When you become involved in family law, you are interacting with the judicial system. You’ll be operating in a system you have no knowledge of. You’ll encounter surprises. Things that even surprise lawyers To navigate this system, you need legal representation. You need to inquire. How do I know I’m hiring the right attorney for my family law case? What sort of lawyer do I need? How should a lawyer behave? 

Click here to watch the video How Do I Know I’m Hiring the Right Attorney for My Family Law Case in Michigan?

There are various personality types among lawyers. They use several strategies. What is your vision for your family law case, then, should be your first concern? You must find out whether your lawyer agrees with your vision of the outcome. If you and your lawyer agree on how you want the case to turn out, then you found your attorney. The right attorney.

Expecting your lawyer to enter your life with a solution is unrealistic. That is not how they function. Each situation varies. Each situation requires individualized care. Additionally, the court shares this opinion. It is well known that the court moves slowly. They take deliberate, small measures to get to a decision. Be deliberate in your process of finding your attorney. They don’t come with ready-made solutions to your legal challenges.

What does it take to be a family lawyer?

Being a family lawyer is neither cheap nor simple. The Michigan Board of Law Examiners mandates the completion of two years of undergraduate education. This is equal to 60 semester hours or 90 quarter hours. This is before you apply to law school. Law schools accredited by the American Bar Association (ABA) need applicants to have a bachelor’s degree. They have to complete this before they may even consider applying. After finishing the study, students will need to have a lot of litigation experience. The experience gives them an opportunity to put what they have learned in law school into practice.

A good family lawyer should be sympathetic to your situation and understand it. Regardless of gender. Expect your attorney to battle tenaciously on your behalf. To get things resolved. The goal is to help you move on with your life and look forward. You must first make sure that your lawyer shares your perspective. Your vision. If not, allow your lawyer to present a different plan for the outcome you can accept.

You want someone who has a good reputation for legal expertise. You should be able to work with your lawyer to win your case. You and your lawyer must work together.  Decide how to handle the many and frequently contentious aspects of divorce.

What you should expect from a family law attorney?

You may rely on your lawyer to provide you with guidance on how to convey what needs to be done. You can expect your lawyer to represent you in communications. Be prepared to pay for the advice and communication. Your lawyer is a professional. Expect to be treated with respect, and extend the same courtesy to the professional. Be prepared for your lawyer to resign if you can’t keep up a professional rapport.

Expect certain steps to be taken.

Your attorney will take all efforts to put you on the right path. You and your attorney won’t be running a sprint since a court case is more like a marathon.

A divorce lawyer’s initial consultation usually takes an hour or so. Throughout the discussion, the attorney will ask questions. The questions will focus on your marriage and its conditions. The length of the partnership. You’ll be talking about your income and employment history. Any asset or debt you both have, whether you have children together and other factors can be included.

Expect a lot of advice and communication from your attorney. 

You and your partner should have the same expectations for the direction of your case. The steps from points A to B.  The destination is Point B. Your point B could be a successful divorce settlement. It could be child custody, more parenting time, or an exoneration. It is at this point when communication and legal counsel truly prove their worth.

You win your family law case if you have sound legal counsel. Instead of only resolving conflict, a family law attorney helps to diffuse it. If you try to resolve a disagreement on your own, it’s probable that the conflict may worsen. The expense of hiring a lawyer to handle it will rise. This is a result of increased emotional involvement on both sides.

Expect a lot of back-and-forth shuttling to manage your case.

Experience matters when it comes to litigation. Family law practitioners have litigated cases for a sizable part of their careers. Due to their extensive experience, they have unmatched knowledge of strategies. They have seen tactics used by opposing counsel. They have heard the responses of judges to particular arguments. And have poured over pieces of evidence.

There is a strong chance you are experiencing some pretty serious emotional turmoil.  A family law professional can offer unbiased and realistic insights. Your attorney can provide experience-based advice.

Your attorney has the expertise, familiarity with court procedures, and access to legal resources. Attorneys can execute their jobs faster than you could. A family law lawyer with experience has appeared before judges in your region. They will be knowledgeable about the judge’s preferences.  Including filing documents in the local court system. It allows them to keep the timeliness of proceedings.

Expect respect from your attorney and an appreciation of your situation.

Expect a timely response from your attorney after they receive your email or phone. The most effective ones even have the opportunity to teach you about family law. Their resource includes a variety of internet materials they make available. They use technology to monitor your case. Lawyers assigned to it are always informed of its progress.

They might not always be able to reply to you right away, but they still anticipate hearing from you. The busiest family law offices are the most successful. Successful because many people know and trust them. They will never stop worrying about open cases. Be tolerant. They will always be able to contact you via phone, chat, or email. Include your name, address, and a brief description of your problem when you get in touch with them.

How do you know your attorney is the one for you?

You want someone with a strong reputation for legal expertise. Your lawyer should be someone with whom you can work on your case. You and your attorney must work together to resolve the various and contentious aspects of divorce and custody.

Tell your attorney what you hope will happen with your case. What outcome are you aiming for? Next, depending on his response to your question, ask him how he plans to approach the case.

What do you envision as the case’s future direction? You have undoubtedly found your counsel if your potential family lawyer shares your vision.

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

Your ex is driving you crazy. Your ex fights dirty. Your ex playing dirty in your custody case is getting on your nerves. How to counter it? You shouldn’t be responding to your ex’s antics. Your attorney should be taking action on your behalf. Many things can be referred to as “fighting dirty.” You can be causing your own frustration by failing to do the right things. 

Click here to watch the video on How to Counter an Ex Who Plays Dirty in Custody Case

Let your lawyer choose the best strategy for your case. Decide with your lawyer what is worth defending and what is worth settling. You must choose the course of action that the judge will find most persuasive. The best approach is to put yourself in a position to protect your children’s interests. Your attorney should be able to express your position to the court.

How do you participate in a custody case?

You must either be the complaining party or the defendant in a custody case. You are the Defendant in the case if you were served with a custody complaint.

Every document you file in the custody dispute should be served to the opposite parent of the child. Defendant sends the documents to the other parent at the address shown on the Summons. Send the documents by First-Class Mail. Or send the documents to the other parent’s attorney if they already have one.

Fill out a Proof of Mailing form and submit it to the court clerk’s office. Submit it to the county with jurisdiction over your custody case.  Complete the Proof of Mailing form every time you mail a document.

It’s not necessary for you to hire a lawyer. You are allowed to represent yourself or be your own advocate. If you and the other parent of your child can agree on the important matters you may not need a lawyer. Or if the other parent is not represented by a lawyer, you might be able to handle your case on your own. It can be difficult to represent yourself in a custody dispute otherwise.

The other parent of your child might disagree with you on crucial matters. You should think about getting an attorney. You should also need an attorney if your case involves complex legal considerations. You should consider this if:

[ a ]  You’re having a child and uncertain about the biological father’s identity

[ b ]  You are experiencing physical, verbal, or emotional abuse in a relationship?

When parents are unable to come to an agreement over custody on their own, a judge will have to make that decision. The chance exists for each spouse to argue their case why they ought to be the custodial parent. The possibility of devious tactics in a custody dispute exists. More so when the hearing is contested.

What kind of dirt and tricks can your ex throw at you?

You may have heard of parents who use dubious tactics during a child custody dispute. Some do it to keep full custody of their kids or others to avenge their spouse. This is not a wise course of action, and the parent who attempts it may find that it backfires.

Let’s do a tour of some of them.

Your ex-spouse’s dirty tricks before the hearing. 

People use one or more dirty tactics in a custody case. The point of these antics is to retaliate against their spouse. Or divert your focus as you prepare to appear in court for a custody hearing. Here are a few examples of these dirty tricks:

[ a ]  Max out credit cards or empty bank accounts.

[ b ]  Get a restraining order against you based on unfounded or fabricated claims.

[ c ]  Making a false accusation of physical abuse.

[ d ]  Move with the kids without giving notice or leaving a forwarding address.

Your ex-spouse’s dirty tricks after the custody hearing. 

There are sneaky tactics a former spouse might use after your custody hearing, such as:

[ a ]  Limiting or prohibiting the non-custodial parent’s use of the child’s phone

[ b ]  Refusing the non-custodial parent’s request for a visit.

[ c ]  Bad-mouthing the other parent to affect the child’s perception of the other parent.

[ d ]  Sabotaging the non-custodial parent opportunities to take part in school activities.

[ e ]  Not communicating the child’s health information to the non-custodial parent

Keep thorough records of everything that has happened between the two of you if your husband is behaving unfairly against you. Be sure to include your spouse’s words and actions, but also keep a record of your own. Avoid losing your temper or threatening your partner. Keep a level head and let your lawyer handle it instead. It’s your lawyer’s job to handle these things.

How do you counter the dirt and the tricks from your ex-spouse?

The law requires the judge to look into your character. In a custody dispute, the judge will make conclusions about your character as a parent. The judge makes those conclusions without having the luxury of knowing who you may have been.  Whom you are before getting into this terrible circumstance.

There are many ways to use a custody dispute as a chance to teach your children important life lessons. Many things can go wrong when you’re in the middle of a custody dispute. This will teach them to show compassion and respect to their own kids. Even when they’re having a difficult time. Your ex-spouse spewing all these dirty tricks is indeed a difficult time. There are things you can do to lessen the impact of these tactics.

Do not be reluctant to hire an attorney.

We strongly advise anyone against watching too many TV shows about court drama. Especially if you’re going through a custody or divorce dispute.  Hire legal counsel. If your ex has a lawyer on their side, it will be very difficult for you to prevail. It will take a lot of funds to represent yourself in court against a seasoned legal team. Let your attorney do the legal jostling with the other party.

Keep your documentation organized.

This includes records of all your interactions with your kids. These records can come in the form of photos, emails, phone conversations, and logs. Keep track of anything the other parent does. Take note of interaction that isn’t typical or reasonable for raising children well.

Keep a journal and record every detail.

This includes anything your ex says or does to hurt you. You might not think it matters.  You will want it when the other parent of your child tries to discredit you in front of the judge.

Don’t mirror your ex-spouse’s tactics. Don’t play dirty. 

Don’t use your kids as weapons. Don’t threaten or physically harm the other parent. Stalking, taking pictures of, or spying on the other parent are also examples of playing dirty. These will do nothing except cause you harm and offer your ex more reasons to turn the tables on you.

Show your kids should how to respect others.

Many people believe that by making their ex look awful, they will win their custody case. Don’t pass up a wonderful chance to teach your kids important life lessons. Show kindness and respect to others in the presence of your children. Even when things aren’t going well.

Show the other parent respect.

Even when circumstances are at their worst, be respectful. Don’t engage in dishonest behavior. Don’t disparage your ex, and avoid doing anything that could harm your case in court. Or give the impression that you are a bitter person without self-control.

Don’t draw your kids into the conflict. Don’t allow the other parent to do so.

Things won’t be pleasant if you’re fighting for custody. It’s not an excuse to put your kids in the middle because that doesn’t demonstrate stability. A lawyer who is cross-examining you or an enraged or bitter ex may try to make you look terrible. They can let it happen in front of your children. The judge will see right through this. But your children are going to be witnesses to the back-and-forth fighting. They are hearing much more than what is actually being spoken.

Do not ignore or arrive late for parenting time.

You want to assure the court that you are acting in good faith. You cannot have the other parent of your child constantly whining about issues. Especially those you typically have control over. There will be a problem if you arrive late. If you fail to appear or fail to inform your ex of where, when, and for how long you will be bringing the children.

Be open to collaborating with your ex-spouse.

The court wants you to work together, not separately. Keep in mind that you will be on this team with the other parent of your child.

It is useful to review the standards the court uses to decide on the best placement for the children. You need to appreciate and understand how not to act during your custody dispute. The court determines the custody arrangement and parenting time. It does so in the best interests of the child.

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

What exactly is a probate process?  How do you prepare for a probate proceeding? You have to submit a petition to start the probate process. In various legal systems, it may go by different names. You file this petition with the probate court to request help. The probate process aids in identifying legal heirs. It should identify every participant.

Click here to watch the video on How to Prepare for a Probate Proceeding in Michigan

The court notifies all parties involved in the upcoming proceedings. You must make a list to prepare for the probate process. The list must include each of the heir’s name and contact address. Your attorney may not know all or most of the heirs. You must assist your lawyer in compiling a thorough and accurate list of these heirs. Handle the preparation of the list with diligence and thoroughness.

What is probate?

The entirety of a person’s net worth makes up their estate. An estate includes all real estate, personal property, investments, cash, and other assets. These are things a person owns or controls in a lifetime.

A deceased person is called a “decedent” in tax and estate planning. When someone passes away, their belongings become a part of their estate. The legal will prescribes the ultimate affairs of a decedent’s estate.

In Michigan, probate is a formal legal procedure that may be necessary following a death. A probate will help a surviving relative assemble the deceased’s possessions. Settle any outstanding obligations and taxes. The process allows the court to distribute the deceased’s assets to the beneficiaries.

A decedent leaves behind properties. Properties must pass on to the heirs of the decedent. These properties or assets could consist of:

[ a ]  Real estate includes homes, other structures, land, and anything affixed to it.

[ b ]  Personal property like furniture, vehicles, and other items not tied to real estate

[ c ]  Money in banks

[ d ]  Bonds and stocks

[ e ]  Debts owed to individual

In the event of a person’s death, the law specifies the division of their property. Probate courts in Michigan are responsible for the fair division of the estate. Probate administration is the term used for this. Items belonging to the deceased are part of the estate. There is a certain group of properties not distributed by the probate court since it is not a part of the estate. Usually not included in the estate are:

[ a ]  Property owned jointly

[ b ]  Insurance policies

[ c ]  Accounts for retirement, or

[ d ]  Trusts not created by a will

What happens in probate?

When a  person dies he or she leaves behind their estate for others to manage and divide. The family members of the decedent may be in mourning. But someone still has to take care of the decedent’s possessions. There are clusters of activities and processes taking care of the decedent’s possession. Some of the tasks have to do with legal compliance. This is what happens during probate.

The Simplified Process

You can manage or administer an estate in a variety of ways. An estate with a less significant amount of property can use a simplified procedure. The probate court is marginally or not at all involved in the process. The streamlined procedures are:

[ a ]  Assignment of Property

[ b ]  Transfer by Affidavit

[ c ]  Collect payment due from an employer.

[ d ]  A vehicle transfer

[ e ]  Collect personal property

For a decedent who passed away in 2022, an estate must be valued at $25,000 or less to be eligible for a simplified process. Every few years, this number increases.

The Informal Probate

The probate register oversees the conduct of informal probate proceedings.  There are fewer steps in informal proceedings. The process might still be challenging. Selecting the personal representative or the PR is the first stage. in the informal probate process.

Fill out the Application for Informal Probate and/or Appointment of Personal Representative form. 

If you want to be the personal representative, fill out the form. Attached the following to the completed application form:

[ a ]  A copy of the death certificate (certified); and

[ b ]  The decedent’s will.

Submit the completed form and documents to the county probate court. It should be the decedent’s county of residence. File the paperwork in the county where the real estate is located. Do this if the decedent is not residing in Michigan but did own real estate there. Pay the corresponding filing fee.

You can fill out a Petition and Order to Open a Safe Deposit Box. You will need this to Locate a Will or Burial Deed. You are asking the court to grant you access to the will if you believe the deceased may have left one there.

The probate register signs the Probate Register’s Statement if they approve the application. The document names the personal representative and acknowledges the will. The personal representative must complete the Acceptance of Appointment form. PR signs it and files it before acting on the intentions of the will.

You must serve the notifications. Notify anyone who has a higher or equal right to be a personal representative of the estate.

Deliver the notification verbally or via letter. You must add Proof of Service to your application after completing the service. If you decide to mail the notification, the probate court must wait 14 days. 14 days before taking any action on your application after you mail the notice. The court must hold off on acting on your motion for seven days. 

The Formal Probate

For formal probate proceedings to begin, you must be an “interested party.” Any individual with a stake in, claim against, or property right in the estate is an interested party. It might involve the decedent:

[ 1 ]  Heir

[ 2 ]  Devisee

[ 3 ]  Creditor

[ 4 ]  Beneficiary

To start the procedure, interested parties must fill out and submit a form. The form is called Petition for Probate and/or Appointment of Personal Representative. You may use this petition to request that the court issue any of the following orders:

[ a ]  Probate a will.

[ b ]  Set aside or stop informal probate of a will.

[ c ]  Discover that the deceased passed away without leaving a will and intestate.

[ d ]  You must notify interested parties if you file the petition seeking the judge to order a will to be probated. Or to determine testacy whether there is a legitimate will.

[ e ]  You must enclose a certified copy of the decedent’s death certificate. Attached it to your petition. A filing fee is due when you submit your petition.

Serving Notices to Interested Parties in a Probate

The court clerk will set a hearing date once you submit your petition. You have to ask the court clerk when you file your petition when to expect hearings. The clerk of court may not schedule your hearing when you file your petition. Ask the clerk of court whether you should call back to seek a hearing date.

You must notify or secure the petition’s signed consent from the following parties:

[ a]  All the heirs of the deceased.

[ b ]  All the devisees and personal representatives mentioned in the will.

[ c ]  If applicable, a personal representative whose appointment has not been terminated.

[ d ]  Any individual who, if relevant, submitted a demand for notice.

[ e ]  The trustees of any trusts left by the deceased, if any.

Notice may be given through:

[ a ]  First-class mail at least 14 days prior to the hearing.

[ b ]  Personal delivery at least seven days prior to the hearing.

[ c ]  Published a single notice in a newspaper with wide distribution in the county. This notice is an alternative in case the identity or address of an interested party is unknown.

Attending the Hearing

The probate judge will look into the following:

[ a ]  The decedent’s domicile (legal residence), 

[ b ]  The decedent’s heirs, and 

[ c ]  If a valid will exists during the hearing. 

How long hearings will be and how long, depends on whether someone is contesting the petition. An interested party may contest (object to) the will’s validity to probate. It might be challenging to contest or support a will. 

You should ask a lawyer to assist you with this aspect of the case.

The judge will enter an Order of Formal Proceedings if your petition is not objected to. Or the judge can decide to proceed with the case in spite of the objections. The PR must sign and submit the Acceptance of Appointment before acting on behalf of the estate.

Closing an Estate

The following needs to take place before an estate can be closed:

[ a ]  The estate must be accessible for at least five months.

[ b ]  The publication of the required notice to creditors. (At least four months before closing the estate).

[ c ]  Payment of the inventory fee.

[ d ]  Payment of taxes on estates and inheritances (proof of payment required)

There are two approaches to closing an estate:

[ a ]  Complete an estate settlement. Or,

[ b ] Request a settlement order.

If you are going to end up being a PR in an estate, it may be expedient to work with an attorney. You may need someone to navigate the legal system and the probate laws.

What is a personal representative in probate?

A Probate Court appoints somebody to be a personal representative or PR. The PR oversees the administration of a decedent’s estate. during the Michigan Probate procedure.

The PR is in charge of overseeing and allocating the decedent’s estate to the heirs. The estate includes debt, cash, and assets that the deceased person owned at the time of their passing. 

The PR carries out the instructions in the decedent’s Last Will and Testament. A will sometimes name a PR. In the absence of a Will, you may apply to the court. You can be appointed a Personal Representative. You can administer the estate under Michigan Law.

A personal representative from Michigan must be older than 18 years of age. You are a person who is not legally incapacitated. There is a specific hierarchy for the selection of a Personal Representative. According to Michigan Probate Law, this order is as follows:

[1] The person designated in the decedent’s will as Personal Representative

[2] If the surviving spouse is a beneficiary under the Will, then the surviving spouse.

[3] Other beneficiaries named in the will.

[4] The surviving spouse if not named a beneficiary in the will.

[5] Other heirs of the deceased

[6] With the probate judge’s approval, a creditor may be appointed. This is done if no one has been named after a specific amount of time.

How do you prepare for a probate proceeding?

You or the families of the deceased should take the following actions as soon as possible. Take these actions before a PR is appointed:

[ a ]  The PR specified in the will may carry out the written instructions of the decedent dealing. Taking care of the decedent’s body. Make funeral arrangements and order enough copies of the death certificate.

 [ b ] Locate the will if it exists. Find out where it is, and make arrangements to protect the decedent’s important papers. 

[ c ] Get the identities of the heirs of the decedent. Including all other individuals mentioned in the will.  Collect information about their residences and Social Security numbers.

[d] Get a list of the deceased person’s assets and information on how they are held. Verify if they are in joint names, trusts, sole names, or beneficiary designations. for things like life insurance, IRAs, and employment benefits, among other things.

[e] Make security arrangements for the deceased’s residence and company.

[f] Report the death to the Social Security Administration. Find out if any survivor payments are going to be granted.

[g] Ensure all funeral and estate-related costs are meticulously documented.

[h] Find out who will serve as the personal representative (PR) and, if a will exists.  Take the necessary steps to file a petition for the appointment of a PR and the determination of testacy. If there is a will, open a probate in the probate court in the decedent’s home county.

Until a person has been formally appointed by the court as PR, nobody may act on behalf of the estate. A PR’s authority is official through the issuing letters of authority. There may be disagreement before the appointment of a regular PR. The court resolves this by appointing an interim PR.

The special interim PR will protect the estate assets and get the original will. Or pursue specific legal rights.

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

Family law encompasses a wide range of legal rights. You must understand that it is not just about divorce. State matters like probate proceedings and divorce concerns may overlap. Can a divorce agreement be used to establish a claim in intestate or probate proceedings? 

Click here to watch the video on Using a Divorce Agreement in Intestate or Probate Case in Michigan

When there is a divorce decision and a will that one of the spouses has executed, this may occur. Some people might wonder if the divorced spouse receives any of the inheritance. Or if the spouse was still included in the estate at this point. The decedent may not have wanted their spouse in their life.

A person’s estate consists whole of their net assets. Real properties, personal property, investments, money, and other assets make up an estate.

“Intestate succession” is a set of default rules. It determines who gets your estate if you die without making arrangements in advance. It declares who inherits your estate if you die. In a way, the State of Michigan has created a default last will and testament on your behalf with these rules.

In tax and estate planning, a deceased individual is referred to as a “decedent.” A person’s possessions become a part of their estate when they die. A formal will outlines the final affairs of a decedent’s estate.

Probate is a formal legal process required in Michigan after a death. The probate will assist a surviving relative in gathering the deceased’s possessions. Pay down any taxes and responsibilities that are still owed. The probate distributes the assets of the deceased to the beneficiaries by the court.

What happens to your properties or estate when you die without a will?

This happens very often. Married couples believe their whole wealth goes to their spouse after their death. This is not always the case.  How you divide your estate will depend on how many living descendants you have. The number of live descendants and living parents you have will determine how much goes to your wife. Michigan’s intestacy rule defines the division.

Your spouse will receive the first $150,000 of your intestate estate and 3/4 of the rest. This is if you have a surviving parent but no descendants. The balance will go to your parent or parents.

Your spouse will receive the first $150.000 of the intestate property and half of the remaining amount if you have at least one common descendant between you (child, grandchild, etc.). The rest of the intestate estate will go to your heirs.

If you die leaving at least one descendant but no common descendant with your living spouse. Your spouse gets the first $100,000 of the intestate property and half of the remaining amount.  The balance of the intestate estate will go to your descendants.

Your spouse inherits your whole estate if you don’t have any living descendants or parents.

The amount of $150,000 and $100,000 change yearly to reflect the cost of living. The sums cited in this article are calculated using figures from 2000 or before. The Department of Treasury releases annual cost-of-living adjustments. The amounts listed above have been modified as a result.

What happens to the estate when a spouse dies in the process of divorce?

A devastating occurrence that often catches people off guard is the death of a spouse. Remember that there are many legal concerns that need to be resolved during a divorce. The passing of one spouse is one of these concerns.

If a spouse dies while the divorce is still pending, it will not be finalized. This is true regardless of whether you have agreed to any of the conditions of your divorce. Marriage is a contract. Rescinding a contract like divorce needs the consent of both contracting parties. There is no way to proceed in the event that one party passes away.

The surviving spouse can take ownership of their communal property. This is if your spouse passes away during the divorce process. There are a few exceptions to this rule in property succession. If your spouse specified someone else in the will. The assets will go to that individual instead of you. 

Any marital debts incurred during the marriage are now your personal responsibility. This includes mortgages, vehicle loans, student loans, and credit card debt.

These debts still belong to your deceased spouse’s estate. You must settle these debts before asset distribution. You cannot ignore them. The only exception is if your prenuptial agreement specifies something else.

Can a divorce agreement be used to make claims during intestate or probate proceedings?

A divorce nullifies the provision of a will. You cannot use your divorce agreement for claims in intestate or probate proceedings.

Even if you neglected to change the direct beneficiary information on your accounts. Your ex-spouse is not entitled to receive those funds after your death. Unless your divorce decree state something different. For example, you indicated in your divorce agreement certain benefits. You indicated your ex-spouse will still be a beneficiary. A beneficiary of your retirement account or your life insurance plan.

Michigan Compiled Laws have something to say about gifts in wills after divorce. After divorce, any gift made to an ex-spouse in an otherwise valid will becomes null and invalid. In other words, the provisions of your will that leave gifts to your ex-spouse will be invalid. 

To reflect your new intentions, it is safer to update your will after getting divorced. This area of the law can be rather complex.

When a married person dies leaving no will, the law makes provisions for the surviving spouse. The law presumes that if a spouse executed a will, the decedent would have included their spouse in it. The law also makes the assumption about divorced spouses. The law presumes a spouse doesn’t want to support their ex-spouse after passing away.

It’s crucial to continue updating your will or estate plan as your life changes after you’ve put one in place. Without making the necessary changes, you risk leaving a loved one with no safety nets, if you divorce, remarry, or have children. Discuss your goals with a knowledgeable attorney. Michigan law has the potential to frustrate your intentions.

After a divorce, update your estate plan. Make a list of your financial possessions. Part of your estate plan should be to make the proper beneficiary changes in documents. This is to safeguard your new family from any potential claims from an ex-spouse.

Subscribe to our YouTube channel today for more advice on Family Law!

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

What’s the interplay between divorce and health insurance? What do you need to know about divorce and health insurance? A working spouse usually covers the insurance of the non-working spouse. What happens if you lose coverage because of the divorce?

 Click here to watch the video on Divorce & Health Insurance What You Need to Know

Insurance companies usually end the health coverage of the beneficiary spouse after a divorce. There’s a law allowing non-working spouses to be covered by the working spouse’s insurance. This coverage is usually effective for a certain period. Your ex-spouse has the option to pay the extra premium. Or find a better insurance plan with lower premiums.

You’re going through a divorce (or legal separation). You reflected on major concerns like child support, property division, and child custody. There’s a distinct possibility you have forgotten to consider your health insurance. Your divorce can have an impact on health insurance.  The more you understand about health insurance, the better prepared you will be. 

What do you need to know about health insurance in Michigan?

The Patient Protection and Affordable Care Act (PPACA) established the Healthy Michigan Plan. PPACA or Public Act 107 of 2013 went into effect on April 1, 2014. The act defined the benefits under the Healthy Michigan Plan or HMP. The HMP benefit structure guarantees beneficiaries access to high-quality medical care. It encourages the use of high-value services. HMP also supports the adoption of healthy lifestyle habits.

HMP made health care benefits available through the plan. Governor Rick Snyder signed the Michigan Public Act 107 of 2013 that created the plan. Governor Snyder signed the state law on September 16, 2013.

The Healthy Michigan Plan

Eligibility under the HMP health care coverage is for individuals who:  

[ 1 ]  Are 19-64 years of age.

[ 2 ]  Have income at or below 133% of the federal poverty level. (The Modified Adjusted Gross Income methodology establishes the federal poverty level.)

[ 3 ]  Are not qualified for Medicare.

[ 4 ]  Are not qualified for other Medicaid programs.

[ 5 ]  Are not pregnant at the time of application.

[ 6 ]  Are residents of the State of Michigan

It’s not unusual for people to continue to be without health insurance after a divorce. This reality in health insurance can be true, especially for women.

The methodology for Modified Adjusted Gross Income determines eligibility for the plan. The Department of Human Services rolls out the implementation of the plan. Applications must meet the criteria for Modified Adjusted Gross Income eligibility. 

Citizens of the State of Michigan can avail of services under the Healthy Michigan Plan. They can receive these essential health benefits:

[ a ]  Hospitalization

[ b ]  Maternity and newborn care

[ c ]  Treatment of mental health and substance use disorder treatment services. (It also includes behavioral health treatment).

[ d ]  Ambulatory patient services

[ e ]  Emergency services

[ f ]  Prescription drugs

[ g ]  Habilitative and rehabilitative services and devices

[ h ]  Laboratory services

[ i ]  Wellness and preventive services

[ j ]  Chronic disease management

[ k ]  Pediatric services, covering vision and oral care

The Healthy Michigan Plan covers other medical services when appropriate. There can be cases where participants may be subject to cost-sharing obligations.

Data on Health Care Coverage in Michigan

Three percent of Michigan’s entire population lacked health insurance in 2021. Statista revealed the majority of Michigan’s citizens have health insurance through their jobs. Statista is a research organization for market and consumer data.

Around 115,000 women lose their private healthcare insurance yearly because of divorce. A study by the University of Michigan in 2012 revealed this finding. Furthermore, 65,000 women continue to go uninsured for extended periods. Twenty-five percent% of women are often without coverage six months after their divorce.  These are women who had relied on their partners’ insurance policies.

Many women struggle to keep their private insurance coverage. They are no longer considered dependents under their husbands’ policies. They struggle to afford the premiums for other private insurance options. And many divorced women do not qualify for Medicaid or other public insurance. This is despite the frequent financial difficulty they endure.

Women with employer-based insurance are less likely to lose health insurance. This is in comparison with other women (11 percent versus 17 percent). They are not completely protected from health care expenses. The financial losses associated with divorce make it harder to pay regular expenses. Such expenses include their share of employer-sponsored health insurance.

The University of Michigan study looked into women from the ages of 26 to 64 who divorced between 1996 and 2007. The study included women with modest incomes with ages between 50 and 64. It revealed women are more at risk of losing their healthcare coverage.

What is the impact of divorce on health insurance coverage? Can you lose insurance coverage while the divorce process is ongoing?

A divorce dissolves your status as dependent on a spouse’s health insurance. You will no longer qualify for your ex-spouse’s health insurance plan. 

A legal separation judgment and a marriage dissolution decree are both treated equally. The majority of health insurance companies will end ex-spouses’ coverage.  You could continue as a dependent on your husband or partner’s health insurance. A government plan can make it possible. Confirm this with the provider of the government health insurance plan.

While the divorce process is ongoing, there are a set of orders preventing the loss of insurance coverage. 

You have filed for divorce or legal separation. You have been served with a Petition and Summons for divorce or legal separation. Specific orders go into effect. These orders restrain you and your spouse or partner from taking certain actions. These orders are called ATROs. It’s an acronym for Automatic Temporary Restraining Orders. Find the ATROs on the second page of the family law Summons. ATROs prohibit you and your spouse or partner from altering any insurance coverage.  ATROs include but are not limited to, canceling existing health insurance benefits. Or ending the status of the other spouse or partner as a beneficiary.

The ATROs stay in effect during the process of divorce until the final judgment. Or the Petition is dismissed, or until further order of the court, whichever occurs first.

The final judgment may oblige your ex-spouse or partner to continue paying insurance. If this has been arranged and agreed upon. If it does, you should send the insurer or plan a copy of your judgment. Together with it is a notice informing them you are a covered dependent under the policy. The insurer must give notice of any cancellation, lapse, or change under the policy. The notice includes instructions for maintaining your current coverage as specified in the judgment.

What alternatives do you have if you lose health insurance because of divorce?

If you do lose health insurance coverage, what are your options? Protection is embedded in federal and state laws. Certain federal and state laws offer options for health insurance.

Certain statutes require group plans to provide a beneficiary with ongoing protection. It protects those who lose eligibility due to a divorce from a covered employee. The coverage provides three years of ongoing group health coverage. And then an option for conversion.  

Employer-sponsored group health insurance in the United States covers employees and their families. Employees as per statutes have the right to continue their coverage. It is critical if insurance coverage were to end due to a change in their immediate family or a job loss. The Federal COBRA Act applies to companies with 20 or more employees. It provides certain benefits to employees when insurance coverage ends. COBRA protects this privilege.

Consolidated Omnibus Budget Reconciliation Act more popularly known as COBRA. It is group health, dental, and vision coverage. It offers an option to cover insurance that might otherwise expire. The termination of the coverage is due to a specific qualifying event. The coverage is then temporarily extended.

The employer has 14 days after the divorce to give the documents needed to keep your insurance. The decision to accept the continuous coverage is then yours to make for 45 days. Your insurance coverage will immediately expire. You have to take action within those 45 days. A former spouse has up to 60 days after divorce to respond. You have to confirm if you want to continue receiving insurance through the employer. If you do not, you lose your opportunity to receive insurance via your ex-spouse’s employer.

You cannot always maintain your insurance coverage through the employer of your ex-spouse. It provides only a 36-month extension of your insurance. 

Coverage could end early if any of the following scenarios occur:

[ 1 ]  You cease payment of the premium;

[ 2 ] The spouse’s employer no longer subscribes to group insurance; 

[ 3 ]  The spouse’s employer ends or goes out of business; 

[ 4 ]  You enroll in another group plan. The new plan does not place restrictions on coverage for pre-existing conditions; or 

[ 5 ]  Your current status becomes eligible for Medicare.

This COBRA extension of your ex-spouse’s employer’s benefits will cost you a lot of money. The COBRA plan has the authority to charge you up to 100% of the premium cost. It will also charge a 2% administrative fee. It is likely to cost hundreds of dollars each month to maintain the same insurance. If you’re unemployed, you might not be able or willing to cover this cost right away after your divorce. 

The cost of COBRA insurance renewals is also high. It is 84% of your average monthly unemployment payment.

Michigan does not have a Mini-COBRA Law. It does have one applicable to businesses with 19 or fewer employees. Employees do have the choice to switch to another group health plan. They can switch from a group to an individual self-pay marketplace plan.

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

Both parents have equal chances of gaining and losing custody. The mother by default has custody of the children. A father earns it by marriage or by establishing paternity. How can a father lose custody? 

Click here to watch the video on How a Father Can Lose a Custody Battle in Michigan?

A surefire way to lose custody is to appear in court while intoxicated or high. Another behavior is to alienate the other parent in front of the children. You shouldn’t involve your kids in the divorce proceedings in court. You must protect your kids from the strain and suffering of a divorce. The day you start alienating your ex-spouse may be the day you start to lose custody.

What is parental alienation?

Parental alienation describes the collapse of children’s relationship with one of their parents. This collapse does not show any good reason for it. One parent is usually blamed for the perceived parental alienation.

If you’re a father, you have to read this.

Parental alienation is a type of family estrangement. It is when members of a family become estranged from one another for no clear reason. A child shows an unreasonable preference for one parent. A child avoiding one parent is usually not talked about as parental alienation. It can exist between a parent and child for other reasons.

The concept of estrangement comes in two broad categories:

Justified parental estrangement. A child rejects the parent’s destructive or abusive behavior. Examples of this behavior are drug use, neglect, or desertion, among other things.

Parental alienation. Parental alienation occurs when a child identifies with one parent’s behavior. The child strongly identifies with that parent. and rejects the other without good reason. Here’s the distinction. The child’s rejection has nothing to do with anything the rejected parent has done.

We posted an article about parents losing custody, 3 Reasons Parents Lose Custody Of Their Kids In Michigan. In that article one of three reasons for losing custody is alienating the other parent.

Parents can show parental alienation through certain behaviors like:

[ a ]  Badmouthing the other parent.

[ b ]  Informing children the other parent does not want to visit them.

[ c ]  Obstructing parenting time.

[ d ]  Putting the blame for the divorce on the other parent.

Parental alienation is often accompanied by narcissistic or borderline behaviors. Self-centeredness and weakness in listening to others’ contrasting viewpoints. These are two characteristics of narcissistic people. Narcissists place a strong emphasis on their own desires, thoughts, feelings, and beliefs. They disregard the goals and viewpoints of others.

A parent who is more narcissistic and who alienates children may try to “destroy” the other parent. They do this by using the kids as tools or pawns in the conflict. These people assert they are defending the children from the “evil” other. They show little regard for what is in the best interests of the child. Narcissists use the children in their never-ending battle to harm the other parent.

Fathers are often the parents who experience parental alienation. Mothers can also experience it, and it does happen. The children are the ones that suffer the most, regardless of which parent is to blame for the alienation. This kind of severe emotional abuse can damage the bond between parents and children. It can persist for the rest of the child’s life.

We have described what parental alienation looks like. Are you manifesting any of the above behaviors? For your sake and your custody case, we hope you are not.

What is the effect of parental alienation on children?

Having both parents around generates a lot of benefits for children. One parent criticizing the other does not create a gain for anyone.  It’s actually the opposite. The aftermath of divorce hurt children.  They suffer when their parents involve them in their power struggles. Parents with vengeful goals are oblivious to the needs of their children. Children suffer when parents use them and focus only on their personal goals. It is a form of abuse.

Parental alienation has terrible psychological, behavioral, and spiritual impacts on children. Denying contact with the alienated parent amounts to cruel and unusual punishment. It affects both the parent and the child even in the absence of abuse or neglect.

Parental alienation is a severe child protection issue. It violates a fundamental tenet of children’s social justice. Children have the right to know. They deserve to be cared for by both parents.

The Association of Family and Conciliation Courts conducted a survey at their conference. The survey in their 2014 conference polled respondents about parental alienation. Ninety-eight percent of respondents agreed children might be persuaded to reject a parent. The parent who doesn’t deserve it.

Research shows a sizable fraction of parents in high-conflict custody disputes suffer. It creates psychopathology and personality problems.

This leads to the familial dynamics below:

(1) The dynamics also strain the relationship of the alienating parent with the child.

(2) The need of the child for a relationship with both parents is not acknowledged, and

(3) The alienating parent distorts and paints an unfavorable view of the other parent.

Parental alienation affects at least 3.9 million children in the United States. Data show they are “moderately to severely” alienated from a parent. This is according to The Parental Alienation Study Group. We have three times more parent-alienated children in the United States than there are autistic children.

How can you be the better man in your custody battle?

We have always mentioned this biased of the Michigan courts for children’s well-being.  The courts want both parents to be around their children if possible. Don’t attack or compromise the relationship of your ex-spouse with your children. By doing so, you also compromise stability in their lives. 

Fathers must represent strength, not aggressiveness. You can manifest strength in so many ways. Alienating your ex-spouse does not do it.

Long story short: avoid alienating your ex-spouse. Don’t put yourself in situations that get you branded as an unfit parent. Never criticize your partner in front of your children. Don’t involve the children in your and your former spouse’s disagreement. It is bad for their young psyches and makes the process challenging for them. It might be challenging to control your dissatisfaction. Or even your rage. More so when you must contend with a vengeful spouse or an ex with malicious spouse syndrome.

It can be challenging to put yourself in check. It is a must to maintain emotional control in stressful situations. A divorce or a child custody dispute can be a stressor. The urge to give in to your emotions and explode in a fit of rage could be strong, but you must resist it.

Courts will not award custody to a parent exhibiting strong, uncontrolled emotions. particularly ones like rage. Not in Michigan. Even if your spouse is enraged and spiteful, it is best to refrain from responding. Don’t respond in kind since doing so will only make things worse for you.

One parent’s alienating sentiments can also end in emotional estrangement. It can be worse because it occurs when a child begins to prefer a parent-free home. The courts have a zero-tolerance policy for this conduct. It will severely admonish any parent who engages in it.

No matter how little you think the other parent has done to deserve it, treat them with respect. Honorable conduct will not only assist in the protection of your child. It gives the court the opportunity to see why you are the best individual to advocate on their behalf. It’s not appropriate to demonize or criticize your spouse in front of other people.

Subscribe to our YouTube channel today for more advice on Family Law!

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

Spouses in a divorce center on different things.  Some focus on the assets the parties have accumulated. Some focus on the debts they have to resolve while others are more focused on the child. They focus on custody, parenting time, and child support issues. What do you mean by a child-centered divorce?

Click here to watch the video What Is a Child-Centered Divorce in Michigan?

The case starts out with a single focus. As separating spouses get closer to the end of the case, they get involved in other things. They suddenly involve themselves in all aspects of the divorce.  A divorce case is an evolving process. Your initial concerns will change as the life cycle of the case progresses.

What needs your attention in a divorce?

What is important to you? It can be overwhelming after your attorney educates you about what to expect in a divorce. The initial shock or effect of knowing what comes after can get to you. 

There aren’t many ways to avoid the Michigan divorce procedure, which you won’t like. How you and your soon-to-be ex can complete your divorce is up to you.  You and your spouse must have resided in Michigan for at least six months before filing for divorce. Parties in a divorce settle property, debt, child custody, alimony, and other matters. A lot of discussions need to happen as soon as possible between you and your spouse. If so, you should start the divorce process in the county where you or your spouse last resided.

Since divorce is an evolving process. Your priorities and focus can change while going through the divorce. You will find yourself focusing on things with different levels of importance to you.

Let’s mention aspects of divorce you may have to focus on. 

Property division.

Property is either classified as “marital” or “separate” and is then divided. In Michigan, separate property is exempt from distribution, whereas marital property is. The courts must establish which of the categories the property items belong within. Once you learn about separate and marital assets you become conscious of what you have. How much more or how much less can change your focus? The judgment of divorce can determine the quality of your life after divorce.

Child support.

Child support is a sum of money ordered by a circuit court for a child. This financial support pays for child care, education, and other costs of raising a child. It may also include covering medical, dental, and other healthcare costs.

Financial and emotional support are necessities for all children. Every child must receive support from both parents. It is crucial for parents to cooperate even when they do not live together to assist their child. The involvement of parents in their children’s lives is an opportunity. It is an opportunity for children to achieve their greatest potential. Depending on how much love there is can determine how contentious child custody will be. Parents express this concern often at the beginning of the divorce process.

Spousal support.

Spousal support is a payment made by one ex-spouse to the other during or after a divorce. Spousal support ensures that each spouse can meet their financial obligations. This can come during and after the divorce process. The level, frequency, and length of support will vary. It varies depending on your particular situation. You and your spouse must agree on a spousal support amount and duration. The court upholds decisions about support if agreements are fair to both parties. 

Child custody and parenting time.

Child custody is the legal obligation to care for and govern your child until they turn 18. The court grants custody to one or both parents. Parenting time and custody arrangements are crucial choices. It determines where your kids reside. How frequently they see each parent, and who gets to make big decisions for them.

Make a list of the concerns you need to bring up with your attorney. Organize the items on your list that you can all agree on. Make a separate list of topics you can admit you don’t know enough about.  Another list you know you’ll be able to agree on or you know enough about to be able to say you won’t agree on. Give your lawyer a copy of this list, and let him or her help you discover some common ground. It will not cover everything but it’s a good start for what can be a productive discussion.

What dimensions of divorce do you need to deal with?

Separating spouses will understand the divorce process. When they do, it changes their perspective. When you have been through the initial process, it becomes clear there are more things to deal with.

The things to understand, learn, and focus on in a divorce.

The kinds of divorce.

You have to understand what kind of divorce you’re filing. It is important because each kind has a different process and requires different forms. There’s contested and uncontested divorce. There’s divorce with minor children and divorce with no minor children. Divorce with minor children will require filings for child support and parenting time.

The requirements of divorce.

In the state of Michigan, there are particular residency requirements. You must adhere to state-specific requirements before submitting a petition to Michigan courts. If the divorce from your former husband is still pending, you should consult a lawyer.  You should have all prior divorce cases dismissed. Courts need this before beginning a new divorce case. 

If your spouse has never lived in Michigan, the judge’s decisions can be more limited. A Michigan court may have no authority if you have no residency. It may not be able to decide on certain matters. like child custody, child support, and parenting time.

The timelines.

The court can consider a six-month plan for a divorce involving children. The court wants you to think about certain things because they could have an effect on the children. Of course, this schedule can change at the discretion of the court and statutes. If you are divorcing without children, the court will have other considerations. You have 60 days to settle your divorce litigation. The court follows a timeframe, even if you’ve already sold off some of your possessions.

There are further deadlines, such as summonses served within 90 days. This suggests that there must be a deadline for serving the summons. It is impossible to start a case without a valid summons. The court must issue a new summons if the original one expires. You and the other party need to comply. It is critical for various divorce-related actions to move forward. This lack of control over timelines can be an irritation. More so if you are concerned about the cost and time-sensitive priorities.

What do you mean by a child-centered divorce?

As it involves ending the marriage, going through a divorce may be one of life’s most difficult stages. It is well-recognized that divorce has a negative impact on children. Sons of divorced parents in the US experience divorce at a rate of 35%, compared to 60% for daughters. History repeats itself with more certainty with daughters than sons.

Parents may be unaware of the long-term impact of divorce on their children. Couples must reflect on and have a conversation about how divorce can affect their children’s long-term mental and physical health.

An acrimonious relationship between parents during a divorce can cause adverse short-term repercussions. It can have adverse effects on children. These adverse effects include anxiety, recurring stress, mood swings, irritability, intense sadness, and disillusionment. 

Long-term repercussions include behavioral and social problems. Children will experience troubled relationships and even substance abuse.  Children of divorced parents will have poor education. They will have challenges uplifting themselves socio-economically.

In a child-centered divorce, attorneys help their clients make decisions about the divorce. It centers on considerations and decisions reflecting what is best for the children.

It is the goal of divorce negotiations to make sure that a couple’s children are as untouched by the split. Lawyers try as much as possible. They hope children can carry on living happy lives. And continue having good ties with both parents despite the parents’ separation. For this to proceed as well as possible, the spouses should be on somewhat good terms. and prepared to cooperate. Putting the needs and wants of the children before their own. Separating spouses must emphasize the needs of children. Focus on how this arrangement might benefit them is crucial. Child-centered divorce can be an emotional journey. It is more taxing for the parents at first.

Child-centered divorce reduces the stress and mental turmoil many children experience. The approach makes sure that parents collaborate. They work together to determine what is best for their children. Then take the necessary actions to uphold that choice.

Children move through the process in a smooth manner. And go on to lead fulfilling lives. They can do so in both of their parents’ separate homes. Thanks to effective co-parenting and little parental conflict with a child-centered approach.

Subscribe to our YouTube channel today for more advice on Family Law!

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