One of the challenges of filing for divorce is the stress that comes with it. Before filing for divorce, they hold off for a day, a week, or even months. Even when a significant issue or problem is in front of them, they choose not to file. Why is that so?

Click here to watch the video If I Rely on My Spouse Financially, How Can I Get a Divorce in Michigan?

It usually has to do with fear. The outcome is what the party is frightened of. In an abusive relationship, both parties worry that the worse consequences will follow. There is a circumstance where things will settle down. The other party is now aware that the court is reviewing the relationship. The proceedings at home are beginning to intrigue the court. If you decide to stay married in the end, that will be your decision. Speak with your attorney as soon as possible. Give your attorney the reins and let them guide you through.

Why people are delaying filing for divorce?

Some jurisdictions before demanded that one spouse “prove blame” in divorce. This meant they had engaged in specific marital wrongdoing as the basis for the divorce. This wrongdoing could be infidelity or abandonment.  Some states still continue to permit fault-based divorces. Almost all states today have embraced a no-fault divorce.

Spouses who are thinking about divorce are no longer burdened with proving who is to blame.  Even if your partner objects, you can still file for divorce as long as you can show the following:

[ a ]  The foundation of your marriage has crumbled to the point the objects of your union have been destroyed. And,

[ b ]  There is no longer any chance that the marriage may be saved.

Michigan has no-fault divorce laws. But you can argue your spouse’s bad behavior warrants a more favorable judgment. This will be useful in property division or spousal support judgment. For instance, an abusive spouse threatens to end the other spouse’s life in the course of the abuse. She can file for divorce and ask the judge to give her a larger share of the marital estate. It would enable her to pay medical bills and recover the lost wages. Loss of income from being out of work as a result of her injuries. This might be the only time a judge can take bad behavior into account during the divorce process. Not every judge will adjust the property, custody, or spousal support awards owing to one spouse’s wrongdoing.

We all know that getting a divorce may be expensive in a variety of ways. You already have financial difficulties in your marriage. The idea of paying divorce costs or splitting your debt, no matter how fair it may seem on paper, is not appealing.

Money concerns are reasons many unhappy, unsuitable couples continue to cohabitate. High inflation rates have increased the expense of living as a single individual. The expense of divorce appears to outweigh the desire to live alone. A lifestyle choice that can cost over $3,000 per month. Not to mention the costs associated with paying spousal support and child support. If your spouse is making more money than you, the fear of losing financial security hangs even heavier.

The fear of escalating abuse or violence can also bring you to think twice about filing for divorce. There are valid causes for fear for the spouses of abusive partners. Abusive spouses usually use threats to children as leverage. Like threatening to take the kids and relocate. And you can be certain the abusive spouse will follow through with the threat. An abusive spouse can fabricate evidence. Manipulate witnesses and bring them to court to demonize the abused spouse. There have been cases of abusive spouses kidnapping their own children. And the murder of spouses and children is possible. There’s real fear in the prospect of filing for a divorce.

Should you file the divorce first?

For those who do not have the challenges of an abusive spouse, the challenge will be when or should they make the first move. People often plan when going through a divorce since it might feel like a battle. Let’s take a minute to pause and consider whether filing for divorce first is a wise course of action for you. If you file first, this will be your advantage:

You are more prepared for divorce.

You have the chance to get ready if you file first. You have more time to prepare everything. More days than the 20 days you have to respond if your husband files first.  In a custody dispute, it is crucial to take advantage of this time to get copies of any relevant documents. You need documents like financials and account details and gather proof. During this time, you should also make sure that you are financially ready for the divorce. We strongly advise starting on both before continuing if you don’t already have a job or a credit card.

Prevent the hiding of assets.

Make sure your spouse is not hiding any assets by checking twice. They occasionally give property to friends or family. Sometimes they’ll transfer funds to an unidentified account. Marital property is supposed to be divided evenly. When the time comes, make sure you have all the information on assets and finances.

You have better control over timing your moves.

You can determine the divorce’s start date by filing first. Despite being seen as pushy, filing documents while your spouse is on vacation is a wise option. The law gives your spouse 20 days to get in touch with a divorce attorney and prepare a response to your filed papers. You may be granted a default divorce if they neglect to file the response.

Better control over the progression and direction of the divorce case.

The divorce can be filed at any time if one party files first. In the event that your spouse hasn’t sent a response, you may elect to call off the divorce. Canceling the divorce is an option that you have up until your spouse responds to your complaint. Your spouse will be the defendant if you file first, making you the plaintiff. You would testify first at trial if your divorce case reached that point.

Do you really want a divorce? Are you doing it for the right reasons? If you believe you are, talk to an attorney. Get educated and be very clear about understanding the life you want after divorce. Don’t do it out of fear. Do it based on a well-informed decision.

Should you wait until the children are all grown up?

Maybe you’re hesitating because you’re worried about the effect of the divorce on your children. You are thinking things are progressing too fast for your comfort or your children’s comfort. 

The necessary waiting period from the time of filing until a judgment can be entered is sixty days. The waiting period for a divorce without minor children. There is no option for the judge to lower this time frame any further; it is the shortest possible.

In Michigan, the timing of divorce filing can have a significant impact on the outcome of your case. With minor children, a six-month waiting period must pass before a judgment can be issued. You should be ready to wait six months when you file because you won’t know who your judge is until the case is filed. There are several conditions under which a judge can shorten the waiting time. Different judges have varied attitudes and rules on this topic.

You will incur a slightly higher filing cost for a divorce with minor children. There will be more court paperwork pertaining to the children. More court appearances or hearings are necessary. Even if the child is older than 17, child custody, parenting time, and child support must still be determined.

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.

In a parenting time arrangement, one parent is in charge of picking up the child. The other parent follows suit and makes plans for the child’s return. This works well in most circumstances. The parents cooperate with one another. There are instances where one parent decides to keep the child. My ex took my child without consent and won’t return him.

Click here to watch the video on My Ex Took My Child Without Consent and Won’t Return Him

These parents now believe it to be a wise decision. The lawyers will intervene and submit motions. The court sees it this way. You’re asking the court to take a back seat so you can pursue your own interests. That is not acceptable to the court. The court will defend its stance. When the court issues an order, you are expected to abide by it. Sanctions can certainly follow.

What is parenting time? What should it mean to you?

Parenting time is the period of time a child spends with each parent when the parents do not live together. Most of the time, the parent who has sole physical custody spends a lot more time with the child. More than the other parent and gets a lot more parenting time.

In joint physical custody, parenting time is typically equal or nearly equal.

An order for custody and parenting time may be made in the context of a divorce or custody battle.  Parenting time and custody agreements will influence aspects of your children’s lives. Your children’s living situations. How often do they see each parent, and who makes decisions for them 

Parenting time without a predetermined schedule is referred to as “reasonable parenting time.” It’s an alternative that may be permitted in place of established dates and times. The judge can resolve any disagreements about what makes up appropriate parenting time.

If you have assigned parenting time, there is a specific schedule. You can decide on a parenting time plan if you feel comfortable discussing it with the other parent. If you can’t agree on a timeline, a judge may order one for you.

The Child Custody Act of 1970 (Act 91 of 1970), Sections 722.21–722.31, defines and outlines parental and child rights. The Child Custody Act covers a wide range of issues. It covers issues such as grandparenting time, parenting time, and guardianship custodial information. Additionally, the Child Custody Act has highly strict anti-child abuse guidelines.

It is difficult for a parent to get custody if an established custodial environment or ECE with one parent already exists. A child relies on one parent for comfort, guidance, and discipline. This is on top of the child’s basic needs. The court wants to avoid unsettling changes in children’s lives.

Parenting time is a court order based on the Child Custody Act of 1970 (Act 91 of 1970). Michigan Compiled Laws (MCL) 722.27a, defines parenting time.

The Michigan Compiled Laws section 722.23 lists the 12 best interest factors. These are factors courts use in deciding custody and parenting time schedules.

Generally speaking, kids have the right to parenting time with both of their parents. Children are entitled to parenting time. The judge will impose parenting time on both parents. The judge expects compliance unless there is persuasive evidence otherwise. Evidence that will damage the child’s physical, mental, or emotional well-being.

A set of recommendations were created. These recommendations were ensuring the law was implemented correctly. This set of recommendations was referred to as the guidelines.

The Friend of the Court will work with you to make sure parenting time is distributed fairly. MCL 552.519 stipulates the State Court Administrative Office of the Michigan Supreme Court shall make publications available to each friend of the court office to aid in the performance of its duties.

It was the goal of the previous Michigan Parenting Time Guideline. The guideline was released in 2000. The aim was to educate both members of the general public and professionals. It includes court personnel who assist parents in establishing parenting time plans. March 2022 was the most recent edition of the Michigan Parenting Time Guidelines.

What if I hold on to my children and do not return them to my ex-spouse?

Before you refuse visits or take any other independent action, take into account the following:

[ 1 ]  A child has the right to spend time with both parents. The child should not suffer consequences if a parent refuses to follow the parenting plan. The majority of children, according to research, are happier and healthier when they are given the opportunity to interact with both of their parents.

[ 2 ]  If the other parent of your child refuses to follow the parenting plan, it is the court’s job, not yours, to set and enforce fines for any infractions by that parent.

Everyone seems to be able to define kidnapping in the conventional sense. This is when someone kidnaps a child and asks for ransom. Or a certain performance in exchange for the child’s safe release. A parent who has legal custody of their child can be accused of parental kidnapping and be found guilty. Parental kidnapping happens among separated or divorced parents. This happens when parents with a set parenting time schedule have one parent who does not adhere to it.

Although actual parental kidnapping is a crime that carries a prison sentence or a fine, this rarely applies to custody or divorce disputes. Due to the statute’s phrasing, which states that “custody or parenting time rights under a legal court order,” this rarely applies. It might not be parental kidnapping if a court order is not currently in effect. You cannot accuse the other parent of withholding the child if there is no court order specifying how much parenting time each parent is to get.

If found guilty of parental kidnapping, you could face any or all of the following penalties:

[ 1 ]  A penalty of up to $2000;

[ 2 ]  Imprisonment in a jail or prison for a maximum of one year and one day;

[ 3 ]  A parent who is found guilty may be required to pay compensation for any cost to:  

[ a ]  The other parent, 

[ b ]  The child’s legal guardian, 

[ c ]  The person or people who adopted the child, or 

[ d ]  Any other person legally in charge of the child.

Costs related to trying to find and get the child back.

Police departments usually do not submit parental kidnapping for approval. Prosecutors rarely prosecute these charges. The parent calls the police to help with a problem involving a breach of a custody or parenting time order. Law enforcement frequently declines to get involved. Police tell the parties that this is a “civil matter.” That it needs to be resolved by filing motions in the court that issued the original order. On a party’s motion, the family law judge can impose fines or jail time on violators. The family law judge will use civil or criminal contempt laws. If law enforcement gets involved it is parental kidnapping that is highly serious. And involve physical abuse or even fleeing the country.

What can I do if my ex-spouse won’t return the children?

Contact the police if your non-custodial ex-spouse keeps your child for more than twenty-four hours after the time the child was to be returned. And, if you can’t get in touch with your ex, and if you think your ex is not planning to return the child.

If you think your ex would kidnap your child, your attorney can petition the court. Petitions can include safeguards like supervised visitation and posting bail. Another safeguard is entering the child’s name in the Children’s Passport Issuance Alert Program in its visitation order.

We understand how frustrating it must be to be denied parental time. You don’t need to start slamming doors or fighting with your ex-spouse. Contact a lawyer. Your lawyer will be aware of how to avoid these obstacles.

If not, speak with your neighborhood Friend of the Court.

The following steps should be taken by a party whose parenting time has been withheld for any reason (including children not being returned to the custodial parent):

[ 1 ]  Verify the court’s most recent parenting time order to vouch for the fact that you were not granted parenting time.

 [ 2 ] Send a written complaint to the FOC office outlining the violation of parenting time.

Give specific dates and times when the parenting time was violated. The FOC office should be contacted as well before registering your complaint. Find out whether there are any further needs or crucial instructions.

[3] Make sure to timely submit your complaint. You have 56 days after the parenting time was violated to submit a written complaint to the FOC.

[4] Print down a copy of the complaint and save one for your records.

A parent abducting their own child is not unheard of. Perhaps they were denied custody or they are enraged and wish to harm the other parent. In any case, parental kidnapping is illegal both at the federal level and in Michigan. Preventing a parent or child from acquiring a passport. This is one method of preventing international parental kidnapping. It is very challenging to leave the United States without a passport.

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.

In a parenting time arrangement, one parent is in charge of picking up the child. The other parent follows suit and makes plans for the child’s return. This works well in most circumstances. The parents cooperate with one another. There are instances where one parent decides to keep the child. My ex took my child without consent and wont return him.

Click here to watch the video on My Ex Took My Child Without Consent and Wont Return Him

These parents now believe it to be a wise decision. The lawyers will intervene and submit motions. The court sees it this way. You’re asking the court to take a back seat so you can pursue your own interests. That is not acceptable to the court. The court will defend its stance. When the court issues an order, you are expected to abide by it. Sanctions can certainly follow.

What is parenting time? What should it mean to you?

Parenting time is the period of time a child spends with each parent when the parents do not live together. Most of the time, the parent who has sole physical custody spends a lot more time with the child. More than the other parent and gets a lot more parenting time.

In joint physical custody, parenting time is typically equal or nearly equal.

An order for custody and parenting time may be made in the context of a divorce or custody battle. Parenting time and custody agreements will influence aspects of your children’s lives. Your children’s living situations. How often do they see each parent, and who makes decisions for them

Parenting time without a predetermined schedule is referred to as “reasonable parenting time.” It’s an alternative that may be permitted in place of established dates and times. The judge can resolve any disagreements about what makes up appropriate parenting time.

If you have assigned parenting time, there is a specific schedule. You can decide on a parenting time plan if you feel comfortable discussing it with the other parent. If you can’t agree on a timeline, a judge may order one for you.

The Child Custody Act of 1970 (Act 91 of 1970), Sections 722.21722.31, defines and outlines parental and child rights. The Child Custody Act covers a wide range of issues. It covers issues such as grandparenting time, parenting time, and guardianship custodial information. Additionally, the Child Custody Act has highly strict anti-child abuse guidelines.

It is difficult for a parent to get custody if an established custodial environment or ECE with one parent already exists. A child relies on one parent for comfort, guidance, and discipline. This is on top of the child’s basic needs. The court wants to avoid unsettling changes in children’s lives.

Parenting time is a court order based on the Child Custody Act of 1970 (Act 91 of 1970). Michigan Compiled Laws (MCL) 722.27a, defines parenting time.

The Michigan Compiled Laws section 722.23 lists the 12 best interest factors. These are factors courts use in deciding custody and parenting time schedules.

Generally speaking, kids have the right to parenting time with both of their parents. Children are entitled to parenting time. The judge will impose parenting time on both parents. The judge expects compliance unless there is persuasive evidence otherwise. Evidence that will damage the child’s physical, mental, or emotional well-being.

A set of recommendations were created. These recommendations were ensuring the law was implemented correctly. This set of recommendations was referred to as the guidelines.

The Friend of the Court will work with you to make sure parenting time is distributed fairly. MCL 552.519 stipulates the State Court Administrative Office of the Michigan Supreme Court shall make publications available to each friend of the court office to aid in the performance of its duties.

It was the goal of the previous Michigan Parenting Time Guideline. The guideline was released in 2000. The aim was to educate both members of the general public and professionals. It includes court personnel who assist parents in establishing parenting time plans. March 2022 was the most recent edition of the Michigan Parenting Time Guidelines.

What if I hold on to my children and do not return them to my ex-spouse?

Before you refuse visits or take any other independent action, take into account the following:

[ 1 ] A child has the right to spend time with both parents. The child should not suffer consequences if a parent refuses to follow the parenting plan. The majority of children, according to research, are happier and healthier when they are given the opportunity to interact with both of their parents.

[ 2 ] If the other parent of your child refuses to follow the parenting plan, it is the court’s job, not yours, to set and enforce fines for any infractions by that parent.

Everyone seems to be able to define kidnapping in the conventional sense. This is when someone kidnaps a child and asks for ransom. Or a certain performance in exchange for the child’s safe release. A parent who has legal custody of their child can be accused of parental kidnapping and be found guilty. Parental kidnapping happens among separated or divorced parents. This happens when parents with a set parenting time schedule have one parent who does not adhere to it.

Although actual parental kidnapping is a crime that carries a prison sentence or a fine, this rarely applies to custody or divorce disputes. Due to the statute’s phrasing, which states that “custody or parenting time rights under a legal court order,” this rarely applies. It might not be parental kidnapping if a court order is not currently in effect. You cannot accuse the other parent of withholding the child if there is no court order specifying how much parenting time each parent is to get.

If found guilty of parental kidnapping, you could face any or all of the following penalties:

[ 1 ] A penalty of up to $2000;

[ 2 ] Imprisonment in a jail or prison for a maximum of one year and one day;

[ 3 ] A parent who is found guilty may be required to pay compensation for any cost to:

[ a ] The other parent,

[ b ] The child’s legal guardian,

[ c ] The person or people who adopted the child, or

[ d ] Any other person legally in charge of the child.

Costs related to trying to find and get the child back.

Police departments usually do not submit parental kidnapping for approval. Prosecutors rarely prosecute these charges. The parent calls the police to help with a problem involving a breach of a custody or parenting time order. Law enforcement frequently declines to get involved. Police tell the parties that this is a “civil matter.” That it needs to be resolved by filing motions in the court that issued the original order. On a party’s motion, the family law judge can impose fines or jail time on violators. The family law judge will use civil or criminal contempt laws. If law enforcement gets involved it is parental kidnapping that is highly serious. And involve physical abuse or even fleeing the country.

What can I do if my ex-spouse wont return the children?

Contact the police if your non-custodial ex-spouse keeps your child for more than twenty-four hours after the time the child was to be returned. And, if you can’t get in touch with your ex, and if you think your ex is not planning to return the child.

If you think your ex would kidnap your child, your attorney can petition the court. Petitions can include safeguards like supervised visitation and posting bail. Another safeguard is entering the child’s name in the Children’s Passport Issuance Alert Program in its visitation order.

We understand how frustrating it must be to be denied parental time. You don’t need to start slamming doors or fighting with your ex-spouse. Contact a lawyer. Your lawyer will be aware of how to avoid these obstacles.

If not, speak with your neighborhood Friend of the Court.

The following steps should be taken by a party whose parenting time has been withheld for any reason (including children not being returned to the custodial parent):

[ 1 ] Verify the court’s most recent parenting time order to vouch for the fact that you were not granted parenting time.

[ 2 ] Send a written complaint to the FOC office outlining the violation of parenting time.

Give specific dates and times when the parenting time was violated. The FOC office should be contacted as well before registering your complaint. Find out whether there are any further needs or crucial instructions.

[3] Make sure to timely submit your complaint. You have 56 days after the parenting time was violated to submit a written complaint to the FOC.

[4] Print down a copy of the complaint and save one for your records.

A parent abducting their own child is not unheard of. Perhaps they were denied custody or they are enraged and wish to harm the other parent. In any case, parental kidnapping is illegal both at the federal level and in Michigan. Preventing a parent or child from acquiring a passport. This is one method of preventing international parental kidnapping. It is very challenging to leave the United States without a passport.

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.

In a parenting time arrangement, one parent is in charge of picking up the child. The other parent follows suit and makes plans for the child’s return. This works well in most circumstances. The parents cooperate with one another. There are instances where one parent decides to keep the child. My ex took my child without consent and won���t return him.

Click here to watch the video on My Ex Took My Child Without Consent and Won���t Return Him

These parents now believe it to be a wise decision. The lawyers will intervene and submit motions. The court sees it this way. You’re asking the court to take a back seat so you can pursue your own interests. That is not acceptable to the court. The court will defend its stance. When the court issues an order, you are expected to abide by it. Sanctions can certainly follow.

What is parenting time? What should it mean to you?

Parenting time is the period of time a child spends with each parent when the parents do not live together. Most of the time, the parent who has sole physical custody spends a lot more time with the child. More than the other parent and gets a lot more parenting time.

In joint physical custody, parenting time is typically equal or nearly equal.

An order for custody and parenting time may be made in the context of a divorce or custody battle.�� Parenting time and custody agreements will influence aspects of your children’s lives. Your children’s living situations. How often do they see each parent, and who makes decisions for them��

Parenting time without a predetermined schedule is referred to as “reasonable parenting time.” It’s an alternative that may be permitted in place of established dates and times. The judge can resolve any disagreements about what makes up appropriate parenting time.

If you have assigned parenting time, there is a specific schedule. You can decide on a parenting time plan if you feel comfortable discussing it with the other parent. If you can’t agree on a timeline, a judge may order one for you.

The Child Custody Act of 1970 (Act 91 of 1970), Sections 722.21���722.31, defines and outlines parental and child rights. The Child Custody Act covers a wide range of issues. It covers issues such as grandparenting time, parenting time, and guardianship custodial information. Additionally, the Child Custody Act has highly strict anti-child abuse guidelines.

It is difficult for a parent to get custody if an established custodial environment or ECE with one parent already exists. A child relies on one parent for comfort, guidance, and discipline. This is on top of the child’s basic needs. The court wants to avoid unsettling changes in children’s lives.

Parenting time is a court order based on the Child Custody Act of 1970 (Act 91 of 1970). Michigan Compiled Laws (MCL) 722.27a, defines parenting time.

The Michigan Compiled Laws section 722.23 lists the 12 best interest factors. These are factors courts use in deciding custody and parenting time schedules.

Generally speaking, kids have the right to parenting time with both of their parents. Children are entitled to parenting time. The judge will impose parenting time on both parents. The judge expects compliance unless there is persuasive evidence otherwise. Evidence that will damage the child’s physical, mental, or emotional well-being.

A set of recommendations were created. These recommendations were ensuring the law was implemented correctly. This set of recommendations was referred to as the guidelines.

The Friend of the Court will work with you to make sure parenting time is distributed fairly. MCL 552.519 stipulates the State Court Administrative Office of the Michigan Supreme Court shall make publications available to each friend of the court office to aid in the performance of its duties.

It was the goal of the previous Michigan Parenting Time Guideline. The guideline was released in 2000. The aim was to educate both members of the general public and professionals. It includes court personnel who assist parents in establishing parenting time plans. March 2022 was the most recent edition of the Michigan Parenting Time Guidelines.

What if I hold on to my children and do not return them to my ex-spouse?

Before you refuse visits or take any other independent action, take into account the following:

[ 1 ]�� A child has the right to spend time with both parents. The child should not suffer consequences if a parent refuses to follow the parenting plan. The majority of children, according to research, are happier and healthier when they are given the opportunity to interact with both of their parents.

[ 2 ]�� If the other parent of your child refuses to follow the parenting plan, it is the court’s job, not yours, to set and enforce fines for any infractions by that parent.

Everyone seems to be able to define kidnapping in the conventional sense. This is when someone kidnaps a child and asks for ransom. Or a certain performance in exchange for the child’s safe release. A parent who has legal custody of their child can be accused of parental kidnapping and be found guilty. Parental kidnapping happens among separated or divorced parents. This happens when parents with a set parenting time schedule have one parent who does not adhere to it.

Although actual parental kidnapping is a crime that carries a prison sentence or a fine, this rarely applies to custody or divorce disputes. Due to the statute’s phrasing, which states that “custody or parenting time rights under a legal court order,” this rarely applies. It might not be parental kidnapping if a court order is not currently in effect. You cannot accuse the other parent of withholding the child if there is no court order specifying how much parenting time each parent is to get.

If found guilty of parental kidnapping, you could face any or all of the following penalties:

[ 1 ]�� A penalty of up to $2000;

[ 2 ]�� Imprisonment in a jail or prison for a maximum of one year and one day;

[ 3 ]�� A parent who is found guilty may be required to pay compensation for any cost to:����

[ a ]�� The other parent,��

[ b ]�� The child’s legal guardian,��

[ c ]�� The person or people who adopted the child, or��

[ d ]�� Any other person legally in charge of the child.

Costs related to trying to find and get the child back.

Police departments usually do not submit parental kidnapping for approval. Prosecutors rarely prosecute these charges. The parent calls the police to help with a problem involving a breach of a custody or parenting time order. Law enforcement frequently declines to get involved. Police tell the parties that this is a “civil matter.” That it needs to be resolved by filing motions in the court that issued the original order. On a party’s motion, the family law judge can impose fines or jail time on violators. The family law judge will use civil or criminal contempt laws. If law enforcement gets involved it is parental kidnapping that is highly serious. And involve physical abuse or even fleeing the country.

What can I do if my ex-spouse won���t return the children?

Contact the police if your non-custodial ex-spouse keeps your child for more than twenty-four hours after the time the child was to be returned. And, if you can’t get in touch with your ex, and if you think your ex is not planning to return the child.

If you think your ex would kidnap your child, your attorney can petition the court. Petitions can include safeguards like supervised visitation and posting bail. Another safeguard is entering the child’s name in the Children’s Passport Issuance Alert Program in its visitation order.

We understand how frustrating it must be to be denied parental time. You don’t need to start slamming doors or fighting with your ex-spouse. Contact a lawyer. Your lawyer will be aware of how to avoid these obstacles.

If not, speak with your neighborhood Friend of the Court.

The following steps should be taken by a party whose parenting time has been withheld for any reason (including children not being returned to the custodial parent):

[ 1 ]�� Verify the court’s most recent parenting time order to vouch for the fact that you were not granted parenting time.

��[ 2 ] Send a written complaint to the FOC office outlining the violation of parenting time.

Give specific dates and times when the parenting time was violated. The FOC office should be contacted as well before registering your complaint. Find out whether there are any further needs or crucial instructions.

[3] Make sure to timely submit your complaint. You have 56 days after the parenting time was violated to submit a written complaint to the FOC.

[4] Print down a copy of the complaint and save one for your records.

A parent abducting their own child is not unheard of. Perhaps they were denied custody or they are enraged and wish to harm the other parent. In any case, parental kidnapping is illegal both at the federal level and in Michigan. Preventing a parent or child from acquiring a passport. This is one method of preventing international parental kidnapping. It is very challenging to leave the United States without a passport.

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.

Stay away from fighting over spoons and knives during a tough divorce. In Michigan, it’s important to pick your battles in a divorce. The expense of legal representation in your divorce case will increase. It makes no sense to pay your attorney $300 to $400 to defend an item you bought at $69.95. 

Click here to watch the video Are You Fighting Over Spoons and Knives in Your Michigan Divorce?

Fight for a sentimental cause. Do not struggle for something you do not desire. There are more crucial issues. Your kids matter a lot. Don’t get into debates about things, especially ones you don’t care about. You can always buy something better with what you get later.

What skirmishes in divorce are not worth the money or time?

There are wars. There are battles. And there are skirmishes. Your divorce and your custody cases are your battles. The things you need to spend on and focus on are your battles. The trivial things you fret about are your skirmishes. Choose your battles. Avoid useless and unproductive skirmishes.

Avoid instigating a fight out of spite or out of the urge to take revenge. Stop stalling. Avoid reacting to the other party’s frivolous objections and motions. Let your attorney deal with all of it. Your attorney has probably his fair share of battles. And has probably seen all the variations of skirmishes.

Let’s take up the awfully hilarious to downright stupid skirmishes you can take. Here are some things or skirmishes you should not be spending too much time or resources fighting for.

Things belonging to your spouse.

For the sake of avoiding grief, one partner may hang onto something they are aware does not belong to them. Obstructionism may be as basic as holding onto your ex-spouse’s framed diploma. This may be out of your real or perceived role in your spouse earning it. Or your father-in-law’s collection of vinyl records. Do you need a judge to tell you they belong to your spouse? Really?

Very common furniture and fixtures.

It may be hard to believe. Sometimes a deadlock results from a worn-out old rocking chair. A rocking chair from the couple’s apartment in college. An old lampshade. A beat-up bicycle. Spouses don’t always approach arguments sensibly about generally available or outdated items. There are situations when an heirloom or antique is worth the effort.

Tools, equipment, and appliances.

A food processor. Even a set of precision tools can cause major problems during a divorce. Such goods are generally inexpensive and not particularly unique. Couples will turn the distribution of such things into a major argument. Fighting over this kind of ownership occurs more frequently than you might imagine. Maybe it’s a way of getting even with the partner who wanted the item in the first place. Or as an emotional response to a familiar thing.

Food

People do fight over food. Sometimes this is a genuine issue if money is tight. Oftentimes, this is just a front to keep irritating you. Perhaps it’s the caviar from last night’s party. It can be the thawed salmon for sushi. Or the truffles that cost $1200 per pound. Food can stir up strong feelings during certain divorces.

Wedding or old photographs

Reprints or digital storage seem easy enough solutions. The family photos are sometimes a sore point during talks. Pictures and other memories are contentious topics for some couples. It is so for sentimental reasons or to trash them.

Which car goes to whom.

Some might disagree. Some say that how the vehicles are divided is important and complicated. This issue frequently stems from a dispute between the parties. A disagreement about whether to lease or buy a certain mode of transportation. One or the other spouse is more interested in showing off their car. More important than trying to find a solution to their financial predicament. A lot of common sense frequently goes out the window.

Animals or pets.

Many would contend that these are not insignificant matters. Pointing to a close bond with furry family members adopted before the divorce. Some couples have vehement disagreements over who should have “custody” of the fish. Some are passionate about their reptiles like turtles, and snakes. As a result, several visiting plans have been created following these contentious talks. 

Friends

The division of friends can use a lot of energy. Almost as much as property division. There is a rush of unfriending on Facebook during the proceedings. There’s even a skirmish on who can attend the upcoming college reunion. Arguing over friends is trivial since it involves other people. People who have the ability and willingness to make their own decisions. Divorced spouses can occasionally argue for hours over this pointless matter.

Email addresses.

A family’s shared email account has a nice or simple user name. Ownership of the name becomes a little problematic when the pair separates. It can often take a lot of skill to resolve the challenges. One or both partners may want to keep the name on the account for their own usage while denying the other access. One partner opens a separate account. The refusal of the other to change the name on the primary account may result in a problem. Such a technical issue will cost extra time and money to resolve.

Skirmishes may seem rather inconsequential, especially to outsiders. It can sometimes be handled more sensibly than the main difficulties couples encounter. Difficulties such as child custody, parenting time, support, and the house. These skirmishes can impede the divorce process. Increasing costs and delaying the final divorce order.

What is worth fighting for in divorce?

Some couples negotiate the parameters of their settlement agreement before filing for divorce. These couples can have an amicable divorce. They submit the settlement agreement to the court. Your attorneys will seek to negotiate a divorce settlement agreement throughout the process. 

Your attorneys focused on what outcomes matter in a divorce. So should you.

These are the things you should be fighting for in your divorce case.

Your bond with your children.

We constantly remind clients against this. When they are drafting a divorce settlement agreement. They often say they don’t want a comprehensive parenting-time plan. They believe they can be reasonable and can work together. It does not always follow that you will always get along or that your divorce will be amicable. Even when there is a specific timetable, parenting-time disputes are very common.

You should have a thorough parenting schedule in place. Such efforts prevent problems in the future. This is in both your best interest and, more importantly, the best interest of the children. It is crucial to request this parenting time arrangement in a divorce settlement. Custody arrangements and parenting time should be in place. There won’t be a concern about fairness. Or who has the children on a specific holiday? You should also include a comprehensive holiday schedule in your agreement.

Your quality of life and your children.

To keep the quality of your life and your children, you need to have a viable financial position. The parties will exchange both alimony and child support. Your divorce settlement agreement should include explicit information outlining these clauses. Everyone must be aware of their responsibilities. You have to disclose your current salaries and the incomes determining support. Mention the amount of alimony paid each month, the date it is being paid, and how long it will be paid. Even a limited-term obligation should be mentioned in relation to alimony. Your settlement must also state reasons why alimony would end. It could be the passing of either partner or the remarriage of the spouse receiving support.

Your right to life and health.

Make sure to add a clause in your divorce settlement agreement about insurance. You need your spouse paying support to maintain life insurance. It should be in an amount enough to cover his or her responsibility prescribe in alimony.  The beneficiary of the policy should be the other spouse. If your spouse passes away after your divorce, this will safeguard your finances. It will guarantee that you will continue to receive money. An amount to assist in supporting the children and/or yourself.

Your personal resources and share of the marital assets.

If you’re like most families, the marital home might be the only major asset. After the divorce is finalized, the ex-spouses may opt to have the marital home sold. One of the parties may have since moved out. In a divorce settlement, information about the sale of the house will help the process. You can specify that it must be put on the market and remain there until it sells within 30 days of the divorce. Some people go even further and list the specific offers that are acceptable.

Make sure to include a complete list of the parties’ retirement assets. Give specifics on how to divide these assets or who will keep each item. Check the division of many retirement accounts, including 401(k)s and pensions. An appropriate domestic relations order (QDRO) is necessary. Include a clause stating who will be responsible for paying the completed QDRO. You can roll over your IRA distribution if you’re splitting one. You ought to give this a timeline for when this should happen.

What is the vision you shared with your attorney about your divorce?

Your vision should be how to finish your divorce in the most productive way. Embrace the reality you will not get everything in the most ideal circumstance. You can have a broad vision but you need to focus on the most essential first. The following should be part of your vision:

[ a ]  The distribution of your assets and the responsibilities for paying off your debts. Including how you’ll manage your family home.

[ b ]  How much, for how long, and if either of you will pay alimony or spousal support?

[ c ]  Child custody arrangements and child support obligations. A parenting schedule. Important if you and your partner share custody of minor or dependent children.

Before submitting a divorce petition, talk about and resolve your most important issues. The court will view your divorce as uncontested if you can resolve and agree on these issues.

Now link these essentials to other parts of your vision. Like your happiness. Your peace of mind. Or your personal growth.

While going through a divorce, there are several things you may do to protect yourself. Before anything else, it’s critical to comprehend your rights. What you’re entitled to. After that, armed with more information, you can decide on the conditions of your divorce.

It’s also essential to have realistic expectations. Be practical about how your divorce will play out. It’s doubtful that the divorce will turn out exactly the way you want. Focus your attention on your top priorities. In embracing the realities of what you can have, be willing to make concessions on everything else.

Why are you fighting over spoons and knives? There’s a battle bigger than your plate. Bigger even than the dining table or the dining room. You have a whole life ahead of you after divorce.

That should be worth fighting over.

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Are you worried that you will need to pay your ex $1000s in alimony? You should worry. After you’ve already accepted that divorce is inevitable. The need for alimony should be apparent. Unexpected costs result from this. Alimony can affect your future financial security. 

There is a process for determining alimony. With a longer marriage, alimony is more likely to be discussed. The length of the marriage is one element taken into account. The spouses’ different levels of income. The availability of disposable income is the next item on the list. Every case will be distinct.

Click here to watch the video on Worried That You’ll Need to Pay Ex Thousands in Alimony in Michigan.

You or your spouse may be considering seeking a divorce. You probably want to know how to reduce your financial burdens if divorce happens. If one spouse shows a financial need and the other spouse has the means, Michigan allows the spouse in need to get spousal support.

What is alimony?

Spousal support is a payment made by one ex-spouse to the other during or after a divorce. It is more popularly known as alimony. Spousal support ensures that each spouse can satisfy their financial obligations. These are obligations both during and after your divorce case. The level, frequency, and length of support vary depending on your particular situation. You and your spouse can agree on a spousal support amount and duration. It is so like any other matter in a divorce. The court will uphold that decision if neither party is treated unfairly.

Spousal support can take many different forms, some of which are less and less common options:

Temporary spousal support.

At times one spouse cannot support herself while a divorce is pending. The court has the power to order temporary spousal support. Any party may request this type of support, but the court will only order it if it is deemed necessary. This form of support can also be referred to as the “status quo.” For instance, your spouse would keep paying the rent and utilities for your home if they have done so in the past. If there is a significant disparity in income between the spouses, the judge may order status quo plus an additional sum.

Periodic spousal support.

The most common kind of alimony in Michigan is periodic spousal support. This can be mandated by the court for either a brief or a protracted period of time. This happens when a judge decides that a spouse has the capacity to become independent. Independence is anticipated even if gradually. For instance, one partner quits their employment focusing entirely on raising the children. They can be eligible for short-term or rehabilitative support. They would receive help up until they secured gainful employment.

Permanent spousal support.

One form of alimony that is less frequently used is Permanent Spousal Support. The court can order this when one partner cannot provide for themselves. It can be due to advanced age, poor health, or a handicap. An elderly couple filing for divorce can have this kind of support in their agreement.

Lump Sum Spousal Support

One of the least preferred forms of alimony is the lump sum option for spousal support. Usually, a property order is issued in this situation such as a house. A judge would typically only permit such a situation if the spouse who was being asked to pay could afford it. The benefit of this support is the absence of weekly or biweekly obligations.

How does the court determine spousal support?

In Michigan, there is no formula that judges must follow in granting spousal support. No predetermine formula when determining the quantity and length of spousal support. Judges must take into account certain considerations. 

The Michigan Court of Appeals outlined certain elements used in determining spousal support. There are elements taken into account while deciding on a spousal support award in the case of McLain v. McLain. These elements are:

How each spouse behaved throughout the marriage. 

The judge will consider the behavior of the parties. Who was to blame for the marriage’s dissolution? Blame by itself does not support a spousal support award.

How long the marriage has been? 

The judge is more likely to grant spousal support the longer the marriage has lasted. This is crucial if one partner lacks a career or the necessary employment skills.

Whether the parties can find gainful employment.  

A person might be unable to work. A spouse unlikely to get employment is more likely to get spousal support from the court. A person may receive temporary spousal support. The court can grant this to allow them to finish their education or get new skills.

Share of the parties in property distribution and how liquid is the property.

Judges take the kind and quantity of property received during distribution into account.  It helps in weighing which party needs spousal maintenance. Normal living expenditures are not typically covered by a property settlement. One party might be receiving most of the non-cash assets. The judge can decide to grant spousal support to that person.

The parties’ ages. 

It is more likely for an older person who has not worked during the marriage to need spousal support. If the other spouse is retired and on a fixed income, that could work against the court’s decision to grant spousal support. It is particularly so if the recipient of the support is under retirement age.

Capability for providing spousal support. 

The earning potential of the paying spouse will be weighed by the court. It will be weighed against the other spouse’s capacity for self-support.

The parties’ present living conditions. 

The judge will take into account factors including the earning potential and future prospects of each spouse.

Each party’s needs.

The judge will look into each party’s needs. This will influence spousal support. Or whether they are able to provide support for their needs.

Each party’s state of health.

A party’s health might interfere with their ability to work. It determines the capacity to take care of personal requirements. Health becomes an important consideration.

The parties’ previous standards of living. 

The court considers the standard of living of both parties during the marriage. A person has the right to maintain the same standard of living they had before the marriage. The judge may use spousal support to balance things out. Divorce can force one spouse to maintain the marriage standard of life while the other does not.

Whether each party has other parties to support.

The judge will take into account how each spouse’s obligation to provide for others. This can impact things like their capacity for employment. Or even their capacity to make support payments.

Contribution of each party in the marital estate.

What each partner brought to the marriage will be taken into account by the judge. This goes beyond simply providing financial support. The judge might view both couples’ efforts as equal. The other spouse might have helped with child-rearing.

Whether one or both parties are cohabiting.

A party’s living arrangements. The impact on their financial situation will be taken into account by the judge.

Fairness.

The judge will take what is just and reasonable when granting spousal support.

The judge issues a special order called the Uniform Spousal Support Order or USSO. This is the official court order granting spousal support. The conditions of the spousal support award are in the USSO. This covers the amount of payment, the duration, and the method of payment.

What are the consequences if you don’t pay spousal support?

The Friend of the Court (FOC) in Michigan keeps track of alimony and child support payments. The court will typically issue income withholding orders to the paying spouse’s job. This comes with the divorce’s final decree. An income withholding order specifies the amount, frequency, and length of the award. It also specifies the identities of each spouse and the paying spouse’s employer.

Employer payroll must follow the order. The order ensures relevant amounts are withheld from the paying spouse’s paycheck. It becomes effective after the employer receives the income withholding order. The arrangement ensures money is transferred to the receiving spouse immediately.

Support orders are court orders, thus you must abide by them or face consequences. The recipient may file a motion for contempt with the FOC. The motion is a request for help in the event that the paying spouse ceases making payments. 

The paying spouse may be required to appear before the judge to explain non-payment. The FOC determines a party is in violation of the order and sets a hearing. In Michigan, sanctions for contempt include revocation of a driver’s or professional license. FOC can also impose a suspension of passport services. It can execute wage and bank account garnishments. Your local FOC can recommend tax refund interception, and jail terms.

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Splitting the assets. Are you getting your fair share of the marital assets? The general rule in Michigan is to split marital assets fairly or equally. The goal is to be fair, thus it will be equitable and occasionally equal.

Click here to watch the video on Splitting the Assets, Are You Getting Your Fair Share?

What is fair might not always be equal. A bank account may have had $30K before the marriage and now has $50K. The $20K will be considered a marital asset by the court, and it will be divided evenly, giving each spouse $10K. For assets like a house or a business, it would be different. Before the court can decide how to divide the assets, you must obtain their fair market value. Experts may be required to determine their fair value so that the court can divide it fairly.

What are marital property and separate property?

Marital property includes all possessions obtained during the marriage. The property can be material or intangible. Here are a few examples of what is typically treated as marital property under Michigan law: 

[ a ]  The home the couple bought after their wedding. 

[ b ]  The income the wife received while working as a hotel cashier during the marriage. 

[ c ]  The husband’s pension plan.

Assets acquired before the marriage are separate assets or separate property. Gifts or inheritances received during the marriage may be considered the separate property of the spouse.  The spouse who bought the asset received the gift or inheritance.

An inheritance received by one spouse while still married is a separate property. If one spouse wins a personal injury case and receives damages for pain and suffering, the damages are often viewed as separate property.

Sometimes a separate property may become marital property or overlap with it. There’s enough jurisprudence to explain how this happens. Here’s one way it can happen. You used the separate property for the family’s benefit. Or, you combined the asset with marital property.

A spouse can be entitled to a share of the other’s separate property. This can happen if the spouse contributed to the acquisition of the property. It can also happen if the spouse has contributed to its accumulation or improvement.

What can be part of the split?

In a divorce, the assets of the marriage are divided. The majority of your possessions—or those of your spouse—were acquired throughout your marriage. It doesn’t matter whose name is on a title or deed if one exists. Unless it was a gift or inheritance, it is still considered marital property. Anything that is marital property belongs to both of you. 

Let’s talk about two categories of marital property: retirement plans and marital homes.

Your marital home.

Your marital home is the place where you and your spouse resided while married. Who can afford to keep the house? Discuss this between you and your spouse. Usually, the spouse who owns the marital house becomes responsible for its expenses. Expenses refer to maintenance, property taxes, and mortgage payments. Only one of you might be able to afford these expenses. It makes sense for that person to continue living in the house. When neither party can afford the house on their own, the only option is to sell it and split the proceeds.

You and your spouse might be able to reach an understanding of what should happen to the house. If you are unable to come to a consensus, a mediator or attorney may be necessary.

One of two things could happen if your divorce case gets to trial. The judge chooses how to distribute your property. The judge may order you to sell the home or grant it to one of you. You and your spouse will split any proceeds from the sale if the judge authorizes one. If you owe more than the house is worth, the debt will be split between you.

Before a divorce is official, it’s customary for one spouse to leave the marital home. Sometimes people believe that when they move out, their property rights are forfeited. That is untrue. A spouse who vacates the marital home retains a property interest in it.

Your retirement plan or your pension.

A pension or retirement plan acquired during a marriage is marital property. In the event of divorce, the non-employee spouse is entitled to a portion of their spouse’s pension or retirement plan. Parties can agree to preserve their respective pensions or retirement plans. They can choose not to divide them. Giving the non-employee spouse more assets is an option. The asset should be half of the retirement benefit accumulated during their marriage.

There are divorce cases considered high-asset divorce. One partner in the marriage may not have the same financial standing as their spouse. A high-asset divorce typically happens. Factors, including inheritance, investments, businesses, and more, may be responsible for this. The process of requesting a divorce entails the discovery of these assets.

Who should receive what property? What is a fair distribution of property? These are the highlights of these divorce cases. Many high-net-worth individuals spend their entire lives accumulating wealth. With the significant amount of cash amassed during the marriage, filing for divorce may not be simple. Real property, personal property, bank accounts and other financial assets, assets from small businesses, and retirement funds are common in these kinds of divorce cases.

Your debts are included in the division.

The process of equitable distribution includes dividing debt. Prior-to-marriage debts incurred by one spouse are regarded as separate debts. An example is a student loan. They are still that spouse’s obligation. Normal household debts incurred during the marriage are viewed as joint obligations. Both spouses will be responsible for repayment. Consider your home mortgage, car loan, credit card debt, and health care costs. 

Any debt attached to a specific asset would typically be borne by the spouse who obtains that asset. It eventually becomes part of the divorce settlement. An example is a mortgage on the marital home if one spouse receives sole ownership of that home. A judge will determine how to divide marital debt fairly like they do with the property.

A judge has the authority to rule a debt incurred during the marriage is not a shared responsibility. One of the partners, for instance, racked up debt from gambling during the union. Or a partner racked up credit card debt related to an adulterous romance. The court may decide the spouse incurring the debt is exclusively accountable for its repayment.

Remember that your divorce judgment is not binding on your creditors. You are still responsible in the eyes of the credit card company. You are even if your spouse is meant to be paying off a shared credit card but fails to do so. You can ask the court to order your ex-spouse to abide by the terms of the divorce. But, if you don’t step up and make the payments in the interim, your credit score may suffer.

How do courts decide what should be included in property division?

Michigan does not recognize community property. Michigan divides marital property according to the “equitable distribution” principle. Asset distribution in states with community property is intended to be as equal or close to a 50/50 split as practicable. Equitable distribution refers to an approach in the division of property. It is based on an evaluation of what is just in each situation.

In states with community property laws, the court must divide the marital estate equally.  Judges in states with equitable distribution have the discretion to stray from a 50/50 split. The courts typically divide assets fairly and sometimes equally. Even though Michigan is an equitable distribution state.

The courts consider various factors when dividing marital property, such as:

[ 1 ]  The origin of the asset;

[ 2 ]  The duration of the marriage;

[ 3 ]  The needs of the children and the parties;

[ 4 ]  The parties’ financial resources;

[ 5 ]  Support with acquiring it;

[ 6 ]  The reasons for the divorce

[ 7 ]  Common principles of equity; and

[ 8 ]  Any additional factors the court finds important.

High-value divorces or divorce cases with spouses having high net worth can be a bit complicated. We have to determine the value of the asset first before we can divide them. Certain properties are harder to value than others.

Some types of property will be harder to value than other types of property. This is true in divorces involving high net worth or business assets. The parties may have to collaborate with property appraisers. Or to take extra measures to come up with a fair valuation.

Property is not always easily categorized as separate or marital property. It might be challenging for the court. More so in determining which part of the property is in the marital estate and which is separate.  Especially when separate and marital assets are combined in some way. In a practice known as commingling.

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Who gets to stay in a house during the divorce process?  In Michigan, the court will not let either spouse waste marital estate. It forbids the parties from supporting two different dwellings. Two separate dwellings mean paying for two separate living expenses. You won’t like the court’s logic in this. You two are going to stay together in the house, which will be uncomfortable.

Click here to watch the video Who Gets to Stay in a House During the Divorce Process in Michigan?

You will need to be adults and stay. Unless there is an extremely bad reason to do otherwise. You will remain together in the same house. Well at least until the court renders its decision or while the divorce is being processed. Obviously, if domestic violence exists in the house, the situation is different. The court will consider any potential threats to you, the children, or both. To safeguard you and the kids, the court has the authority to order one spouse to leave.

Who gets to stay? Who gets kicked out?

It is typical for the title to include the names of both spouses. There will be equal rights for the spouses in those circumstances. During the divorce, one or both spouses may continue to reside in the marital home.

But occasionally, only one spouse’s name will appear on the title. You could assume that this inevitably results in one spouse getting to stay in the house. While the other is forced to leave. That isn’t always the case.

Any property acquired during the marriage is regarded as jointly owned. It is most common in states where community property is the law regardless of who is listed on the title. The spouse’s contribution during the marriage provides an interest in the property.  This is true in states with equitable distribution. It is not necessarily important what is written in the title.

When going through a divorce, spouses typically do not want to live together in the same house. It doesn’t make sense for them to live together at this moment because they aren’t typically on the best of terms. No matter who is listed on the title, it might be a good idea to leave in some circumstances.

Who gets to stay in the marital home?

Michigan law does not need a married couple to live apart in separate homes before the divorce. This is in contrast to other states. This results in the parties continuing to live together before the divorce judgment. It happens frequently until their assets are distributed.

Staying will help to create greater stability if you keep your kids in the same home. It’s also an opportunity to have the property appraised and inspected before selling.

Financially, being together in the same house allows both partners to set aside some cash. And prepare a budget for their future independent living arrangements.

This is the house you and your husband shared while married. Your spouse might want you to move. There may be times when you feel as though your spouse is attempting to evict you from the home. Or your spouse has taken formal action to do so already. 

The law guarantees both spouses’ right to continue living in the marital home. Both of you can stay up until a judge makes a different decision because the marital house is your legal abode.

It is illegal to “kick out” a spouse. You’re not supposed to be doing things like removing their belongings. You should not be changing the locks on the house’s doors. If you act in this way, your husband can contact police enforcement to reclaim the keys to the house.

Who gets to leave the marital home?

There are a few circumstances in which your spouse can compel you to leave in an ongoing divorce case. 

There may be ways to remove your spouse from the home while your divorce is in progress. It is possible via Michigan law regulations, but the requirements are stringent.

You can ask the court to issue an order of exclusive occupancy. This allows just one spouse to live in the marital home while the divorce is pending.

Only two situations allow a Michigan court to issue this judicial order:

[ a ]  When one partner has moved out of the marital home and into a new place.

[ b ]  When domestic abuse or violence is a problem

This kind of order can bar the other spouse from entering or using the property at any time. It gives the resident spouse a sense of normalcy and privacy. 

A Personal Protection Order or PPO can also be used. This will prevent the spouse subject to the order from entering the marital home.

How does the court decide who gets to stay?

The person whose name is on the deed does not necessarily get the home. Keep in mind that Michigan handles assets equitably. There are a couple of solutions available though before it even enters the court. Either of you must choose whether to sell the home and divide the money or to keep it.

The simplest and least expensive alternative is for both of you to decide jointly. Deciding before filing for the divorce settlement. Any other method can be costly.

The next step is to have someone mediate the negotiations. You or both of you may not feel comfortable resolving this issue together. The mediator would list the various assets. And then assist you in selecting a reasonable course of action.

If you can’t come to a joint or unanimous decision, the court can make it for you. The court will make such a decision based on certain factors:

[ a ]  Your age.

[ b ]  Prevailing health concerns.

[ c ]  Length of marriage with your spouse.

[ d ]  Your children.

[ e ]  The house is separate or marital property.

[ f ]   Investment in the house.

[ g ]  The fault of a spouse.

The most crucial aspect to take into account while selecting who gets the house is your children.

The children could do best if one parent stays in the house with them. This would help them feel normal and stable during this difficult period.

If a lawsuit is filed, the Child Custody Act will be used to make the decision. The best interests of your children are supported by this statute. It considers their mental, physical, and emotional health.

What happens to the marital home in a divorce?

The determination of the financial value of a home is a technical issue. Your attorney can help you with that. There is more to a marital home than its financial value. Before deciding what to do with the marital home reflect on what the home means to you. Are memories about the home worth holding on to? The negative memories might cancel out the positive ones. 

You might also want to take into account your support network. If you leave you may lose them. You had a spouse who could pick up the kids from daycare or school while you were married. After the divorce, you will be alone. Will you have friends or family in the neighborhood you are moving into? Will the new neighborhood aid you after your divorce? Should you relocate near your family instead?

Think about whether you have the financial means to remain in the home. Do this after determining its emotional value. 

After the divorce, a lot of things will change. The total cost of living may increase by twofold: two homes; two sets of utilities; two sets of clothes for the kids.

Your available funds could fluctuate. With more time spent with your kids, you might not be able to put in the same number of hours or extra. If you receive spousal support, it can be temporary or only last for a short period of time. You might even be required to pay child support and/or spousal support.

Calculate the home’s equity. You must give your spouse a fair portion of the equity built up throughout the marriage. More so if you wish to continue living there after the divorce. To get at an equitable division, you might have to restructure the mortgage. You have the option to give your spouse a bigger share of other assets.

The question of whether you will be able to refinance the mortgage is another concern. Your spouse might wish to have his or her name taken off the mortgage. You may do so if you want to stay in the house so they can apply for another mortgage if they decide to buy a house. You may have to speak to a mortgage provider if you want to refinance your home. In doing so pay off your spouse’s share in the equity.

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