Blackmail.  Spouse is threatening you with inappropriate pictures and/or videos. Unless you act now, the children will see the photographs. Your ex-spouse will show the kids your inappropriate images if you don’t give in. Those offensive photos or videos are being held over your head by your ex. Those inappropriate images are acting as a lever. 

Click here to watch the video on Spouse Threatening With Inappropriate Pictures and/or Videos of You

If you give in to the blackmail, your ex will have complete influence over you going forward. The other parent will get the better of you. The best course of action is to speak with your lawyer. Your attorney will present your predicament in court. The other party can be made to testify about the blackmail. The likelihood that the opposing party won’t be able to explain it is very high.

What is blackmail in a divorce case?

The Michigan Penal Code classifies blackmail as a particular form of extortion. Extortion is when someone makes threatens to do harm. The parties committing extortion to target you, your loved ones, or your property. Threats they make good unless you give them what they want. Blackmailers threaten to reveal humiliating or damaging information about you. They do so unless you agree to their demands. 

Accessibility and portability of the internet and mobile phones have made blackmailing easy. People can’t help taking pictures or videos of their private and intimate moments.  Those intimate moments can become public anytime through your mobile phone. Law enforcement is starting to deal with cases called revenge porn.

Many people mistake extortion for blackmail, as Michigan extortion attorneys are aware. Particularly considering that they both entail the use of threats to compel someone. They force people to make a payment, render a favor, or perform an action. Threats of the revelation of humiliating or incriminating material are used in blackmail. Extortion frequently entails the threat of harm, injury, or property destruction. Extortion entails threats of physical violence rather than merely threats of embarrassment.

The sharing of sexually explicit content is now simpler than ever. Thanks to the growth of mobile internet access, camera phones, and social media. Some people publish naked or pornographic images or videos of themselves. They give it to intimate partners or enable others to do so.

But problems could arise in numerous ways. Intimate connections end. Or explicit pictures or films get into the wrong hands. Blackmail aims to punish, coerce, or silence the subject. Those in possession of sexually explicit footage can do that. They can distribute the photographs or films without the victim’s consent. The frequency of reports of this behavior to law enforcement is increasing. They call it “revenge porn.” This form of blackmail can be used against you.

In divorce, blackmail is used for unfair leverage. Maybe to get a better custody arrangement. It can be a larger share in the distribution of assets. You may think this is just a tactic for negotiation. Talk to your attorney. You are about to find out the thin line between legitimate negotiation and criminal intent.

Can I use embarrassing or criminal information about my spouse in divorce negotiations?

An attorney in a breach-of-contract case accuses the other party of a separate crime. The attorney threatens to report the theft to the police. The attorney is going to do it if the other party rejects the attorney’s settlement demand. The attorney may be guilty of extortion. If there are shreds of evidence like pictures or images of the crime this can be blackmail.

Lawyers frequently use settlement demands as a way to settle matters. An approach used without incurring the time and expense of protracted litigation. The phrasing of a settlement demand may occasionally cross the line. A straightforward bargaining tactic may turn out to be unlawful extortion. This is especially true when a threat of legal action is included in the settlement demand.

The discussion of the other party’s criminal activity may be essential. It may be to the settlement talks in a divorce. It would be challenging for a lawyer to represent the victim of a sexual assault. The attorney may need to disclose the case’s facts in a settlement demand. The attorney might insinuate that the defendant had engaged in unlawful sexual activity.

Attorneys must proceed with caution when submitting a settlement demand. More so if it includes a charge of criminal behavior. The reference must be made in good faith and with honesty. It must be framed with a reasonable belief that it is relevant and necessary for the settlement. 

Insinuations about extortion and blackmail have highly subjective thresholds. Lawyers might want to reconsider their settlement demands in close-call circumstances. 

What to do if you are being blackmailed by your ex-spouse?

Try to maintain your composure first. It’s critical to keep in mind that blackmailers rely on your fear. They rely on your belief that you have no other choice but to follow their demands. Defy the desire to give in. Here are some more options for you:

Consult a lawyer. 

This is crucial if your blackmailer has threatened to reveal information about you. Incriminating information compromising you with authorities or embarrassing you in the media. A lawyer can help you avoid self-incrimination by giving you advice on what to say and what not to say. Your attorney can disarm them by bringing them to court. Let the other party do the explaining to the judge.

Report the crime. 

Nowadays, blackmail is now committed online. Allow authorities to investigate and attempt to apprehend the blackmailer.  Do it before they cause harm to anybody else. It is important that you notify them if you have been the victim of blackmail.

Secure your online accounts. 

On all of your accounts, change the passwords and security preferences (email, social media, bank, etc.). Make it harder for the blackmailer to find out more about you. Or get access to your accounts in the future.

Gather evidence.

Try to gather proof of the blackmail if you can. Keep emails, text messages, and recordings of phone calls. If the matter goes to court, the evidence will be useful to the prosecution as well as the police in their inquiry.

See a therapist.

If necessary, speak with a therapist or counselor. Being blackmailed may be an extremely terrible event. Discuss it with someone who can support your healing process. Help you process your emotions.

Enlist support.

Enlist the aid of a family member or acquaintance you can trust. This person may be able to offer moral support during this trying period.

Blackmail requires proof that the crime was committed. To investigate the case, local law enforcement will first need to gather proof. Only then can they get involved. 

A blackmailer must have evidence against you. And demand something in return for silence. Usually, this entails paying thousands of dollars to keep a secret. This secret is something that is unlawful. It could cause disgrace or humiliation. Law enforcement will look into the situation. They can file charges if the victim can prove that the blackmailer committed the crime.

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When one party is given custody and the other is not, it does not imply that matters are resolved. The parent who has primary custody may interfere. What is custodial interference?

Click here to watch the video What Is Custodial Interference in Michigan?

The custodial parent has discretion on many things. Including altering the timetable of activities involving the kids. The other parent’s parenting time may be disrupted by the altered schedule. A custodial parent can schedule activities to interfere with the other spouse’s parenting time. Or the other way around. The children cannot go because it is the other parent’s day with them.

This is a terrible way to make the other parent and the kids’ day miserable. It is interference with custodial rights. It should be brought to the court’s attention. To allow the court to act on the interference, you must speak with your lawyer.

What is custodial interference?

Custodial interference occurs when the non-custodial parent makes repeated attempts to obstruct the custodial parent’s usual custody rights. It is done to the point where it becomes disruptive. The disruptive parent could be subject to a multitude of legal repercussions. The extent of legal measures is dependent on how disruptive they were.

The person who has custody of a kid has the authority to carry out numerous tasks. That person has certain obligations. And is permitted to engage in a variety of activities. The individual with primary or sole custody is granted these privileges by state law. The other parent typically has visiting privileges. Or a lesser degree of custody than the primary parent. Contempt of court charges or other legal repercussions may result from any interference.

Interference is a failure to adhere to the terms of the child custody arrangement. This could entail not picking up or dropping off children. There can be some restrictions.

In Michigan, the following three key factors can indicate interference in child custody cases:

[ a ]  The court has granted custody or parenting time via a court order (such as a custody arrangement);

[ b ]  Children are kept away from the custodial parent for at least 24 hours by one parent; and/or

[ c ]  It must be the intention of one parent to keep children away from the custodial parent.

Interference could happen in a number of different circumstances. Withhold children from the custodial parent for 24 hours. or longer can be one example. One parent consistently picks up and drops off their children late can be another example. Displaying a pattern of behavior against the custody agreement. That can also be considered interference. It indicates an intent to interfere with the other parent’s right to custody.

It is not considered interference when a parent occasionally drops off a child late. Given that there are possible explanations other than intentionality for this offense. It can be traffic or just losing track of time, it would be seen as an understandable infraction. Consistent, persistent tardiness that denies the custodial parent parenting time can constitute interference. Especially when done with the intent to interfere with parent-child routines.

You should never attempt to handle interference on your own as a parent. Ask for the custody agreement to be enforced. You can always report events to the Friend of the Court appointed to your case.

What is the impact of custodial interference on custody and parenting time?

Parties may be unable to avoid running interference against each other. It will have an impact on their ability to collaborate. Both parents will be unable to reach a consensus on any of the concerns. Instead of putting their differences aside to help the kids, they opted to argue with one another.

Courts may resort to modifying parenting time to curb interference. It will not bode well for the parents initiating the interference. Short of criminal penalties, an interfering parent may find their parenting time adjusted by the court to recompense the aggrieved parent.

The court will have to decide on sole legal custody if the parents are unable to have an agreement. Even if joint legal custody was first granted in the divorce. Parents can’t keep going back to court to discuss matters involving their children. The court would eventually grant sole custody to one party.

Interference can also affect the children’s well-being. Parents targeted with interference can have experiences similar to parental alienation. At first, the target parent is the only one whose alienation seems to hurt. Long-term studies show the negative impact of alienation. Children living with a manipulative parent experience self-hatred and low self-esteem. They also go through depression. Others grow up having a lack of trust, substance misuse, and a reduced ability to give and receive love. 

Parents in contentious relationships can be oblivious to their children. They may not be aware of the impact of custodial interference. Too focused on themselves they may not be aware they are disrupting communication. Interference can fracture communication between parents and children. It can strain the parent-child relationship.

What is the consequence of custodial interference?

Parents may take extreme steps to be with their children. More so if they are locked in a bitter custody dispute. Nevertheless, disobeying a visitation order can result in severe civil and criminal penalties. In a family court, a judge can punish a party. The court can do so by allocating make-up parenting time. The court can impose fines on the offending parent. Charge attorney fees or other financial penalties.  The court is not limited to that. It can hold the offending party in contempt of court and imprison the offender.  The court can ultimately change custody to the other parent’s advantage.

The child may not object to residing with the parent for an extended period of time. The child may even express a desire to return to the other parent. However, it is the parent’s responsibility to see that the court’s order is complied with. It is the law’s intended effect.

The Michigan Child Custody Act includes the facilitation of a child-parent relationship. It is one of the factors in the best interests of the minor child. Parents who interfere with this relationship stand the risk of losing custody. Or parenting time for themselves.

Even a parent who struggles with time management may be held in contempt of court for their actions. In Michigan, a parent can habitually disrespect the other parent’s custody rights. Or has a history of being late for custody exchanges and may be held in civil contempt.

It doesn’t matter how strongly you feel about your bond with your child. Your contempt for your ex-spouse’s parental rights will get you in trouble with the court.  Before taking any specific action speak with an attorney. Your attorney can educate you on your legal rights and options.

Ask the court for enforcement each time the other parent denies you parenting time. or otherwise disregards a court order. The Friend of the Court works to enforce child support obligations. It will also enforce the same diligence with parenting time. Parents who refuse to share parenting time must be called out for their actions. 

This sends a message that the child has a right to a relationship with both parents. Interference with that right will result in punishment. Action should be taken even with the first infraction of an order.

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During a divorce, are there creative ways to protect assets? The court will ensure an equitable division takes place to safeguard your interest. A house is an asset in a marriage. To complete the formalities of ownership, the couple purchases the home. Informal interests do exist occasionally. Someone—perhaps an uncle—might have contributed funds to purchase the home. A down payment may have been made by someone. No written documentation exists. You will divide your possessions and liabilities eventually in the divorce. Certain parties will be excluded if you don’t address these informal interests.

Click here to watch the video on Creative Ways to Protect Your Assets in a Divorce

You should have already covered those informal transactions before the divorce is finalized. As proof, you should have items like an IOU or a receipt. This will offer proof that the transaction truly took place. You can set money aside during the asset division phase of your divorce to settle the debt.

What assets do you need to protect in a divorce?

Most of your possessions—or your spouse’s—were accumulated during your marriage. If there is a title or deed, it doesn’t matter whose name is on it. It remains marital property unless it was a gift or inheritance. You both own everything that is marital property.

If you and your spouse cannot agree on how to divide your property, the judge will make the decision. In Michigan, courts must divide property fairly. Fairness generally means that everyone receives roughly half of everything. A judge may decide that it is acceptable to divide marital property in different ways.

The court has the discretion of determining what is reasonable. If the marriage’s dissolution was primarily the fault of one partner. Or, if one spouse demanded more property, your assets might be divided unevenly. While accumulating higher marital debt, one partner may also amass bigger marital assets.

Separate property refers to items that are not marital property. Property owned by one spouse before marriage is considered separate property. It is separate property if one spouse receives a gift or inheritance. It stays separate while the marriage is still active. A spouse’s separate property increases in value on its own. The net increase in value is considered to be separate property. In a divorce, spouses often keep their respective separate property. Separate property, however, may be subject to property division in certain circumstances.

In protecting your property during divorce, your goal is to keep your separate property separate. And to get your fair share in the martial assets during property division.

What debts should be shared?

The marriage debt is split fairly between the two partners. This often means that each person is responsible for paying around half of the overall debt. A judge can determine specific circumstances to split debt in a different method.

In the following scenarios, there may be an unequal debt distribution:

[ a ]  One party is more to blame for the breakdown of the marriage.

[ b ]  One individual can afford to pay more, or

[ c ]  One spouse incurs debt such as one spouse’s gambling debt. The debt incurred without the other spouse’s approval. The gambling spouse is accountable for the gambling debt.

[ d ]  Sometimes one spouse acquires more property while taking on more debt.

Separate debts are those that one spouse racked up before becoming married. Generally speaking, any debt incurred during a marriage is a marital debt. No matter who made the purchase or whose credit card was used, it doesn’t matter.

Some situations defy this generalization. Debts incurred through gambling or extramarital affairs are not marital debt. Paying restitution in a criminal case does not fall under the category of marital debt. Student loan for one spouse taken out during the marriage is a separate debt. But they can be considered marital debt if student loans were used to maintain the family.

The recipient of a property usually takes on the debt attached to the property. The person may continue to own the property. The person who can afford to fulfill the associated financial commitment gets to keep it.

Where do your creditors stand in your debt division?

The court presiding over your divorce has no authority over your creditors. You owe money to your creditors. Your divorce decree may assign each debt to either you or your spouse. Joint debts that are owed to creditors in both of your names may still be treated as such.

A list of all debts in both of your names must be included in the divorce judgment. If the person ordered to pay the debt doesn’t, the other spouse can request that the judge enforce the order. You can submit a motion asking the judge to order your spouse to reimburse you. This is a form of reimbursement if you wind up paying a debt that was assigned to your spouse.

The creditor is free to appeal the judge’s decision. If they determine that just one spouse is solely responsible for a debt. Any debt owing to the creditor by either spouse or both spouses may be collected by the creditor. The creditor can use any legal means to do so. It doesn’t matter if spouses co-signed the agreement or whether only one party entered into it. Non-paying spouses can only dispute the paying spouses by claiming contempt of court against them.

In Michigan, the following considerations are taken when dividing a couple’s debt:

The length of the marriage.

A judge may attempt to return both parties to their pre-marriage financial situations. Especially with marriages lasting an abnormally brief period. Marriages of only five years or less. The court does it in such a way that each person leaves the marriage with roughly the same amount of debt.

The spouses’ capacity to pay the debt. 

The court makes sure no one carries an undue burden. The court considers each spouse’s income and potential earning capacity in allocating debt.

How the spouse acquired the debt.

A gambling habit that resulted in the debt. This kind of debt may be allocated exclusively to the person who incurred them.

Why debt was acquired.

Sometimes the motive for the debt is taken into consideration, such as when it was incurred as part of an affair.

Where the property or asset is going to end up.

To maintain the integrity of the property division, the debt must go with the asset. It is likely that if the family automobile goes to one spouse, the debt from the car loan will go with the car. The party getting the majority of the marital assets can end up paying a larger share of the marital debt. The majority of the time, this choice is made when one spouse receives a much larger share of the marital estate. An example is a home. The party getting the home must assume responsibility for the mortgage payments.

You and your spouse can, and ought to, try to settle the different issues of your divorce peacefully. Resolve issues on how to divide marital assets including debts. You can resolve this between you two with your respective attorneys. Or with the help of a trained and reputable mediator.

If you can reach a fair arrangement, you can memorialize it in a written document. This document is known as a “separation agreement” or “property settlement agreement.” You can ask the judge to incorporate it in the divorce decree. You can save time, stress, and money this way.

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Can My Spouse Spend All My Money During the Divorce? The goal of the court is to ensure an equitable and fair distribution of the marital estate. You should let your lawyer know if you think this spending is taking place. 

Click here to watch the video Can My Spouse Spend All My Money During the Divorce?

Your attorney will submit the necessary motions to freeze assets. The motion will keep things as they are. This implies that the standard amount of money for living expenses will remain. These costs should be sufficient to maintain a quality of life. No further significant costs should arise. Nobody can liquidate anything. No more making large purchases. You can protect marital assets this way.

Can your spouse spend all your money during the divorce?

Couples should be aware of this. Neither partner is the sole owner of the assets acquired via marriage. You receive half of each asset’s worth. When you divide your assets as part of a divorce, your spouse gets the other half.  In Michigan, you and your spouse are co-owners of all marital property. You need to be sure to protect the part belonging to you. As a result, only 50% of an asset’s value is really discussed during a marriage when it comes to any one item.

Marital assets or marital property is any asset acquired during the marriage. It can be material or intangible. An example of what is typically treated as marital property under Michigan law is the home. Any property the couple bought just after their wedding. The income the wife receives working as a hotel cashier in the course of the marriage. The husband’s pension plan.

As opposed to this, assets acquired before marriage are considered separate property. A vehicle was bought prior to the wedding. Furniture was bought prior to the marriage. Certain properties are separate even after the wedding. An example is a gift received by a spouse during marriage. An inheritance obtained by a spouse while married may be regarded as separate property. It depends on who made the corresponding purchase, gift, or inheritance.

Separate property may change into the marital property over the course of a marriage. An illustration would be if the separate property was combined with the marital property. Or the property was used to the family’s advantage.

One spouse may be entitled to a share of the other’s separate property. It can happen if the spouse receiving the property contributed to the acquisition. Or the improvement, or accumulation of the property.

This exception also applies to a vacation home that one couple inherited. And the other spouse helped refurbish it, greatly raising its worth. It could also take the shape of one spouse managing the home and child care. The spouse is doing so to allow the other spouse to devote attention to expanding a business. A business they started before getting married.

A spouse with a bank account created within the marriage cannot just spend it all without telling the other spouse.

Can you recover what was lost?

Excessive spending by a spouse during a divorce is a form of dissipation. Dissipation is spending marital funds or using any marital assets. The spending benefits only one spouse and not the marriage as a whole. The total worth of the assets being divided in the divorce settlement will be less. The money is leaving the marital estate decreasing its total value.

Dissipation can take many different forms. It includes gambling, and drug or alcohol abuse. Other examples are money spent on extramarital affairs. Another example is lavish expenditure by one spouse.

Creative ways to hide assets are another way of losing assets during divorce. 

The law in Michigan is straightforward. A party cannot withhold assets from the other during a divorce. All property possessed by both spouses must be listed. Both parties and the court must be able to examine the list. It is important to arrive at an equitable property allocation.

A party who conceals an asset could face fraud charges. High fines may be imposed. In such situations, a judge might give the aggrieved spouse the entire estate. The offending party may be in contempt of court. That party can be fined money in addition to attorney fees. Especially if they refuse to answer legal questions. The questions raised during inquiries about the property are part of “discovery.”

The actual value of marital property lost in this spending spree may be difficult to recover. The court can find another way to penalize the guilty party causing the loss. The partner who engaged in the dissipation would probably receive less property. This can happen in the ultimate divorce settlement once dissipation is discovered. 

As recompense for losing out on a sizable percentage of the marital assets, the abused spouse might receive the marital home. Or, the person might get a bigger share of the couple’s financial savings. In essence, the family court has the authority to award the aggrieved spouse. It can award assets equal to the amount lost.

In a Michigan divorce, any joint debt is also shared. A spouse using a sizable credit card debt to fund an illegal activity is going to be accountable for that debt.

What can you do with hidden assets?

Despite legal repercussions, spouses frequently hide assets. They do it on purpose or engage in a game of keep-away. Spouses can even involve third parties. They are driven by avarice and resentment over the divorce. These actions could result in more fraud allegations or fraudulent conveyance claims. The creation of a trust for a third party is one such trick, for instance.

Here are some other typical tactics for hiding marital assets:

[ a ]  Hiding documents, such as hiding stock and bond evidence, among other things.

[ b ]  The conversion of money into “mobile property,” such as art, hobbies, or jewelry.

[ c ]  Settling fictitious debts. Example: Generating fictitious debt instruments and paying them off to a third party.

[ d ]  Custodial IRAs or 401Ks established in collaboration with friends or family members.

[ e ]  Directing income and purchases through a business entity owned by the spouse.

[ f ]  Deceptively decreasing the value of assets or a spouse-owned business.

Creating an accurate financial picture of all the assets of each spouse is the first stage. During the divorce process, hidden assets may be uncovered in a variety of different ways. To check against known assets, it may be sufficient to just ask the other spouse. Ask for accounts and other details. Sometimes formal discovery techniques are effective like depositions, interrogatories, and subpoenas. Or demands for production and other court motions may be necessary. 

You can also use forensic accountants and other professionals. Professionals can focus on uncovering assets hidden during a divorce. Your attorney has the option of hiring independent detectives. The goal is to look for hidden assets.

The lawyer should go over the evidence requirements with the client. Do this at each stage of the inquiry. This includes doing informal, formal, and private investigations. Establish the existence of the asset and establish if it belongs in the marital estate.  

Your lawyer must tell you of ethical obligations. You have an obligation to tell the opposing counsel of any discovery attempts. Keep in mind the purpose of determining the assets’ value and identification. It is to determine which marital property should be part of the split.

How do you protect yourself from further loss?

Financial issues can have a significant impact on a couple’s decision to divorce. Due to a wealthy lifestyle, one spouse may be a wasteful spender. A partner may have a problem with gambling or drug. A partner may be more inclined to succumb to their behavior over any financial restraint. The individual might not be concerned with the impact of their actions in their divorce case.

One spouse may formally ask the court to order the freezing of assets. It will avoid financial disaster while divorce discussions are ongoing. To do this, you must ask for a temporary restraining order. This restraining order should cover money-related issues. All parties would then get a court order approving the freezing of assets.

A restraining order in divorce proceedings safeguards the parties’ assets and money. In every divorce in Michigan, there are normally two different orders submitted. First, there is a decree protecting the marital estate and prohibiting property transfers. Another is a Financial Status Quo Order.

A restraining order prohibiting the transfer of property protects the marital estate. The Order would forbid any party from acting outside of the normal course of business. Spouses are not to undertake activities, such as removing, concealing, and transferring property. They are not to do anything such as damage, sell, or destroy property. The restraining order would forbid one party from closing a bank account. Or close a retirement account without the other side’s approval.

The Financial Status Quo Order prevents one party from financially penalizing another. The Order specifically calls for both parties to uphold the present budgetary situation. The budget that pays for the mortgage, taxes, utilities, car payments, and insurance. Charge accounts and the like are a few examples.

The majority of restraining orders are issued ex parte, or without a party in attendance. A party to a divorce complaint may ask for the entry of a restraining order. They claim that without one, their property rights will be violated. In order to restrain both parties and avoid abuse. A court would often issue an Order that covers both the husband and wife.

It’s crucial to keep in mind that a court communicates through its orders. As a result, if a party violates a restraining order, the court may hold them in contempt. Which, in extreme circumstances, may result in a fine or even imprisonment.

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

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.

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