the most recent pay stubs for you and your spouse. Include year-end W2 statements and the most current tax returns. A summary of the children’s extracurricular activities and their associated expenditures. Compile a list of the children’s medical bills and figures for tuition or daycare charges. Don’t forget health insurance premiums.

Spousal Support: Spousal support and APL are determined by the parties’ respective incomes. Take with you the most current tax returns, year-end W-2 paperwork, and pay stubs. Income is the whole amount earned, not simply from one primary source.

Division of Marital Assets: To fairly divide marital assets your attorney will need a list of assets. Your attorney needs ownership information. Their values on the date of the marriage. Their values at the time of acquisition if they did so, and their current values. This goes for homes and rental properties. Including retirement funds, stock brokerage accounts, bank accounts, automobiles, and personal items. The majority of items acquired during a marriage are regarded as marital property. These properties are subject to equitable distribution by the court. If you are unable to locate this information, your divorce lawyer will be able to get them. It can be obtained through legal discovery during the divorce process.

Debts and Liabilities: Along with the marital assets, you should also submit proof of your own and your spouse’s debts and liabilities. This will include loans for credit cards, mortgages, students, businesses, etc.

You should include copies of any court order or agreement. Any document that pertains to the parties involved. This could be the prenuptial agreement, custody arrangement, and divorce complaint if one has been filed.

Here’s a more detailed list of information or documents. You need to consider bringing other data or documents to your first meeting.

[ a ]  Your spouse’s full legal name. If applicable, your spouse’s prior names.

[ b ]  Information on how to reach your spouse and his or her lawyer;

[ c ]  Information on the primary employer, profession, and earnings of your spouse;

[ d ]  Other income streams your spouse has;

[ e ]  Details about pension plan, health insurance, and benefits;

[ f ]  Details on who owns your marital house, including the mortgage’s balance and your payment history;

[ g ]  A list of your spouse’s assets, both jointly and individually; information on your indebtedness, both individually and jointly with your spouse;

[ h ]  A history of a  previous marriage;

[ i ]  The ages of the children you and your spouse have together;

[ j ]  Children from a previous marriage;

[ k ]  Any prior history of misconduct or domestic violence; and

[ l ]  Other information you believe might be pertinent to your case.

Don’t hold back from your attorney. If there is a document like an email or a text you think looks bad for you, let your attorney see it.  Bring a calendar of events or a journal if it can help jog your memory about the timeline and events. The documents can seem personal. Your divorce attorney should make you feel at ease. Be comfortable sharing – it will help you and your attorney be ready. 

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My ex is a psychopath. What can I do? You say ex which means an ex-spouse. It means you have divorced your spouse. Good for you. You should be doing great already. You got rid of a psychopathic spouse. Your ex-spouse’s psychopathic behavior is interfering with co-parenting and custody. Now that is a problem.

Click here to watch the video on My Ex Is a Psychopath, What Can I Do? – Michigan Law

Your attorney must be informed of your ex-spouse’s psychopathic behavior. You must inform your attorney that the current problem cannot be resolved together. To make co-parenting work, you must have total custody. The court can hold a hearing to review custody and parenting time. Your attorney can set this up. You must inform them that you and your kids are in danger due to the current circumstances. For this to be established, there must be substantial evidence.

What is a psychopath?

There are many words to describe a psychopath. A psychopath is callous or heartless, unemotional, morally depraved, or repugnant. It is frequently employed in clinical and legal settings even though it is not an established mental health diagnosis. Antisocial personality disorder characterizes persons who repeatedly act out and breach the law. A more general mental health diagnosis shares many signs with indicators of psychopathy. Only a small percentage of people with antisocial personality disorder are psychopaths.

It is a mental (antisocial) disorder. A person who exhibits amoral and antisocial behavior. This individual demonstrates an inability to love or form meaningful personal connections. Psychopaths exhibit extreme egotism and fail to learn from experience. 

Other diagnostic traits of a psychopath are as follows:

[ a ]  pathological egocentrism, 

[ b ]  lack of remorse or shame, 

[ c ]  impulsivity, 

[ d ]  grandiose sense of self-worth, 

[ e ]  pathological lying, 

[ f ]  manipulative behavior, 

[ g ]  poor self-control, 

[ h ]  promiscuous sexual behavior, 

[ i ]  juvenile delinquency and criminal versatility.

The above characteristics lead to the popular perception of psychopaths. Cold, callous, and inhuman beings.

Individual differences in psychopathic behavior are significant. Others may be successful leaders, while some are sex offenders and killers. Everything is based on the characteristics of each individual. There’s a distinction between a psychopath and a person who possesses psychopathic tendencies.

It’s possible to display psychopathic tendencies without actually being one. Even those who exhibit psychopathic tendencies may not always act in such a way. Only people who display antisocial behavior and psychopathic features are classified as psychopaths.

The parenting traits in the development of children’s antisocial behavior were studied. These studies looked into the connection between parenting style and child antisocial behavior. They saw the effects of aggressive, delinquent, and behavioral issues. They linked them to harsh and inconsistent parenting. A child’s antisocial behavior is influenced by a parent’s unsupportive parenting style.

There were few studies on the relationship between parenting style and psychopathic personality. These studies found evidence about the effects on adulthood personalities. The association between parenting style and children’s later psychopathic personality during adulthood. Researchers used a retrospective study design. It showed male psychopathic prisoners had more adverse experiences during childhood. These experiences include more neglect, abuse, and poor supervision than non-psychopathic prisoners.

A 2003 study also suggests a relationship between psychopathy and parenting style. The study employed a prospective study design. They found both childhood physical abuse at age 3 and poor parental bonding was related. It was linked to a psychopathic personality at age 28. Poor parental bonding is the lack of maternal care and low paternal overprotective.

These findings considered collectively point to parent-driven effects. Parenting style has a significant impact on the development of a psychopathic personality.

One percent of the population are psychopaths. Psychopaths are thought to make up three to twenty-one percent of CEOs. It is estimated that between 20 and 30 percent of inmates are psychopathic. Estimates of this may vary. Psychopaths are more likely than non-psychopaths to be freed from prison. They will most likely be given parole. A psychopath can convincingly pass for innocent or reformed. Regardless of the severity of their crimes. They are likely to commit another crime within a year of being released from jail. They are driven strongly by their psychopathy.

How will a psychopath affect custody and parenting time?

With an ex-spouse who is a psychopath, it won’t be about money. It will be about pleasure. The pleasure of domination, of inflicting pain, and of winning.

A psychopath will want to see your stress, aggravated, and losing control. This person wants to inflict pain. The joy of seeing all this all over your face and your body language drives and inspires this individual. It will also compromise you because you are going to look like an unstable parent. The Bad Parent. If you play to their design, you will most likely end up like one.

Psychopathic individuals are highly intelligent. They can use the law or even the legal system to attack you. You can become a victim of what we call legal abuse syndrome. Stressing you out during court proceedings and goading you to anger is one way to do it. Your spouse will falsely accuse you of child abuse and get CPS involved. Now your anger is not going to come out as a symptom of stress. Your psychopath will make it appear as something else.  A manifestation of a personality capable of child abuse.

Your psychopathic ex-partner will use court rules and procedures against you. Drag the proceedings longer than they should. This party is going to drive your legal cost up making it harder to retain your attorney. A good attorney will find a way to get the judge to charge your attorney fees to your psychopathic ex-spouse.

Your psychopath ex-spouse is going to trigger emotions in you by stalking you. Find a way to break or to rouse you to rage in public for witnesses to see. And, accuse you of assaulting him or her. You will get arrested. Now you have a criminal record. Don’t fall for this. It will compromise you as a parent.

Parent alienation will be another thing a psychopath will be good at. Psychopaths are very charming and prolific liars. They will try to influence children to see you as the enemy of the family. It will ruin your interaction with children during parenting time. Children may no longer want to see you if they had a choice.

You have to be just as intelligent and unemotional when dealing with a psychopathic ex-spouse.

What can I do with a psychopathic ex-spouse?

With a psychopath, it is best to avoid all negotiations and simply remove them from your life. Unfortunately, this is not always achievable. More so with a spouse or ex-spouse who is a psychopath and you have children together.

Here are some things to think about when dealing with a psychopath you know as your ex-spouse.

[ 1 ]  Understand what you really want. Know what you must have to survive and what you can live without. Don’t tell the psychopath about this, though. You should actually be careful while sharing information with anyone. You don’t want your adversary to learn about it. Without a doubt, this individual is an enemy. 

[ 2 ]  The psychopath’s main goal is to dominate. Determine what he or she wants to achieve by winning. Can you give it up? If so, let it go, and pretend to fight so the psychopath thinks he or she has won a crucial conflict. Discover the sociopath’s true desires. It’s unlikely that they are related to the children. Use that as a negotiating tool. Does your ex want to be able to claim that they dumped you? Is it because they don’t want to pay support? Accept the conditions, leave the state, and break your ties. If it will encourage the sociopath to give you custody, be prepared to walk away from your friends. You may even have to leave your house, and even the city you reside in. You may even have to forego child support if only to get your ex-spouse out of your life.

[ 3 ] You must anticipate that the sociopath will make every effort to harm you. Keep in mind that this person has no remorse for harming others or lying to anyone. Educate yourself. Talk to your attorney and learn the most practical ways to protect yourself legally.

[ 4 ] Prepare for a significant custody dispute with a psychopath. To prepare for battle against an ex-spouse you need to be ready to do extraordinary things and go the extra mile.

( a )  Note everything down. Every email, letter, and text you receive should be kept. So that you have a record of whatever your ex says, let your phone go to voicemail. With what you have, you might be able to trip him or her up later on in court.

( b )  Never talk to him or her by yourself. Make an effort to bring a witness. Choose someone who isn’t connected to you or with you. Have someone like that every time you interact with your ex-spouse. 

( c )  On the surface, keep your composure at all times. Your ex-spouse will portray you as an unstable person in front of the court. Your ex-spouse will set you up as hysterical, irrational, or possibly mentally sick. Don’t reveal to the sociopath what your true thoughts are.

( d )  Consider requesting a guardian ad litem, or child advocate, from the court.

( e )  Use a middleman, such as an attorney. The less you interact personally with the psychopath, the better. Your psychopathic ex-spouse wants to annoy you. Don’t give the psychopath the pleasure of seeing you annoyed, hurt, or frustrated. Psychopaths are drama junkies. Your ex-spouse will be trying to constantly elicit a response from you. Avoid responding. If you are injured, angry, or upset, don’t let the psychopath know. Cry when you go home but be a rock in front of your ex-spouse.

Find out if your partner is a psychopath. If chances are great your ex-spouse is, then you need an ally fast. You need a skilled divorce and family lawyer who can defend you. An ally to convince the judge of your ex-partner’s characteristics. Assist you in ending the marriage securely so you may move on to a fulfilling future. Start fresh.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.

Where your child should be is specified in your custody and parenting time order. It specifies which days of the week your child must be with your ex-spouse. The moment suddenly arrives when your child flatly says no to you. My child doesn’t want to stay with my ex. What can I do? It’s possible that you live in a more relaxed setting at home. Your ex-spouse runs the household like a police state. When you got divorced, you gave the court the authority to decide what to do about parenting. This cannot be a justification for you to disobey the court’s order now.

Click here to watch the video My Child Doesn’t Want to Stay With My Ex, What Can I Do? – Michigan Law

You must inform the court if you are finding it difficult to follow the parenting time order. Ask the court’s opinion. The court has the authority to alter or settle matters. The court seeks to carry out its directives. But, it also acknowledges that they are dealing with people. Children are people too. Inform your lawyer and submit the appropriate motions so that the court can make changes.

What is the rationale for parenting time?

When a child’s parents are divorced, the court makes custody arrangements. It is common for the court to rule that one parent should have the child more often than the other. The court use terms like “shared physical custody” or “primary physical custody.” One parent has more parenting time in this arrangement.

According to Michigan law, children should get along with both of their parents. The child’s best interests must be considered by the court. A standard used in deciding whether to grant or modify custody. The phrase “best interests” refers to a set of standards established by law.

The benefits of co-parenting are supported by very reliable empirical data. This strongly supports the state’s and the family courts’ stance on upholding the child’s best interests. Its effectiveness has been supported by statistics.

Here are the results of data gathered over four decades of research on shared parenting.

[ a ]  Co-parenting strengthens parent-child relationships.

[ b ]  90% of parents concur that having joint custody for at least a year significantly improved both themselves and their children.

[ c ]  Children who share custody are 80% less likely to experience parental abandonment later in life.

[ d ]  A child has twice as much of a chance to succeed when both parents share parenting time. Success is exhibited emotionally, physically, intellectually, and relationally.

[ e ]  Eliminating unfairness and litigation through shared parenting reduces the likelihood of parental conflict by 80%.

[ f ]  Co-parenting enhances the bond between the mother and father on an equal footing.

[ g ]  When each parent had at least 35% of the visitation time, children between the ages of 0 and 4 demonstrated noticeable benefits.

Spending time with your children allows you to talk to them and share things with them. They could be important or as simple as what you did during the day. You can create memories and get to know each other better. Most importantly, express your affection for one another. The best time to express this is when you spend time together with your children. Spending time with your children builds the foundation of your relationship. Whether you’re just hanging out in the kitchen or taking a once-in-a-lifetime trip.

What are the probable reasons for a child refusing parenting time?

You should adhere to the rules of your custody agreement to the letter. Yet there are some situations where a visit may not be possible. There may be nothing a parent can do if an older teen flat-out refuses visits. To ensure that visits take place, parents of younger children will need to take a more active part.

The specifics of your case determine the causes of your child’s refusal to see your co-parent. We can speculate or it could be one of these common possibilities:

[ a ]  Your child doesn’t like the rules they have to go by at your co-parent’s house.

[ b ]  Your co-parent lives far from the children’s friends, school, activities, and other enjoyable things.

[ c ]  Your child and your co-parent have a strained relationship. They constantly argue and disagree on a variety of issues.

[ d ]  Your child does not get along with the new relationship of your co-parent. Or, your child is not getting along with the other residents of their household.

[ e ]  The child carries ill feelings against the other parent. The child holds the parent accountable for the divorce. It may be a problem if you are disparaging your ex and this is the reason why your child feels upset. Parental alienation is the act of disparaging your ex in front of your child. It might be used in court as evidence against you.

[ f ]  Your child has experienced abuse or is afraid and doesn’t feel safe.

Address situations affecting the safety of your child with urgency. Inform your attorney or other legal specialists as soon as possible.

An older child, especially a teenager, presents a completely different set of issues. A fifteen-year-old boy cannot be coerced into seeing his parents against his will. Punishing your teen or limiting independence will cause more harm than good. It might lead him to consider the time spent with one parent as an alternative to punishment. It might harm how your child feels about spending time with the other parent.

The unpalatable fact is a teenager would most likely prefer to be with his friends than with his parents. Away from home and those pals is not something to look forward to.  Your teen will not find spending the weekend with the other parent as interesting. He might be more worried about missing out on his social circle.

What’s the repercussion of a child refusing parenting time? 

The opposing parent may pursue some legal actions. Your co-parent can file for contempt proceedings.  Your ex-spouse can ask for a change in custody if you refuse to make your child available for visitation. Understand that when a co-parent is left with no option, the logical course to take is to file a motion in court.

The other parent may or will seek a modification of custody.

The other parent of your child may ask the court to change the custody arrangement. Your co-parent may feel you aren’t doing enough to make arrangements for parenting time. Parents must prove that there has been a material change in circumstances. This refers to changes after the original custody order was issued. You also need to show that the proposed custody change will be in the best interests of the child when asking for a modification.

The degree to which each parent is willing and able to foster the child’s relationship and ongoing contact with the other parent is usually taken into account by judges when determining what custody arrangement is best for children. A  judge can consider a custodial parent’s inability to make a concerted attempt to arrange for the child to see the other parent.

Contempt proceedings can happen to enforce parenting time.

Parents may struggle to see their children during court-ordered visitation or parenting time. They may urge a judge to enforce their custody orders through contempt proceedings. They can do this by submitting a motion or application for an Order to Show Cause.

There is no hard-and-fast guideline here. There’s no number on how many infractions of a court order are necessary to issue a contempt citation. They often need to be frequent or ongoing. The judge must also determine that you disobeyed a court order with intent and knowledge. So it’s up to you to show that you made a sincere effort to arrange the visitation but were unable.

Judges don’t sympathize with custodial parents’ claims about children not wanting to visit the other parent. Particularly when the children involved are young. Even with teenagers. Parents must persuade a judge that they made every effort to get their teenager to see the other parent.

A parent who hasn’t been able to see a child will try to enforce the custody agreement. First, they would try through civil contempt. The parent intends to have the other parent follow the court’s decision. It’s a better option than criminal contempt.  Criminal contempt is intended to punish a parent for disobeying a court order. Consequently, a judge will often compel the offending parent to arrange visitation. The judge will do so as soon as they have found one of the parents to be in civil contempt. If parents continue to disobey, they may be subject to fines or even jail time.

You can be charged for custodial interference.

Custodial interference is when the non-custodial parent repeatedly tries to interfere with the custodial parent’s traditional custody rights. It is carried out to a point where it is disruptive. There may be several legal implications for the disruptive parent. Depending on how disruptive they were, legal action may or may not be taken.

A violation of the provisions of the child custody arrangement is interference. To avoid picking up or dropping off youngsters, for example. 

Numerous situations could lead to interference. Withholding the children from the custodial parent for a full day is an example. Another instance is when a parent regularly picks up and drops off their children late. Exhibiting a pattern of behavior violating the custody arrangement also qualifies as interference. It suggests a desire to obstruct the other parent’s custody rights.

Parents may go to great lengths to be with their children. Even more so if they are embroiled in a contentious custody battle. Disregarding a visitation order can have serious civil and criminal repercussions. A judge has the power to punish a party in family court. To do this, the court may assign make-up parenting time. The violating parent may be fined by the court. The court can impose fines and penalties. It can even charge you the attorney fees of the other parent. The court’s authority goes beyond that. It has the power to jail the offender and holds the offending party in contempt of court. The court has the power to restructure custody in favor of the other parent.

What do you do if your child is not cooperating with parenting time?

You should handle the matter as effectively and favorably as you can. You need to take the initiative if your child refuses to visit or remain with your co-parent.

Your child refuses to take part in parenting or visitation time. There are some approaches you can use. The more you put forth an effort, the less likely it is that you’ll be charged with contempt. Think about the other severe repercussions. All that inconvenience is because your child refuses to spend time with the other parent.

Document and/or notify the other party.

It’s crucial to appropriately alert your co-parent. Update your co-parent in situations like this. Keep track of what happened. Use a mechanism of communication to inform your co-parent as soon as you can. This will enable you to produce accurate records of the incident. Establish a means when you inform your co-parent.  Use the communication channels specified in your custody agreement or parenting schedule. It may include getting in touch with the parent’s lawyer.

Contact the other parent right away. Let your co-parent know what’s going on if your child refuses to cooperate with visitation. If not, it’s preferable to text or email. In this way, you have a written record of everything that transpired. It will document all your attempts to get your child to comply.

Talk to your child and listen empathically.

Find out the real reason your child doesn’t want to visit or stay with your co-parent. Allow your child to express their feelings to you without passing judgment.

When it’s your turn to reply, do so with consideration and kindness. Show them that you are aware of their worries by taking the entire family into account. Talk about the value of seeing the other parent and doing so. 

Ask your child why they don’t want to follow the court’s orders. Has the other parent’s home changed? Is there a new spouse or a new baby, that makes visits uncomfortable? Is it possible that your teen’s crucial extracurricular activities are interfering with visitation?  Is the school schedule interfere with the times you have planned with the other parent? The solutions you and the other parent come up with may be aided by the responses to these questions.

You might attempt counseling. Consult a therapist who has experience working with families and young people. Try it if your child becomes withdrawn and won’t talk about what’s bothering them.

Get your co-parent involved in the conversation.

It would be beneficial to seek the help of the other parent unless there is suspicion of abuse. Discuss the matter with your co-parent and come up with a strategy for handling it together. Encourage your co-parent to talk to your child via phone conversations or video chats. They can do it in a less stressful setting. Ask your child if they would be open to having a conversation with you and your ex-spouse. Suggest either in person or by video call.

Depending on the circumstances, a family gathering might offer a great opportunity. It’s a chance for everyone to discuss the problem. You might also think about having the chat with a neutral third party or mental health expert. Try a family therapist or a child counselor.

Make parenting time exchanges and transition seamless.

Transitions should be as seamless as possible. Make certain that your child is prepared and has all they need. Keep it consistent before they leave for a visit or a prolonged stay with your co-parent.

When you and your child talk about these visits, keep the conversation upbeat. Encourage your child to expect the time rather than dread it.

Be sure to maintain your composure when transitioning. As much as you will miss them, let your child know that you want them to spend this time with their other parent. Transitions should be brief, sweet, and comforting.

If you suspect abuse, take action.

Make every effort to gather evidence if you believe the other parent is abusing your child. Get as many details as you can. This is critical especially when your suspicions are based only on what your child has told you. Be careful not to coerce your child into saying anything untrue. Include anything you’ve noticed that supports what your child says. Behavior changes or medical issues following prior visits, in your writing. Include everything.

Prevent the other parent from seeing your child, and bring your documentation to the court. Ask for a temporary protective order. A formal request for a change in custody must also be made. Don’t halt the visitation due to suspected abuse. You could still be charged with contempt. Find out more about your options for handling domestic violence and custody disputes. Find out how to receive help.

If all else fails, file for a modification in your custody arrangement.

If everything else fails, you could try to modify the current parenting plans. Go through a court-ordered modification process or an agreement. Begin by asking the other parent if they would agree to a modification. It will address the cause of your child’s uncooperative behavior. For instance, you may change your parenting routine. Take into account the changing demands and interests of your adolescent child. See whether the other parent would take part in custody mediation. It is an option if you’re having problems deciding on your own. Any arrangement you reach would need to be approved by a judge in either case.

Children’s earliest exposure to what a relationship is and looks like is to their parents. Your relationship with the other parent is critical as a model for your child. A model for a healthy, productive, and respectful relationship. The two of you are being observed and studied by your child.

The growth of children depends on parental time. Children are given the chance to interact with both parents and spend time together. The presence of parents in their children’s lives allows parents to observe them. Learn about their actions, strengths, and flaws. This enables the parents to mentor them on their unique needs.

You can be cooking ice cream sundaes or have in-depth discussions. Talk about views and values with your children. Parents must spend quality time with their children and keep a good relationship. Children who spend time with adults feel cherished. It encourages them to be more outgoing and expressive.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.

You meet someone. You fell in love. You signed a prenup. You exchange vows. After that, you get divorced. You ask yourself: How will a signed prenup affect my Michigan divorce? What part does the prenuptial agreement have in the current divorce process? What background would the information in the prenuptial agreement give your divorce? There are no absolutes when it comes to the enforcement of prenuptial agreements in Michigan. Contrary to what you might see in movies or on television, prenups are not ironclad.

Click here to watch the video How Will a Signed Prenup Affect My Michigan Divorce? – Michigan Law

A prenuptial agreement is a contract between the parties. The Michigan courts have the option to enforce all the contract’s terms or just a portion of them. The court will make an effort to abide by the prenuptial agreement, but it won’t stop the court from conducting its own inquiry. The letter of the prenup will be evaluated by the court based on the current situation. During the divorce talks, you should discuss these conditions with your attorney.

These agreements are fairly common if one or both of the parties have large assets. It is if you have children from a previous marriage or with potential inheritances. It is also common for couples with high incomes. A must for a family business to protect or a desire to forego the high cost of further litigation. It can be good for those having a previous marriage that was thought to have ended unfairly.

Property is usually the most crucial thing to protect in a prenup.

What is a prenup?

People are aware of prenuptial agreements. The expression is widely used to describe a written contract by two people about to get married. According to theory, this arrangement protects a person’s assets in the event of a divorce. In the State of Michigan, this instrument is officially known as the antenuptial agreement.

We will be using prenup, prenuptial agreement, and antenuptial agreement interchangeably in this article.

Antenuptial agreements are written contracts between engaged couples. The document outlines how future earnings will be handled. It describes who will manage each other’s assets, and how assets may be distributed in the event of a divorce. Even if the marriage does not last, the agreement provides some level of certainty to each party.

According to the State of Michigan, antenuptial agreements are legal. It is legal as long as they are in writing and signed by the person who will be held accountable for them. This basically indicates that a court will not accept an oral agreement.

Use an antenuptial agreement if you have more assets than your intended spouse. Assets can be property or many investment accounts. A prenuptial agreement takes effect once a marriage happens.

The state code of Michigan does not specify what can and cannot be a part of a prenuptial agreement. Instead, it is founded on case law. Case laws are decisions made by higher courts. Here is an illustration of what might be in a prenuptial agreement:

[ a ]  How debts incurred before marriage will be paid;

[ b ]  How to classify gifts and/or inheritances acquired throughout the marriage;

[ c ]  How the earnings of each spouse will be categorized; and/or

[ d ]  The capacity and duty of each spouse to manage assets and property.

Any subject that is not against the law or that promotes divorce may be covered in a prenuptial agreement. Antenuptial agreements can cover any of the following:

[ a ]  Assets, business ventures, and financial accounts to be divided.

[b] If both spouses will evenly split the couple’s retirement accounts

[ c ]  The spouse’s capacity to control the resources of the home in marriage.

[ d ]  The length and sum of any alimony payments, as well as whether one spouse will be responsible for paying the other.

[ e ]  How to distribute life insurance payouts

[ f ]  Child support or inheritance of children from prior relationships.

[ g ]  What happens if a spouse dies during a marriage?

[ h ] Whether the provisions of the agreement calls for the execution of a will by one or both spouses.

You can think about utilizing a premarital agreement to divide liability for the debt. It can be important if you or your future spouse have a sizable amount. You can consider using a prenuptial agreement to limit the amount of spousal support.  You might be obliged to pay a lot more in alimony in case of a divorce if you earn a lot more money than your future spouse.

What are the advantages and disadvantages of a prenup?

A prenuptial agreement aims to aid potential couples in making detailed financial plans. It aids in preserving their assets, and planning for the future before they get married. Both parties must have their own attorney. It is important while negotiating the prenuptial agreement. Parties must work with their respective attorneys to ensure it is mutually beneficial. The agreement must not disproportionately benefit one spouse over the other.

Here are the significant advantages and disadvantages of antenuptial agreements.

Advantages of your signed prenuptial agreement

Providing mechanisms for wealth protection and facilitating future compliance to laws are significant advantages of an antenuptial agreement.

A mechanism for protecting wealth.

The main benefit of a prenup may be the ability to protect your wealth with your future spouse. Protection does not mean defending your current possessions from one another. You can work together to safeguard the wealth you bring into the marriage as individuals. More importantly, it protects the wealth you will assemble together.

Prenuptial agreements are capable of achieving this dual wealth protection. The process calls for full and honest information from both parties. It requires full disclosure of the assets and debts they would be bringing to the marriage. In drafting a prenuptial agreement, the couple must also discuss their financial goals. They must talk about what they want to gain from these assets as well as any future assets they could get.

Anticipate future compliance with legal processes.

Prenuptial agreements are utilized in circumstances outside separation and divorce. Prenuptial contracts can make divorce less stressful and easier. They can also make estate planning and end-of-life planning less complicated. A prenuptial agreement gives you more freedom. More freedom in deciding how much money to leave your children as a legacy than a regular will.

Many states, including Colorado, have very rigid inheritance rules. So people don’t always have the flexibility they’d like.  Especially in determining whom they want to leave their property to when they make a will. A prenuptial agreement allows couples to make decisions collectively. In some cases, alleviate the state’s inheritance restrictions. This is how a prenup may make upcoming legal difficulties easier to comprehend and handle.

Disadvantages of your signed prenuptial agreement

Not everything is covered by a prenuptial agreement. You can’t manage every aspect of marriage with this kind of arrangement. These restrictions should be understood before drafting the prenuptial agreement.

Here are some drawbacks of prenuptial agreements:

Terms and conditions in prenups are not ironclad.

Prenuptial agreements aren’t really ironclad in Michigan. Courts always attempt to render decisions that are in line with the wishes of the parties.

Situations can change to the extent that enforcement of the prenup would be unfair. The court might decide to reject the agreement.  The agreement might give one spouse a larger share of the marital estate. It cannot be rendered unenforceable just for this reason.

The ability of the courts to pierce prenuptial agreements has always existed. It always has to avoid unfair consequences. How can we forecast what will be deemed unfair by a judge whom we cannot choose? How can we anticipate the few years and asset changes down the road? How can you even guess all that when you are creating a prenuptial agreement?

There are no definitive answers to these questions. Cautious attorneys and parties will take steps to appear more equitable in prenuptial agreements.

The existence of prenups suggests distrust.

This is more of a misconception because prenuptial agreements are not inherently bad. Sadly, prenuptial agreements have a bad reputation. Many people believe they essentially lack faith in the relationship and lack romance. Signing a legal document may not be the most romantic move. It does not imply mistrust or a lack of faith in the future of the partnership.

Mentioning the creation of a last will and testament is often interpreted as portending death. Prenups are sometimes viewed as a divorce omen. Fairytale proposals and endings often evoke images of candlelit dinners, cuddling, and moonlit strolls. The fastest way to kill that vibe is to bring up the prospect of a future divorce. Marriage is a union that goes beyond romance and involves significant issues like property and finances, yet for some couples, discussing these subjects might overshadow this enjoyable moment.

Instead of waiting until the wedding invitations are sent out to bring up a prenup, carefully consider the ideal time and place to do so. In many states, if you force your fiancé to sign a prenuptial agreement right before the wedding, a court may declare the contract invalid because your fiancé didn’t have enough time to carefully review its contents. Not only is this unfair to your future spouse, but it also violates the presumption of informed consent.

How will our signed prenup affect my divorce?

Prenuptial agreements were the domain of affluent families. It was meant to deter gold diggers from trying to muscle in on the family riches.  Prenups have evolved into a means for pragmatic couples. Couples who are looking to protect their interests in the event of a divorce.

The issue is that prenuptial agreements are difficult to draft. It must adhere to strict requirements to be upheld. You could lose out on whatever benefits you were banking on. Especially, if a judge reviewing the legitimacy of a prenup finds it does not meet requirements.

If the antenuptial agreement was well-crafted and prepared in compliance with legal standards, it should not get in the way of your divorce. The courts in Michigan will comply with the letter and intentions of the antenuptial agreement. You will know that because of the following reasons:

There is no fraud during the process of drafting the document.

A prenuptial agreement that was obtained illegally would never hold up in court. Why does this matter? Fraud can occur during the drafting of a prenup document. Fraudulent situations include coercion, error, deception, or failure to disclose crucial information.

The court won’t be sympathetic if you coerced or threatened your spouse into signing a prenuptial agreement. You’re out of luck if you misrepresented the agreement’s terms. Even worse if you omitted to mention elements that would have discouraged your spouse from signing. You know what’s going to happen if you misled your spouse into signing the contract by mistake.

The letter and intention of the parties in the prenup are fair.

Fairness is important when considering prenuptial agreements. A spouse is already legally entitled to half of the marital estate. The spouse gets half without a prenup under the marriage contract. You cannot touch that half even if the other party agreed to it and signed it. A prenup with clauses deemed extremely unjust or unconscionable may not be upheld in court.

What actions are deemed unconscionable? Something that is so unfair that it would shock the conscience of any reasonable person. Let’s just say that it’s probably best to avoid a huge disparity that favors one party. The terms will be deemed unconscionable if, for example, benefits are not proportionate. It could mean limitations are placed on the establishment of community property. Or restrictions are placed on the division of property following a divorce or separation.

The current circumstances of your marriage and the parties have not changed dramatically.

It’s possible a prenuptial agreement won’t be upheld as legitimate, reasonable, and enforceable.  It can happen if your circumstances drastically change. And these changes happen during the course of your marriage. The intent of the prenup can be subject to interpretation and judicial discretion. The legal context may be challenging to understand. It’s possible that these drastic changes will prevent your prenup from being enforced. We’re talking about a change in circumstances that wasn’t fairly anticipated. Extreme changes such as in a “rags-to-riches” kind of thing. Circumstances of a spouse having a debilitating disease like cancer. Such extreme situations lead to very costly medical and palliative care.

You don’t want your prenuptial or antenuptial agreement to be a comical script during a divorce trial. If you are still in the process of anticipating an engagement, talk to your attorney now about your antenuptial agreement. If you are anticipating a divorce, get your attorney to have a look at your prenup before you face the opposing party.

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Can I pay my attorney fees after the divorce is finalized? It all comes down to the contract that governs the client-attorney relationship. A meeting of the minds. It’s acceptable if your divorce lawyer consents to be compensated after the divorce is finalized. You need to realize that this is rarely how things work.

Click here to watch the video Can I Pay My Attorney Fees After the Divorce Is Finalized? – Michigan Law

Your attorney may occasionally lack the necessary resources in certain circumstances. They might stop pursuing the case once the retainer has been exhausted. In the middle of the lawsuit, your attorney could withdraw from your case. When the divorce process is at its most intense, you won’t have a lawyer. In a divorce, it’s not acceptable to charge based on results.

When do you need an attorney in a divorce?

Some prospective clients think they have all the information necessary to take action after a quick visit with a lawyer. They think that information is enough to represent themselves as counsel. It’s just not true.

A prospective client gets an explanation of the divorce procedure from an attorney. The first meeting with your attorney is set for this purpose. They could give the client a general idea of what to expect during the divorce. It is unlikely the attorney will handle the case without more specific information. They still need to decide the strategies they might use in this situation. Or what the expected result would be. They haven’t got enough time to consider the specifics in the first meeting.

You can initiate the divorce process without an attorney. Start the balling rolling on the filing on your own. You may do so under Michigan law. Any circuit court in Michigan will accept your divorce suit. You make the required filing fees. The parties must be properly served with summonses after the court issues them. Observe the necessary steps that the Friend of the Court, or FOC, has specified. State if there are children involved in your divorce. You must submit petitions for hearings. You have to let the parties know about these hearings. Petitioners and moving parties are required to reply. Hearings will need attendance from both sides. You need to be educated about each of these procedures.

The more complex or difficult the issues you are facing in your divorce case, the more you need an attorney. You will be needing one if:

[ a ]  You own property;

[ b ]  You possess a retirement account or plan;

[ c ]  You give birth to children while married. One spouse is a parent who is not biological.

[ d ]  You must pay spousal support (alimony);

[ e ]  You are subjected to emotional, verbal, or physical abuse;

[ f ]  One or more substantial areas of contention underlie divorce.

A divorce ruling must be written by someone. Once all requirements are satisfied, the court renders a decision. A domestic relations order is created by the court. Asset allocation will be outlined in the order as part of the divorce judgment. The final hearing for the divorce judgment is set by the court. You need an attorney to do all those mentioned and navigate the court system at the same time.

What can you expect in terms of expenses and legal fees?

Legal expenses can range from $350 to $400 or more per hour. It depends on the level of experience, reputation, and proven success of the attorney. you hire in family law issues. Some attorneys ask for an upfront fee or retainer.

Law firms get paid for legal services in a variety of ways. You are charged by the hour for every time the attorney spends working on your case. You will be charged more for each conversation, email, meeting, and court appearance.

Some lawyers may charge a set rate for certain services. The flat fee will likely be less in a simple, straightforward case. It will be different in a complex or contentious family law matter. A typical flat rate can range from $3,000 to as much as $20,000.

Some lawyers charge clients on a retainer basis. An advance payment made to the lawyer to handle your case is known as a retainer. The lawyer takes money out of this retainer as expenses arise during the case. Depending on your agreement, if the dispute is immediately resolved, you may be entitled to a refund of the retainer. If the retainer is spent before the matter is settled, you will be required to pay extra.

Understanding the components of your attorney fees. Requesting a formal breakdown is essential. Expenses lawyers could charge include travel expenses and paralegal services. It also covers copying, faxing, and other expenditures. Make sure the billing procedure is stated in detail in your contract. It ensures that you are not hit with any unexpected fees.

Most experienced and effective family law attorneys charge by the hour. They request a retainer (or deposit) in advance before beginning any divorce case. Attorneys for divorce usually charge low retainer fees in Michigan.

Fees and costs are deducted from the retainer as they are incurred.  The customer is usually responsible for any further fees or costs incurred thereafter. Top divorce lawyers usually request replenishment of the retainer as it is depleted.

Is it good to pay my attorney only after the divorce is finalized?

There will be a lot of back-and-forth shuttling during the whole process of divorce. There will be court appearances and there will be court filing fees. Your attorney cannot pay these costs for you. It is the reason why attorneys ask for retainers. There are expenses when filing things in court.

Attorneys are not in the business of subsidizing litigation expenses. They are paid for their advice and their expertise in facilitating the legal process. They are not paid based on results. 

Clients may take actions that aren’t genuinely motivated by justice.  Nor does it serve the interests of everyone. It is mostly motivated by pride, rage, and jealousy. It feeds hostility amongst ex-spouses. This is what we mean by “acrimonious conflicts.” It can be so acrimonious in some child custody cases. The child’s representation may be so inadequate that the court may have to hire another person. An expert, to represent the child. The expense of this expert will be charged to the parents.

The valuation of assets in the property division is a factor in some costs. It will require an expert to do a proper valuation. In these circumstances, costs might rise quickly and significantly.

When an attorney or legal firm gives you an hourly quote, they are not discussing the whole cost. The lawyer is only providing you hours that will be used when they devote the necessary time to your case. Your lawyer doesn’t truly know how much will be reflected in your billings. They aren’t sure how many hours they will need to put in. At least not until they begin working on the divorce case’s legal requirements.

You need to fund your attorney’s retainer for them to represent you and pursue your family law case. If you can’t, they cannot give their full time and focus on it. They will most likely withdraw from your case to give priority to other cases.

Can I get my spouse to pay my attorney fees in my divorce case?

Parties to a lawsuit in the United States are responsible for their legal fees and costs. This is according to the “American Rule” of litigation. It is so unless express permission is given by a statute, court order, or written agreement to charge the other party for them. This differs from the “English Rule” practiced in other nations. In the “English Rule,” the losing party handles the winning side’s legal fees and expenses. In Michigan, parties typically wind up paying for their attorneys. There are scenarios in which the court could order one spouse to cover the other spouse’s legal fees and costs.

When someone needs a divorce attorney, they may still be living together. Or, they have some other type of financial connection to the other spouse. This means that the majority of the time, the retainer for the lawyer will come from a joint account or a credit card. At times it will be some other source of money that the court will view as marital. 

It is a somewhat uncommon situation. The parties have lived apart for so long and have been in charge of their finances. The court now would not view all accounts and assets as marital. The parties have to keep paying the lawyer throughout the litigation.  They do that either with cash, a credit card, or a loan of some kind.

Almost often, one party will pay more for legal services than the other. You have to consider the amount of marital funds you and your ex-spouse have already spent. You have allocated funds for your respective attorney for fees. Include your legal expenses when you discuss the financial division of property and accounts. You can do that through mediation or otherwise. Normally, the parties are urged to “equalize” the amount of attorney expenses. You can do that by paying the attorney fees from the marital assets of each party.

Domestic litigation deviates from the American Rule on attorney fees in two circumstances. The court will order one spouse to pay the other spouse’s legal costs. 

The first situation is when one party is unable to pay for an attorney from their income or salary. In this situation, the other side can do so. This occurs when one spouse has been the primary wage earner throughout the marriage. The primary wage earner has a sizable salary. The other spouse has never worked outside the home.

This rule is intended to prevent one party from essentially “starving out” the other party. This is done by leveraging their greater financial resources to fund costly litigation. Litigation that the other party would otherwise be unable to afford. In this case, the court can order one spouse to cover the entire cost of the other’s divorce-related bills and legal fees.

The second situation is one party has forced the other party to spend money on legal expenses. It forces the other party to defend against unjustified or unfounded accusations. The court can award the other spouse all legal fees and costs incurred in defending against or litigating a specific issue. But, not all the attorney fees in the case. The court will determine that a motion or defense was made with the court to intimidate or harass the other spouse. It will confirm if the motions were without any real legal merit. This prevents one party from abusing the divorce procedure. The rationale is to prevent the other party from using court processes as a tool to punish the other spouse.

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 Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.