What Do I Do If My Ex Is Stalling The Divorce Process In Michigan?

A divorce can properly be postponed since some procedures take longer than others. Due diligence is required throughout some processes, which could delay their completion. What should I do if my ex is delaying our divorce? 

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There may be unlawful reasons. These are deliberate attempts by the other side to stall the processes. You can ask your lawyer to investigate it. Ask your lawyer to file the required motions to punish the opposing party if you believe the stalling is intentional. However, the court does not view these stalling tactics favorably.

 

Some Legitimate Reasons for Delays

When you start off, you need to find out if you can actually file a divorce in Michigan by validating your residency.

Before filing, at least 180 days must have passed since you or your spouse last resided in Michigan. A divorce must be filed in a circuit court in the county where you or your spouse have resided for at least 10 days prior to filing. However, you are not required to file in your county of residence. If your spouse resides there, you can file there.

After you file your complaint, there’s a required time for the other party to respond. 

Divorce hearings must take place one year after the complaint is filed. In other words, a couple has a year to try and resolve their conflicts through negotiation or mediation. After this window for negotiation or mediation, the court will now proceed with division of marital assets, child support payments, child custody and parenting time, spousal support, and other issues. Each of those mentioned are already contentious on its own and will consume a lot of the court’s time.

The divorce cannot be finalized until both you and your husband attend a hearing, even if it is uncontested. If your combined petition and request for a consent order were received, the court clerk should schedule the hearing for you.

You must wait at least 60 days after filing your divorce papers before the hearing date. The required waiting period for divorce is often six months if you have minor children. However, you might argue that it would result in an “exceptional hardship” or that you have another compelling reason to complete your divorce sooner in order to get a waiver of the longer waiting time.

Divorces including arguments frequently take longer than six months—up to a year or more. The time required to obtain your final divorce decision in these circumstances depends on how long it takes the parties to settle their differences, how many court sessions are required, and whether they ultimately have to go to trial to have a judge settle their differences.

Regardless of the drama and issues in between the parties, the court will eventually make a ruling on the issues mentioned. 

 

Some Of The Reasons Your Spouse Is Stalling

The other party may have reasons to delay or totally stop the divorce process. 

One reason and probably the simplest is the other party doesn’t really want a divorce. Some people simply don’t want their marriage to end, and they hold onto the notion that, given a little more time, they would be able to save their marriage. This argument for postponing divorce may be the least deceptive; some people find it difficult to let go or honestly believe they can still salvage their marriage.

Your partner is acting in a resentful manner. Other spouses are enraged by the divorce and wish to watch their partner suffer through a protracted procedure for months or years. Delaying the divorce procedure is one way for these husbands and wives to feel in control because they typically believe that they have little control over the issue.

Your partner is fiddling with money. The most malicious justification for delaying a divorce is when your spouse is attempting to hide assets, increase your attorney fees, deny you support payments, leave you without a place to live, or run up your attorney fees. Additionally, these partners frequently fight tenaciously to prevent you from collecting your just settlement.

Every step in the divorce process provides some limited opportunity for the other party to stall the progression of your divorce case. We’re saying limited simply because the court will eventually put its foot down and will drive the calendar of the divorce case within the timetable set by administrative orders governing the process of divorce. It’s worthy to mention what opportunities are available to the other party.

The other party may just decide not to keep their word.

The parties to a divorce typically make verbal arrangements of some form, such as who will live in the house or which funds would be used for costs. A verbal agreement could be abruptly abandoned if one spouse wants to put off the divorce, creating new problems.

Forcing you into a legal position to file motions.

By withholding assets or employing other cunning strategies, your spouse can stall the divorce process, requiring you to file motions in order to get correct financial data on him or her. This process could take a while if your partner is uncooperative.

Making false accusations.

In a particularly contentious divorce, your ex-spouse can accuse you of abuse or child neglect and seek a protection order against you. This might make child custody and divorce more difficult.

Using the discovery process for stalling.

During discovery in the divorce process, it is common for both parties to request proof, however some spouses may prolong the process by submitting several motions and requests. The process is such that you are always obligated to respond to the other party. Suddenly, you are required to provide vast volumes of information, which slows down the process.

A seemingly endless request for continuance.

Your spouse may request a new date for the hearing by informing the judge that he or she did not have enough time to prepare. Your spouse might be able to merely claim  they have not yet sought legal counsel, whereas you need a legitimate reason to request a continuance.

It is just important to note that the court will only tolerate these stalling to a point. Once the court has covered most of the most contentious elements of the divorce process, it will make sure it will get to the divorce judgment expeditiously.

 

The Ball Is In The Court

Divorce hearings must occur one year after the complaint is filed, according to the administrative orders setting the standards for circuit court judges in Michigan. To put it another way, a couple gets a year to attempt and settle their differences through mediation or negotiation.

The judge will then probably issue a summons for both parties to present their cases in court. The judge will subsequently decide on the divorce’s final conditions. Depending on how busy the court is, the trial procedure may continue for another six months or more.

Conclusion: It is reasonable to anticipate a Michigan divorce should be concluded in less than two years, even with the most stubborn spouses.

The fact of the matter is that in Michigan, your spouse cannot prevent you from filing for divorce. You do not need your spouse’s consent or proof of marital infidelity to secure a divorce in Michigan because it is a no-fault state. Regardless of how much your spouse desires to remain married, you are not obligated to do so.

 

What Can I Do If My Ex Is Stalling?

Your spouse can’t really stop the divorce proceedings, they can delay or stall it although not indefinitely. There are many ways to get around these stalling tactics but let’s focus on the ones with most effect on the general direction of your case or what we can consider the critical path to concluding the case.

[1] Make sure you do the filing right the first time. Make sure you complied with the residency requirement and the filing in the right court of jurisdiction.

[2] Use a process server or another delivery service to have your spouse receive the divorce petition.

[3] If you can’t find your spouse to send them the petition, request the court’s approval to publish the notice in a newspaper or other publication.

[4] Observe a waiting period of 60 to 180 days, depending on whether you and your spouse have children together, for the court to finalize the divorce

[5] Comply with the waiting period. If you and your spouse have children together, there is a waiting period of 60 to 180 days before the court can declare your divorce as final.

[6] Wait until the customary period of time has passed before requesting a default judgment, during which your spouse has 21 to 28 days from the day you delivered the papers to reply.

[7] Talk to your attorney so you can talk about things you need to anticipate especially when you know who you’re dealing with. Yes we’re talking about your spouse. The other party in your divorce case.

You must submit your papers for a divorce in Michigan to the family division of the circuit court, often known as a “trial court,” in the county where either spouse resides. You may need to submit your documentation electronically to some Michigan courts. To find out the criteria in the county where you’re filing, speak with your local court clerk.

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If My Spouse Inherits A House During Our Marriage, Is It Fair Play In Michigan?

The husband and wife are married. The husband receives an inheritance after a member of his family passes away. Is it fair if my husband receives a house during our marriage? Fairness may have nothing to do with it. What the inheritance is about is more important. Is it going to be a separate property or a marital property? That’s the question.

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The judge will view the situation as the couple did before getting a divorce. The court will view the property as separate if your spouse inherits a house but after probate simply leaves it alone and does nothing about it. If you accept the inherited home, remodel it with marital money, or give it to your marriage as a gift, the court will view it as a marital asset that is subject to property division.

One spouse’s inheritance during a marriage is viewed as separate property. While the pair is still married, if one spouse receives damages for pain and suffering in a personal injury action, the damages are often viewed as separate property.

So if your spouse suddenly inherits a house, the question is not about being fair. The question is will the house be separate or a marital property.

 

Your Spouse Can Choose To Keep It Separate

If you have some respect for your spouse, you shouldn’t object to your spouse keeping the inherited house separate. Under Michigan law, your spouse can keep the house separate because it is an asset acquired through inheritance.

This is how your spouse will be able to keep it separate from your other marital property. 

If you have an antenuptial or prenuptial agreement, you probably know that she can keep the house separate if the prenup agreement says so. Your prenup will probably define what other assets will remain separate and how much of it will be kept separate from your marital assets. But just in case you or both of you are not celebrities yet or part of the wealthy elite with high net worth, your spouse will probably do one or a combination of any of the following measures to keep the inherited house a separate asset:

[1] Not doing anything to the house and letting the asset sit.

[2] Paying taxes of real estate properties and earnings from these properties drawn from sources under your spouse’s name only or are coming from sources attributed to your spouse’s personal account or from checking accounts with your spouse’s name only. As much as possible your spouse will get the cash from earnings of gifted or inherited property to pay for the income taxes for earnings from these inherited property.

[3] Your spouse will keep a record and maintain an accurate property record to establish the personal asset as a separate piece of property under your spouse’s name only.

[4] Your spouse will refrain from adding your name to the certificate of title of the separate property at your spouse’s own accord or by the advice of your spouse’s attorney.

[5] Your spouse will refrain from making repairs or upgrades to the inherited property using your  marital funds or asking your help in the repairs and upgrades of the inherited property.

 

Your Spouse Loves You So Much

Then again your spouse might just love you so much and make the inherited property part of the marital assets or give all of it to you. You’re one lucky…

Now this is how your spouse is going to show you how much love there is. Your spouse is going to “gift” the inheritance to your marriage. Your spouse is going to add your name in the certificate of title. By doing that, your spouse declared you also an owner of the property.

In essence, your spouse just compromised the ownership of the property. This property now became a marital asset subject to property division later in the event of a divorce. 

Hopefully, you never get divorced.

Just in case you’ve been contemplating on getting a divorce and would like to know if there’s another way you can get a slice of your spouse’s separate property (or another inherited property), here’s another way.

Your spouse, not deliberately or intentionally, might inadvertently transform a separate property into a marital asset. 

Here’s how this is going to happen.

 

There Is Such A Thing As Commingling

It’s important to keep in mind that separate property may occasionally overlap with or change into marital property throughout a marriage, depending on the legal norm. For instance, if the separate property was used for the family’s benefit or if it was combined with marital property. This is what you call commingling of properties.

The word “commingled property” refers to the blending of separate property with marital property.

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

This exception may take the form of a house that your spouse inherited and greatly increased in value with your assistance. This is the reason your spouse will not ask you to assist or help in the repairs and upgrade of the inherited spouse. Doing so will muddle the ownership and separation of the property from marital assets.

There’s other scenarios you may encounter with commingling.

After purchasing your new marital house, both of you discover that it needs a lot of upkeep. For many of the renovations, the both of you became dependent on the funds from your joint savings account, which you created before the marriage. The house’s worth rises as a result of the improvements.

Your spouse already had a savings account before you got married. When you get married, your spouse wishes to purchase a home with you. Your spouse pays the down payment on the marital home with money from her personal savings account. Your spouse’s personal savings account just got commingled.

Your spouse sells equities previously bought from the union in order to raise money for a small business that you want to launch together. Your business is now commingled.

Once you hear about the inheritance, find out if the inheritance was for your whole family and not just for your spouse?

Property that is inherited after the date of marriage but is solely given to one spouse is typically categorized as separate property.

You don’t have to be fair but you can have a slice of the inheritance according to Michigan statutes if the inherited property gets commingled. 

Or, you can just love your spouse to death and get more.

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How To Financially Support Your Child After Separation In Michigan?

How do you financially support your child after a divorce or separation between a husband and wife? The current state of affairs must be preserved at all costs. If a particular sum is combined to cover the children’s expenses, then that amount should be maintained. You must promptly file a motion to maintain the status quo and pay the bills if one of the providers of these monies for whatever reason decides not to contribute to the pool.

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If you wait far too long to ask for relief or submit a request, the court might assume the status quo and make its decision based on that. Have your attorney file a motion to maintain both parents’ contributions to paying such expenses.

The problem with child support calculators out there is that it doesn’t have an app converting the 12 factors to determine the best interest of the child into dollars. Most of these calculators are intended to just give you the bare essentials or the minimum expenses to be covered by child support.

There’s more to child support than just the obvious expenses. 

 

What Expenses Are We Talking About Here?

A parent must pay child support as per a court judgment in order to help cover the cost of raising a child. The judge may make an order to start or amend child support up until the child is 18, or in some cases, until the child turns 19 and a half years old.

You might ask to begin providing child support by submitting a motion in your ongoing family court case. If you don’t already have a family court case, you can start one on your own or ask for child support services to do so. Several modifications can be made to a child support order.

What expenses and in what proportionate amounts are determined by a formula or a guideline mandated by the Michigan Friend of the Court Act of 1982. 

After significant research and with the assistance of economists, a group made up of family law attorneys, psychologists, public health officials, and members of the general public devised Michigan’s child support formula. The formula took effect in 1984.

The phrase “guidelines” for child support is much more common than the formal name of the document, the Michigan Child Support Formula, or MCSF.

The federal rules are updated every four years, and the State Court Administrative Office of Michigan announced the most current revision to Michigan’s child support formula on January 1, 2021.

The Michigan Supreme Court, which issues the guidelines, receives proposals from a group which meets on a regular basis.

The regulations provide that parents are required to pay for a child’s basic needs (called base support), medical care, and child care expenses.

The three primary factors used to calculate child support are the income of the paying parent, the income of the payee parent, and the number of overnights of parenting time.

According to the MCSF, daycare expenses are split up based on the parties’ respective salaries. The payee’s job or school schedule must require child care in order for the court to order the payer to pay for it.

Child support includes the expense of extracurricular activities as well. However, many parties often split the cost of these expenses in addition to the amount of child support when the activities and prices are agreed upon by both parties.

 

Who Will Actually Pay For These Expenses?

Before the divorce, we presume both parents to be shouldering the costs of raising the children. After divorce, we presume differently since we see both parents living separate lives and depending on who gets custody of kids, the expenses may be different and slightly higher. It’s different because spending patterns will change after separation. It is higher at least for the non-custodial spouse because there are now two households to worry about.

If the court awards joint custody, you might worry about having to keep paying child support. Child support payments are dependent on a number of factors, including your income, the amount of time each parent spends with the children, and the cost of raising the children.

The non-custodial parent often pays child support to help cover part of the costs of raising the child. These expenses may involve the cost of shelter, clothing, and food. Additionally, expenses for things like healthcare, transportation, and education are covered through child support.

If the parents share custody, these expenses must be divided equally. This suggests that the expense of raising a child is shared by both parents. Even if you make more money or have fewer costs than the other parent, you may still be required to pay child support.

If your child spends less than half of the time with you, you must pay child support. In general, if a child resides with one parent for more than 50% of the time, the other parent is not required to pay child support.

In a shared custody arrangement with 50/50 custody, child support calculations will look at each parent’s income to determine who will be responsible for paying child support and how much they will pay.

 

How Is Child Support Going To Get Paid?

Most often child support payments are made through the Friend of the Court. You have an option to pay directly to the custodial parent.

The child support formula already defines the support commitments shared by both parents:

[1] Contributions for a child’s expenses from a paying parent will be established in a support order.

[2] A parent receiving the child support amount is presumed to contribute directly to a child’s support.

In summing up calculations, support amounts are to be rounded to the nearest whole dollar.

In Michigan, parties that choose to pay child support directly can “opt out” of the Friend of the Court program. However, the choice is all or nothing. By choosing to “opt out,” the parties are giving up the right to use any FOC services for any reason. So if they have disagreements over child support, parenting time, or custody, they won’t have any recourse. 

To “opt in” to the FOC, the parties may at any time ask the court to do so. Some judges, though, will not consider any cases that came up during the “opt out” period. It is best to “opt out” only if the kids are in high school and there is minimal likelihood that FOC services will be needed.

It is common for the parties to pay their separate portions of the cost directly to the child care provider, but the cost of child care is also typically included in the amount the payer pays through Michigan State Disbursement Unit, or MiSDU.

Thanks to the ease of use and accessibility of internet banking, the days of mailing checks to and from the Friend of the Court are a thing of the past. According to federal law, child support must be managed by a statewide system. Consequently, Michigan created the Michigan State Disbursement Unit, or MiSDU.

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Can I Waive The 6 Month Waiting Period In A Michigan Divorce?

For a divorce involving minor children, the court is given six months to schedule events such that they cover all of the crucial divorce-related procedures. Although the court has the option to cut it short, no final paperwork may be signed until the 180-day period is passed. There are several issues that couples will need to discuss when going through a divorce with children, such as child support, parenting time, and custody. The majority of the processes will be finished in the same amount of time even if there isn’t a waiting period.

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There are two waiting periods in Michigan. The first waiting period is sixty days.

There is a sixty-day waiting time from the date the case is filed before the judgment can be entered if there are no children. (The waiting time is unaffected by the date the other party is served with notice of the divorce.)

In Michigan, a sixty-day waiting period is required before filing for divorce. The divorce is likely invalid if the judgment is entered in less than sixty days.

The second waiting period is six months or 180 days.

 

Why The Waiting Period In Michigan?

Just recently we published our article entitled, “Michigan Divorce Timeline” in our Legal Blog here. In that article we discussed why the state of Michigan imposes the waiting period for couples.

A moment for second chances.

An intense argument may be followed by a hasty and enraged divorce filing. Combative partners are given some time to cool off and determine if this is actually what they want during the waiting period.

Couples may start discussing their problems in a fresh way once a divorce case has been filed in court due to the impending reality of separation. The divorcing spouse can also decide that living alone is not what they had envisioned after leaving the home.

While waiting, the couple has time to think about a potential reconciliation.

Preparing for post-divorce parenting.

A new living circumstance calls for a different approach to visits, daycare, and educational systems. As they learn to co-parent in different homes, parents may decide making amends and giving their marriage another chance is preferable to ending it.

The court will decide who gets to have the child if the parents are unable to reach an agreement, thus there will need to be a trial where both parties will submit their evidence. Prior to trial, the judge may ask a custody investigator with specialized skills to assess each parent’s ability to care for the children.

Determining whether a custody agreement is in the “best interests of the child” as defined by the Child Custody Act may take months.

Navigating your financial maze.

Few people actually come out of divorce financially better than they would have if they had remained married. As one family becomes two households, the couple’s expenses nearly quadruple compared to when they were living together.

Due to the fact that married couples typically combine their finances, it may take some time to get all the necessary documentation, total everything up, and establish how to efficiently separate one spouse’s assets and debts from the other’s.

Just a few examples include checking accounts, investment accounts, insurance plans, bank loans, and credit cards. For tangible assets, such as real estate, vehicles, and other items, an appraisal is necessary. One or both partners must find new housing.

The parties in a high asset divorce might need to hire professionals to conduct asset discovery and valuation. There are retirement or pension plans to think about for those with a sizable amount of job experience.

A moment for mapping settlement.

Michigan courts normally schedule the initial divorce hearing for couples without children at least 60 days after the divorce complaint is filed.

Couples with few disagreements can frequently agree on the terms of their divorce before the first court hearing. The divorce can then be officially finalized at that first hearing after the required 60-day waiting period has passed.

The parties have at least had time to define their differences of opinion, estimate how much additional time will be needed to reach a resolution, and contemplate whether a mediator could be required if a settlement cannot be reached by the first court date.

 

The Six-Month Waiting Period Is Not Set In Stone

The six-month waiting period has exceptions. A court may waive the six-month waiting time under Michigan law, but not the sixty-day one. When it comes to “exceptional difficulty or such compelling necessity as shall appeal to the conscience of the court,” which would appear to indicate a very high threshold, the six-month waiting period can be extended (but never by less than sixty days). But in practice, the majority of judges will waive the six-month waiting period if there is a good cause and they are informed that the matter is a collaborative case.

Another thing to keep in mind is, even though there is a minimum waiting period of six months in litigation cases, it is uncommon for cases to be resolved quickly after that time period has passed.

These are extremely rare exceptions, but certain judges would lift the six-month waiting time in collaborative cases if there are strong enough justifications. Judges appear to be aware that beginning a collaborative process is virtually the same as filing a complaint.

The possibility of a judge forgoing the six months exists. The divorce may not be finalized for six months after the complaint is filed. People can be emotionally divorced when they sign contracts, so even if the legal dispute has not been addressed, tension normally decreases once the issues are handled.

Public policy encourages people to take some time to collect themselves and think things through before finalizing a divorce and potentially mending fences for the sake of the family.

The 60-day statutory period cannot be waived by trial courts unless testimony needs to be preserved. 

However, if the parties have come to an agreement, settled all disputes, and expediting the divorce is in the best interests of the minor children, some courts are ready to waive the remaining 60 days of the 180-day waiting period for divorces involving minor children.

No portion of the initial 60 days, nevertheless, can be waived.

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Michigan Divorce Timeline

What timeframes are important for divorce? This is the typical Michigan divorce timeline. The court will consider a six-month schedule if there are children involved in the divorce. The court wants you to consider matters because they might have an impact on the children. Of course, the court has the authority to adjust this schedule.

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The court will have different concerns if you are divorcing without children. Your divorce lawsuit must be resolved within 60 days. Even if you’ve already sold off some of your assets, the court will nonetheless follow the deadlines.

There are additional timeframes, such as summonses, which have a mandatory 90-day duration. This indicates that a time frame is required for serving the summons. Without a legitimate summons, a case cannot be initiated. If the summons runs out of time, the court must reissue it. In order for certain divorce-related actions to proceed, these deadlines must be met.

 

The 60-Day Timeline

In Michigan, the required waiting period is 60 days if there are no children involved in the divorce. 

The divorce is likely invalid if the judgment is entered in less than sixty days. A court may waive the six-month waiting time under Michigan law, but not the sixty-day one. In instances of “exceptional hardship or such compelling necessity as shall appeal to the conscience of the court,” the six-month waiting period may be extended but never to fewer than sixty days.

After the filing of the complaint, the other party is given some time to respond.

The defendant has 21 days (or 28 days if served by mail or outside of the state) following the filing and service of the complaint and summons to file a response of admission or denial of each allegation in the complaint.

The time set to respond should already constitute almost half of your waiting period.

Once the answer is appropriately submitted, the case becomes contested. An order of default could be issued if the defendant fails to submit an answer. The case then turns into an uncontested divorce. A defaulted defendant may, however, choose to hire a lawyer and ask the court to overturn the default at any point until the case is resolved.

You can add the amount of time contributed by the issuance of temporary orders, discovery, negotiations, and a lot more key processes leading to the first court appearance. In essence, the 60-day waiting period is basically consumed by the first few stages of the divorce process.

 

The 6-Month Timeline

If there are small children involved in the divorce, there is often a six-month waiting period. There is a lot of pressure on Michigan’s courts to resolve divorce cases within a year of the filing date. Six months are the “normal” waiting period for a divorce including children once the complaint is filed, or when the lawsuit first begins. The majority of child custody disputes that go to trial last more than six months but are often resolved in less than a year.

The six-month waiting period has exclusions.

A court may waive the six-month waiting time under Michigan statute, but not the sixty-day one. The six month waiting period can be shortened but never less than sixty-days in cases of “unusual hardship or such compelling necessity as shall appeal to the conscience of the court. In reality most of the judges will waive the six-month waiting period if there is a reason to do so and they are made aware that it is a collaborative divorce case.

An alternative to the protracted legal fights characterizing typical divorce litigation is collaborative divorce. Both parties to a collaborative divorce agree to work with qualified professionals to end their marriage outside of court.

The collaborative law process is you and your spouse appearing in court and asking the judge to approve the agreement you formed together. This can help you avoid the inconvenience, cost, and unpredictability of a divorce trial while maintaining your privacy.

 

What’s With the Waiting

The waiting period for a divorce in Michigan is mandated by Michigan Compiled Laws 552.9f. A Michigan divorce without a minor child is permitted by MCL 552.9f, but it cannot be granted until 60 days have passed since the bill of complaint was filed.

A Michigan divorce with a minor child (under the age of 18) cannot be finalized “until the expiration of 6 months from the day the bill of complaint is filed,” according to the same statute, MCL 552.9f.

Simply put, the statutory waiting period in Michigan is 60 days for divorces without minor children and 6 months for divorces including minor children.

Now what’s with all this waiting for. 

It’s been a policy of the state to preserve the institution of marriage as much as possible and to protect the unity of the family subsequently serving the interest of children. The waiting period provides opportunities for several key moments to happen.

A moment for second chances.

A divorce filing can usually follow an explosive dispute and is done out of haste and rage. A waiting period gives combative partners some time to calm down and decide if this is really what they want.

Once a divorce complaint is filed in court, the looming reality of separation can trigger couples to begin talking about their issues in a new way. Or the spouse who requested the divorce might leave the household and discover that living alone is not what they had envisioned. 

The couple has time to consider the possibility of reconciliation while waiting.

Preparing for post-divorce parenting.

A new living situation necessitates a new approach to daycare, school systems, and visitation. Parents may decide they would rather make amends and give their marriage another try than to end it as they learn to co-parent in different homes.

If the parents are unable to come to an agreement, there will need to be a trial when both sides will present their evidence, and the court will decide who gets to keep the child. The judge may request that a custody investigator with specialized training evaluate each parent’s capacity to care for the children before trial. 

It may take months to decide whether a custody arrangement is in the “best interests of the child” as provided for in the Child Custody Act.

Navigating your financial maze.

Few people actually recover financially from divorce better than they would have if they had stayed married. The couple’s expenses virtually double compared to when they were cohabitating as one household becomes two households.

It might take some time to gather all the relevant paperwork, add everything up, and determine how to effectively divide one person’s debts and assets from the other’s because married couples generally combine their finances.

Just a few examples include checking accounts, investment accounts, insurance plans, bank loans, and credit cards. An appraisal is required for tangible assets like real estate, vehicles, and other goods. Either spouse—or both—must locate new housing.

For high asset divorce, the parties may have to hire specialists to do discovery and valuation of assets. For those with a considerable number of years of work, there will be retirement or pension to consider.

Federal law requires a separate document known as a Qualified Domestic Relations Order (QDRO) or an Eligible Domestic Relations Order (EDRO) when there is a government pension if either party has retirement benefits in the form of a traditionally classified pension plan, 401K, or other type of retirement plan.

Typically, these records are added after the divorce judgment has been granted. It might be difficult to get the parties to agree on the precise language and have the language verified by the plan administrator because each pension plan administrator has their own terminology that they require in a QDRO or EDRO. Many Michigan divorce attorneys consult a QDRO expert to create these documents.

A moment for mapping settlement.

The initial divorce hearing for couples without children is typically scheduled by Michigan courts at least 60 days after the divorce complaint is filed. 

Before the first court hearing, couples with a limited number of disputes can frequently come to an agreement on the terms of their divorce. By then, the 60-day waiting period has elapsed, the divorce can be finalized at that initial hearing.

In the event a settlement cannot be reached by the first court date, the parties have at least had time to identify their differences in opinion, determine how much more time they will need to reach a resolution, and consider whether a mediator may be necessary.

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What Can I Do If My Ex Left & Took Everything In Our Home?

When the divorce is finalized, you return home to an empty house. What can I do if my ex-husband abandoned us and grabbed everything? Keep in mind that you own half of the items in the house and your spouse owns the other half. Making an inventory is the smartest move to make. You may easily record a video of what is within the house. You have two options: either you restore it or you sell it for what it is worth.

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Coming home to an empty house after a divorce can be distressing for the children. In order to have everything restored, you might need to submit a motion to the court. If you, the spouse, are considering packing up the entire home, you should first consult with an attorney. You must approach the court to order that no one should touch certain assets if you want to keep them.

 

Half Of The Marital Asset Is Split 50/50

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 the division of property 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 when a couple files for divorce. Judges in states with equitable distribution have the discretion to stray from a 50/50 split. The courts typically allocate assets fairly and evenly, despite the fact that Michigan is an equitable distribution state.

Bottom line in subscribing to this “equitable distribution” principle means your ex can’t just take everything from your house and go. Half of the value of every item your ex took from the home belongs to you. It means everything including things not even found in the house like cash in your bank accounts and unfortunately even your debts.

The home where all of those things your ex took everything from is also subject to the 50/50 split. 

If you or your spouse uses assets from the marital estate, especially recklessly by accruing debt, spending it carelessly, or hiding, selling, or disposing of assets, it is referred to as “dissipating” the marital estate. The offending spouse may experience serious consequences as a result.

When a couple separates, they could elect to relocate their belongings out of the marital home and into a new place. There may be disagreements on what you and your spouse believe to be personal property. Your clothes and personal accessories are obviously not up for equal distribution and should not be a problem.

Not everything you want to take will ultimately be considered separate property in the process. For instance, you might decide that you want to pack up your house and transfer everything to your new apartment. Your spouse is obviously left without a place to rest or sleep as a result of this. If you have kids, it may be a traumatic experience for children to have to come home to an empty house.

 

Restoring The Status Quo

The decision to get divorce is not a spur of the moment thing. You may have already contemplated this years, months or at least weeks prior. If you were smart about it, you would have talked to an attorney already. 

A good attorney would have advised you to do an inventory of assets in the house.

Doing an inventory of assets in the home.

Notably, before the divorce is finalized, either party or both parties may contest the removal of property. You might return home to find the rooms empty, for instance. While that is undoubtedly heartbreaking, you should prepare an inventory of your home’s contents based on your current memory. Of course, photos also convey a lot. 

A smart phone should come handy. You can record everything in the house using a video on your smartphone. A good panning and zooming should do the trick.

Filing a motion to restore assets or freezing current assets.

You can ask your attorney to file a motion to have your items restored or returned to the house. If return or restoration is not possible to have it replaced or give cash in the amount enough to replace it. The more effective measure is to freeze assets without affecting your current ability to sustain current financial obligations.

The use of shared finances by both partners to cover reasonable expenses and costs, such as mortgage payments and child care fees, is permitted under the law.

However, a judge may intervene and order the freezing of all the funds in the account as well as any other marital property that is in jeopardy if there is proof that one spouse is trying to waste or conceal assets.

Even if there is no proof of wrongdoing, a couple’s assets could even be frozen from the start of the divorce process.

The law in Michigan is very clear that it is illegal to conceal assets during a divorce and that doing so will result in severe consequences. In a divorce, one spouse is not permitted to conceal assets to the detriment of the other.

 

Protecting What Is Separate

If divorce has been contemplated and the decision is moving on at a steady pace, it is wise to already talk to an attorney. You need to protect assets. Protecting assets should be a concern even if divorce is not even on the table.

Prenuptial Agreement

A written contract between two people who are getting married that specifies how future earnings will be treated, who will govern each other’s property, and how assets might be divided if the marriage ends in divorce is known as a prenuptial agreement. It is also known as an antenuptial agreement. In a way, even if the marriage doesn’t work out, the agreement gives each side certainty.

If one or both of the parties have significant assets, children from a previous marriage, potential inheritances, high incomes, a family business to protect, a desire to avoid the high cost of further litigation, or if one spouse had a previous marriage that was perceived to have ended unfairly, these agreements are fairly typical.

Antenuptial agreements will be enforceable in Michigan if steps are taken to limit an unfair outcome such as:

[1] signing the premarital contract far in advance of the wedding,

[2] ensuring that separate legal counsel is retained for each party,

[3] The agreement could incorporate a progressive property settlement schedule based on the length of the marriage if the parties’ wealth is significantly unequal.

Post Nuptial or Antenuptial Agreement

A prenuptial agreement and a postnuptial agreement are very similar, with the exception that a postnuptial agreement is made by a married couple. It is a legal document that spouses sign jointly that specifies how their assets and debts will be split in the case of a divorce.

Postnuptial agreements that were signed while the parties were still married and that appear to have been made with the intention of divorcing one other have historically been revoked by the courts. But there are some circumstances in which a postnuptial agreement will be enforceable:

[1] When the couple has already filed for divorce or separated and then decides to get back together under the postnuptial agreement’s specific conditions.

[2] When a couple intends to divorce and signs a settlement agreement with the understanding that it would eventually be incorporated into the divorce decision.

[3] When the parties are still married, and only discuss what will happen in the event one spouse passes away.

When a divorce seems to be the only option, postnuptial agreements can be a helpful tool to keep your family together during trying times. However, in order for them to be upheld by Michigan courts, they must be carefully drafted and agreed upon under precise conditions.

Keeping Good Records of Gifts and Inheritances

Keep the documentation of how and when you received the inheritance or gift. This can be done using probate court records, copies of checks, or bank transfer records as long as they include the date, name of the person transferring the property, and the recipient. It can be tempting to toss these records away as time goes on. Don’t. Put them somewhere secure and apart from you, like your own safe deposit box.

Keep the documentation of the growth on the property as well as the location where the funds or items were deposited. You will be required to prove that the money was received as a gift or through inheritance and that you maintained the property separate if there is a divorce. Keeping accurate records moving forward is crucial. Do not rely on the investment firm where you made the deposit to maintain this data. The average record-keeping period at banks and financial firms is seven years.

The given or inherited property should not be mixed together. In other words, save any gifts or inheritance you receive from family members in a separate account. Do not include it in an existing account. Don’t deposit any earnings from the marriage into this account. It’s possible to classify adding “marriage money” as commingling. Combining with other properties can make them lose their own characteristics.

Do not include your spouse’s name on any real estate if the property is in the form of real estate. Legally, you are giving your spouse half of the property in this manner. It will lose its “separate” classification as a result of this. In the event that it is deemed to be marital property, your husband will likely be entitled to half of its worth.

If you inherited real estate and money as a gift or inheritance, it is ideal to utilize the cash to cover the real estate’s property taxes, insurance, and other costs. Provide solid documentation, such as copies of checks from your separate account, to support the source of these funds.

Additionally, it would be ideal if you could pay your income taxes on your separate investments’ earnings from the gift or inherited property. According to current Michigan law, paying income taxes on earnings made using marital funds or declaring investment income on joint taxes does not transform separate property into marital property. If you can demonstrate that you paid taxes on the income, it will be simpler to demonstrate that the property remained separate.

Avoid consistently using this money to sustain the family and try to keep it safe. Your separate funds may stop being separate if you routinely utilize them to pay for home expenses.

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What Is Considered An Unstable Home For A Child In Michigan?

A dozen factors are taken into consideration by the court while making a custody decision. These factors assess the child’s level of stability. What exactly qualifies as a stable home? You as a parent need to be a source of trust for a child. Possessing what they require at the appropriate time is the most trustworthy thing. 

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A parent missing visitation is a sign of an unstable home. Guests who do not act as a parent figure, such as boyfriends or girlfriends. Kids aren’t given any direction. Children need to understand they are in a secure and healthy environment. Your chances of getting custody of your children may be jeopardized in the absence of stability.

 

A Child’s Established Custodial Environment

A custodial environment may be established if, over a “appreciable” period of time, the child has grown close to a parent or another adult in whom he or she receives discipline and teaching, looks for direction and support, and who also meets the child’s needs and provides “parental comfort.”

The stability of the bonds between parents and children will typically determine whether an established custodial environment exists. Age of the child, the physical setting in which a parent or custodian has provided care for a child, and the feelings shared by the parent and child regarding the nature of their relationship are all things you could take into account.

It is crucial to understand that just because a child lives with a parent, it does not automatically imply the parent has an established custodial environment in place.

Even while a parent may have custody, it does not necessarily follow the child will exclusively seek out the parent for parental comfort, advice, and discipline. Because they have given the child direction, discipline, basic necessities, and parental comfort, both parents may have built a custodial environment with the child.

This custodial environment brings comfort and stability to children. The court gauges and measures the depth and quality of the custodial environment as a way to help decide on custody and parenting time issues.

 

The Unfit Parent Creates An Unstable Home

A parent is seen to be an unsuitable parent by the law when they fail to provide their children with the proper guidance, care, or support through their actions. Additionally, a parent will be ruled unfit if they have a history of abuse, neglect, or substance misuse.

Child Protective Services or CPS in Michigan is typically involved in cases where a parent is found to be unfit, and there may be a safety plan or an open, ongoing investigation against the parent.

Parents who are divorcing may not agree on child custody matters or may not trust the other parent with the children.

Never criticize your spouse in front of your child. In addition to damaging the children’s vulnerable psyche and making the whole process stressful for the children, this unnecessarily involves them in conflict between you and your ex-spouse.

Even worse, it can result in emotional alienation, which happens when a child begins to prefer a parentless home as a result of one parent’s critical remarks. Courts have a zero tolerance policy for this conduct and will take severe action against any parent who engages in it.

Even though it can be challenging, it is crucial to control your emotions in tense circumstances like divorce or a child custody battle. Although you might be tempted to give in to your annoyance and explode in anger, you must resist the urge.

Courts are less inclined to assign custody of a child to a parent who exhibits volatile emotions, particularly strong ones like rage. Even if your spouse is angry and spiteful, it is best to refrain from responding in kind because doing so will only make things worse for you.

Never take lying or cheating on your partner or spouse lightly. Your dishonesty may unduly weaken or cause the court to complicate your child custody case as these are often grounds for dismissal.

Additionally, resist the impulse to start or sustain a romantic relationship with anyone else while your divorce is going on. Children may experience extreme discomfort when they witness their parents having an intimate relationship with another person. Divorce is a painful process for children.

This kind of behavior may not be seen positively by Michigan courts since they consider it harmful to the child.

In the extreme, a parent can make a home unstable when there is prevailing atmosphere of child abuse manifested either as a physical harm or mental harm. We described this form of bodily harm to a child in an article entitled, “What Is Considered Child Abuse In Michigan?” You can read the article in our Legal Blog here.

We described any harm to the child’s bodily state as follows:

“Serious physical harm” refers to any physical harm to a child that gravely compromises the child’s health or physical well-being, such as brain damage, a fractured skull or bone, a subdural hematoma, a dislocation, a sprain, an internal injury, poisoning, a burn or scald, or a deep cut.

“Serious mental harm” is defined as an injury to a child’s mental wellbeing or condition that is not necessarily permanent but nevertheless produces clearly discernible manifestations of a significant disorder of thought or mood that materially impairs behavior, judgment, the ability to recognize reality, or the capacity to cope with day-to-day demands of life.

 

A Failed Parenting Time Creates An Unstable Home Too

In many families, one parent concentrates on earning money and working, while the other parent is more active in raising the children. Even though at the moment it seems like the greatest plan, if you have a poor track record of spending time with your child, it could hurt your case.

Which parent is the primary caregiver for the children, who makes dinner, and who assists them with their homework are frequently the topics of discussion in Michigan courts. Even though you could be working hard to provide for your family’s basic needs like food, shelter, and clothing, the parent who provides their child with better care has a clear edge.

During parenting time exchanges, you can ruin the parenting time experience by dragging the children into parental dynamics. 

This happens when parents argue in the presence or proximity of children. Making negative rhetoric or statements about the other parent or the other parent’s family members. Making queries about the other parent’s life from children. Passing on messages using the kids as intermediaries. Trying to ruin the child’s relationship with the other parent. Picking up or dropping off children too late or too early without giving the other parent a heads up. Being inconsistent in following parenting time schedules just to irritate the other parent.

Here’s a colossal failure you can do as a parent: leaving the family.

You have consistent parenting time for months and suddenly you’re gone.

Leaving your family behind before the child custody dispute is resolved could irreparably harm your case. The court might not view this decision favorably unless it is in accordance with a court order or was made jointly with your spouse and attorney.

 

Failing To Abide and To Sustain Custodial and Parenting Time Arrangements

There is a reason why child custody and parenting time is structured and defined a certain way. All of these arrangements are meant to serve the best interest of the child. In all the drama and pressures of divorce, parents tend to forget this. The court is not interested in the affairs of the parents, the courts have an almost absolute bias for protecting the welfare of the children.

This is the reason why courts even put up with minor criminal or misdemeanor offenses in the personal history of the parents. They are willing to ignore misdemeanors just to ensure the relationship or the bond between parents are kept and sustained through the life of the children. This is the whole point of equitable custody and parenting time.

When a parent, through their selfish behavior disrupts the custodial arrangement or jeopardizes the parenting time, they create instability in the life of the children at home. Openly defying or circumventing the intentions of the court disrupts the arrangements meant to serve the child’s best interest.

Preventing a parent from seeing the children leads to instability in the home. It doesn’t go well for the child, and the court frowns upon such behavior. The court has no problem throwing the book at a parent who tries to disrupt the stability in children’s lives. 

Stability in the home for children will define the quality of your parenting. More than being appreciated as the parent of the year, stability in your home for your child is a determining factor if you will continue to be the custodial parent.

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How To Establish A Visitation Schedule Hassle-free In Michigan?

In terms of your spouse’s parenting responsibilities, you are expected to be the foremost authority in the nation. In terms of parenting time, you are aware of your partner’s preferences and expectations. Creating a visitation schedule won’t be difficult if you communicate and work together. The other party is someone you are the closest to knowing. What does this indicate? To compromise with your spouse, you are in a better position. 

Click here to watch the video on How To Establish A Visitation Schedule Hassle-free In Michigan?

Co-parenting entails this: collaborating to get the optimal compromise so that everyone receives the ideal timetable for themselves. You must recognize that the court has a different priority. The judge is more interested in how much time you spend with the children. If your personal priorities conflict with the child’s best interests, the court may not take that into account. The court will find a solution for you both if you can’t come to an agreement with your ex.

 

The Powerful Statutory Basis For Parenting Time

The time a child spends with each parent when they do not share a residence is referred to as parenting time. In Michigan, unless a judge finds that parenting time will damage the child’s physical, mental, or emotional health, a child has a right to parenting time with each parent. 

It is generally in the best interests of a child to have parenting time that is consistent, long-lasting, and of a nature fostering a positive bond between a child and parent. This is embodied in a Michigan law MCL 722.27a(1).

The MCL 722.27a(1) clause states as follows:

“Parenting time shall be granted in accordance with the best interests of the child. It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents. Except as otherwise provided in this section, parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.”

The Friend of the Court is your ally in ensuring the proper implementation of parenting time. MCL 552.519 mandates the Friend of the Court Bureau of the Michigan Supreme Court, State Court Administrative Office, create publications to aid each friend of the court office in performing its duties.

The previous Michigan Parenting Time Guideline was released in 2000 with the goal of educating the general public and professionals, such as court personnel who assist parents in creating parenting time plans, on good parenting practices. The most recent edition of the Michigan Parenting Time Guideline was published just this March 2022.

 

Get The Parenting Time Guideline

Now a lot of work has been done on the “guideline” so don’t dismiss this very useful document just yet. It can save you a lot of trouble in the future if you just find time to have a few minutes of reading. You want to start on the right track, this is it.

Here’s a bit of history about the guideline.

The Friend of the Court Bureau worked with the Chance at Childhood Clinic at Michigan State University College of Law to study current best practices in other states and make adjustments to the Guideline recommendations. For information on their accomplishments and challenges, experts on parental time laws in other states were consulted. The Guideline was then examined by a Michigan domestic relations advisory committee.

With permission, sections of this guideline were adapted from the Arizona Supreme Court’s Planning for Parenting Time: Arizona’s Guide for Parents Living Apart parenting time guideline.

The Guideline has a dozen sections but noteworthy of these are the following sections:

[1] When to Use the Parenting Guideline

[2] Child Development and Parenting Time Considerations

[3] Special Considerations

[4] Safety Concerns

[5] Blank Calendar

[6] Sample Parenting Time Schedules

[7] Parenting Time Worksheets for Parents

[8] Parenting Time Assistance

These sections are a tremendous resource for parents who really want to get down to the details of parenting time and don’t have time to plan or to be creative with their parenting time schedules. There’s a lot of useful tips for the everyday hassles confronted by parents while they’re making the most of their parenting time.

You can download a copy of the March 2022 edition of the  Michigan Parenting Time Guideline in portable digital format here.

 

You Want It Hassle Free: Follow The Rules

A parenting time schedule can be established or modified by parents working collaboratively. Using the Guideline can assist parents in identifying situations where they concur and in resolving disagreements when they disagree.

To establish or modify their parenting time schedule, parents may also use alternative dispute resolution (ADR) procedures or submit an application to the court directly. ADR is a procedure used to attempt and resolve conflicts without having to go before a judge for a ruling.

Before the court or a Friend of the Court can put a parenting time order into effect, the judge must sign it.

A few weeks back, we posted our article “How Does A Co-Parenting Calendar Work For Parents Without Sole Custody In Michigan?” in our Legal Blog here.

In that article, we mentioned the first step to co-parenting is to manage parenting time. Parents who have no safety issues or concerns can use the recommendations in The Guideline for preparing their parenting schedule.

Here are some things to consider when doing your schedule:

[1] Contact with each parent at least once every couple of days, while also giving the parents “breaks”.

[2] Predictability and consistency.

[3] The child’s developmental needs are taken into account. With infants on a breastfeeding schedule, for instance, shorter, more frequent blocks of parental time may be most effective. The exchange of breast milk can be arranged by the parents.

[4] Nighttime parenting time with both parents when both parents previously took care of the child’s daily needs, either jointly or separately.

[5] Consider a “graduated schedule,” with minimal parenting time initially and increasing the frequency and duration of parenting time when parenting milestones are completed, when a parent has not regularly cared for the child or is not comfortable caring for the child.

[6] Parenting time should be scheduled as regularly as possible when parents live far away. For parenting time, parents might have to travel.

[7] The chance for both parents to attend events with the child, like birthdays, religious celebrations, and doctor’s appointments.

[8] An extended parenting time plan that could involve longer durations, including many consecutive overnights, as the child ages.

If you as parents are constantly talking to make parenting time work, it should be easy to come into an agreement in terms of your parenting schedule. You may not always agree but if you put the best interests of the child first, it should be easy to come to an understanding. In case of disagreement, the guideline provides suggestions as to how to resolve it.

ADR services are offered by Friend of the Court (FOC) offices to assist parents in resolving custody, parenting time, and child support disputes. Judges frequently request divorcing parents to meet with a mediator or another ADR practitioner to settle their differences. Parents can also use the Community Dispute Resolution Program or choose a private mediator to get ADR services.

The best approach to a hassle-free parenting time is to follow the parenting time order. If parents can’t agree, an investigation can be launched to find out more about what’s really happening in the parenting time.

A judge has the authority to direct the FOC to perform a custody and/or parenting time investigation also known as an evaluation and to compile a recommendation in the child’s best interests.

When the office receives a legitimate written complaint, the FOC is required to carry out court-ordered parenting time and custody arrangements in FOC matters. The enforcement of parental time may be used by these offices as a response.

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How To Avoid Losing Your Assets In A Divorce In Michigan?

Couples should be aware that neither spouse is the sole owner of the marital assets. When you divide your assets as part of a divorce, you receive half of the value of each asset and your spouse receives the other half. Now, how to prevent having your assets divided during a divorce. All marital assets are jointly owned by you and your spouse in Michigan. You want to make sure you safeguard the portion that is intended to be yours. Therefore, while discussing any item throughout a marriage, only 50% of the asset’s value is actually being discussed.

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If you owned a home prior to marriage and added your spouse’s name to the title of the home alongside your own during the marriage, you have just compromised your ownership of the home. In order to protect your right to half of the marital asset, you must ensure that the asset’s ownership or title remains with you. Now two people own your home. You recently donated your portion of the house to the union. Don’t compromise your ownership of the asset if you want to prevent losing it in a divorce.

 

Separate vs Marital Assets

Marital property is any asset that was obtained during the marriage, whether it be tangible or intangible. The house the couple purchased immediately after their wedding, the income the wife received while working as a hotel cashier during the marriage, and the husband’s pension plan are a few examples of what is commonly regarded as marital property under Michigan law.

Conversely, property bought prior to marriage, gifts received during the marriage, or an inheritance acquired while married are sometimes regarded as the separate property of the spouse who made the respective acquisition, gift, or inheritance.

In most cases, an inheritance received by one spouse during a marriage is regarded as separate property. If one spouse is awarded compensation for pain and suffering in a personal injury case while the couple is still married, the compensation is typically regarded as separate property.

Depending on how the parties handle it, property that is initially separate may not stay that way. Property may still be given to the other spouse in a divorce even if it is thought of as separate due to certain circumstances.

 

Separate vs Commingled Assets

It’s crucial to remember that, in the perspective of the law, separate property may occasionally intrude upon or turn into marital property throughout a marriage.  Example if the separate property was commingled with marital property or if the separate property was used for the benefit of the family.

If the spouse receiving the property “contributed to the acquisition, improvement, or accumulation of the property,” the receiving spouse may be entitled to a portion of the other’s separate property. 

This exception might take the form of a vacation cottage inherited by one spouse that the other spouse helped renovate, greatly increasing its value. It could also take the form of one spouse taking on household duties and child care so the other spouse can focus all of their energy on growing a business that was acquired before the marriage.

Here’s a few more cases of commingling:

The couple learns that their new marital home requires a lot of maintenance after purchasing it. The couple depends on the money from one spouse’s savings account, which she opened before the marriage, to make a lot of renovations. The modifications later result in the house’s value increasing.

One of the spouses has a savings account that she opened prior to the union. She wants to buy a house with her husband when they get married. She uses funds from her separate savings account to cover the down payment on the marital house.

In order to invest in a small business that she and her spouse intend to start together, one of the wife sells stocks that she acquired before to the union.

A separate property can also inadvertently be commingled hence becoming marital property. In Wolcott v. Wolcott, unpublished judgment, COA Number 351918, just before the couple’s marriage, the wife received a gift of 10% of a family-owned firm. She worked for the company as well. 

The couple kept separate bank accounts throughout the marriage, and the wife received payments from the corporation connected to her stock ownership that were put into a bank account that was entirely in her name. The trial court decided that the stock and the bank account belonged to the wife separately when the couple were divorced 16 years later.

However, on March 11, 2021, the Michigan Court of Appeals decided that the stock and bank account had been commingled and were marital assets due to two facts: 

[1] The wife’s employment income, which is typically a marital asset, was deposited into the same account as her stock distributions; and 

[2] The wife used distributions from the corporate stock, in addition to her other income, to pay marital expenses and household bills throughout the marriage.

 

Protecting Your Personal and Separate Assets

You may benefit from signing a prenuptial agreement before getting married if you are aware that you currently own or will inherit significant assets that you want to protect from divorce. 

Prenuptial agreements give parties the chance to specify what will happen to their assets in the case of their passing or divorce, allocating distinct possessions to each spouse. They also specify rules for managing the household’s affairs. Prenuptial agreements’ capacity to shield assets upon divorce is no longer as unquestionably true as it once was due to recent changes in the way Michigan courts read them.

You must treat your separate property differently from the rest of your family’s finances and possessions in order to maintain their distinction. This could require:

[a] Keeping an inherited fund in a separate bank account.

[a] Keeping your residence and vehicle in your name only.

[c] Refraining from making repairs or upgrades to inherited property with marital funds.

[d] Refusing your spouse’s assistance in running the family business or maintaining inherited property.

[e] Maintain accurate property records to establish your personal asset is a separate piece of property.

[f] Refrain from adding your spouse’s name to the certificate of title of your separate property.

[g] Ensure the payment of taxes of real estate properties and earnings from these properties are drawn from sources under your name or are coming from sources attributed to your personal account or from checking accounts with your name. If possible get the cash from earnings of gifted or inherited property to pay for the income taxes for earnings from these separate properties.

The Wolcott decision shows that an asset must be maintained totally distinct to support a party’s claim of separate ownership of an asset, even though it was unpublished and is therefore not a binding precedent. 

In that specific case, the Court of Appeals most likely would have determined that the stock and the bank account into which stock distributions were deposited were the wife’s separate assets if the wife had maintained a second, separate account into which she had deposited her paychecks and from which she had paid the marital expenses and household bills.

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How Do I Co-Parent With A Toxic Ex In Michigan?

You will encounter all types of people throughout your life. You’re going to get married. There will be relationships you establish. Some will be toxic. You might even decide to divorce a toxic individual and co-parent with them. With a toxic ex, how do I co-parent? Here, toxic refers to poison. The relationship you have with your children could become poisoned. You may be poisoning the children’s perception of the other parent.

Click here to watch the video on How Do I Co-Parent With A Toxic Ex In Michigan?

A decent person works with you to develop and maintain connections with your family, friends, and other important people in your life. The purpose of the interaction and dynamics is to foster a favorable atmosphere for everyone involved. Children can be perceptive too just like adults. Your children will eventually distinguish between toxic and non-toxic people. Both you and your children will endure the consequences.

 

The Wonders of Co-parenting

Co-parenting is when both parents actively participate in and work together on the raising of their children. The majority of divorce judgements and custody orders ask for some amount of co-parenting, with the exception of extreme circumstances, such as domestic violence.

Involvement in parenting time exchanges and child-related activities, as well as communication regarding doctor’s visits, parent-teacher conferences, and other child-related matters, are all examples of co-parenting. In terms of mechanics, this is having joint responsibility for making decisions for your children’s wellbeing, development, and connections with both parents.

The State Court Administrative Office of Michigan published the most updated edition of the Michigan Parenting Time Guideline last March 2022. It is a very useful resource for divorced parents in managing their co-parenting roles. What it does not publish in that guideline is the benefits of co-parenting.

After data from 4 decades of study on shared parenting, here’s what we found out.

[a] Parental ties are strengthened by co-parenting.

[b] After a year, 90% of parents agree that having joint custody had a significant good effect on both themselves and their kids.

[c] Children who have joint custody are 80% less likely to experience parental abandonment in the future.

[d] When both parents split parenting time, a child’s chances of being emotionally, physically, academically, and relationally successful are doubled.

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

[f] Co-parenting strengthens the love of both the mother and the father equally.

[g] Children between the ages of 0 and 4 showed notable advantages when each parent received at least 35% of the visitation time.

There’s very credible empirical data supporting the great things about co-parenting. This strongly supports the position of the state and the family courts about protecting the best interests of the child. It works and there’s data to support it.

We can celebrate and embrace all the above benefits of parenting but what happens if we end up with a toxic ex whose existence seems designed to ruin everything about co-parenting.

Yes, toxic ex. Your toxic ex.

The Toxic Ex That Ruins Co-Parenting

The toxic ex disregards the limitations of your recently ended marital relationship. They have a hard time moving on from ex-spouses and will cling to them for dear life, making it impossible for you to co-parent with them and start a new life. Remember that your new life still has your children in it. And so is your ex.

You’re co-parenting. Even if you do move on, your ex is going to be around on a more or less regular basis. Imagine meeting your toxic ex on a regular basis.

We posted an article way back about “How To Deal With A Vindictive Spouse During Divorce In Michigan in our Legal Blog here. In that article we wrote about all of those actions indicative of a vengeful spouse. And we enumerated all those manifested behavior such as:

[a] Refusing to adhere to court orders

[b] Lying or hiding assets

[c] Using the kids as a bargaining chip in the divorce

[d] Misrepresenting one’s ability to pay support expenses

[e] Avoiding joint parenting of children

[f] Causing the divorce to proceed with excessive lag

[g] Using coercive or intimidating methods during a divorce

[h] False domestic violence accusations

[i] Fabricated claims of child abuse

[j] Adopting irrational attitudes on simple issues

After the original divorce procedure, all of that same behavior mentioned above will now hound you when you’re dealing with a toxic ex. And, some of these behaviors you probably witnessed already, especially that you were once married to one.

Here’s some of the more common ones you should expect from a toxic ex spouse:

[1] They will use the court processes and systems to be around you longer.

Because they know you’ll bring them back to court, they will disobey court orders. This is a mix of passive-aggressive communication with an ex-spouse. Your toxic ex believes he or she has the right to penalize you and maintain contact with you through the legal system. This is one excellent reason to ensure that your settlement agreement is solid before filing for divorce.

[2] They will have no problem using your children against you.

By criticizing you and your actions in front of the children, they can attempt to turn your children against you. Alternatively, they may even abandon their own kids as a form of retaliation against you for whatever they believe you have done wrong. Similar to a vindictive spouse, a toxic ex feels wounded and can be dangerous. In an effort to dominate you or punish you in some way, they are willing to harm their own children.

[3] They sow the seed of doubt in your family and your social circle.

You’ll hear remarks that portray you as a failure because you can’t keep the marriage together. They will say and do anything it takes to defeat the objectives you set for yourself. Some of these toxic parents will even go so far as to prophesy their children’s aspirations would fail. Any comments from someone with such a manipulative and vindictive mindset should be disregarded.

[4] They see you and blame you for their unhappiness.

No matter what is making them sad, you will be held responsible. Your toxic ex will blame you if they mistreat your kids and make them resentful. You’ll take the fall if they get fired, the heater breaks, or just can’t seem to get anything right. You may go for weeks or even months without speaking to or seeing them, but you can be sure that if something goes wrong, you will be made responsible.

[5] You will be their excuse for their own bad behavior.

You can be sure if they decide to neglect your children’s needs, it will be due to something you said or did. They have to make it seem as though they had no choice in order to be able to live with their own poor decisions so as to lessen the guilt. They actually believe all of their poor decisions are the result of some wrong you have done.

[6] They will have no respect for your privacy.

Your life’s experiences will be examined with your children. Children are an easy way for the toxic ex-wife or ex-husband to learn details about you and your life. There is a distinction between cordial communication and an effort to exert control, which is what the toxic ex wants to do. They still believe they have a right to know what you are doing and who you are doing it with even though you are divorced.

[7] They will insert themselves into your new relationship and ruin it.

Your toxic ex will use all measures necessary to ruin any future relationships you may have. Because few people want to be in a relationship with someone who has a crazy ex interfering in the relationship, this makes it challenging to start new romantic relationships. This is one person who won’t be able to accept you are moving on.

[8] They exhibit similar behavior to people with narcissistic personality disorder.

Numerous aspects of life, including relationships, job, school, and money matters, are hampered by a narcissistic personality disorder. When they don’t receive the particular treatment or adoration they feel they deserve, people with narcissistic personality disorder may feel generally sad and disappointed. They might not appreciate the people around them, and they might not find their interactions to be rewarding.

 

You Can’t Co-parent With A Toxic Ex, Do This

There are recommended guidelines you can adopt from the Michigan Parenting Time Guideline. There are certain frameworks and templates you can use to create structure and enable you to communicate clearly parenting time plans and schedules.

Unlike a vindictive spouse whose behavior is driven by your behavior and the perceived pain you cause, a toxic ex is probably driven by a mental disorder or a deep seated unresolved emotional issue with absolutely nothing to do with you. So you probably won’t be able to change your toxic ex’s behavior with a talk.

Try to do this.

Come up with a plan.

Work on a good parenting schedule and make sure you embody this parenting schedule in a parenting time order. Make sure your parenting schedule has no gray area. A gray area invites opportunities for a toxic ex to start interference to your plan or parenting schedule. You need to have a parenting time order leaving no room for interpretation. Ask your attorney for assistance on how to make this possible.

Adapt a system for communicating allowing documentation of interaction.

There are already useful technologies online allowing communication, scheduling, and sharing of information without any direct interaction with your toxic ex. Learn these technologies and use them to your advantage. These technologies allow you to document your messages and activities. These can be useful in court when you need to ask for modifications in custody and parenting time. This will allow you to set boundaries.

Anticipate what your toxic ex will do.

You know once the parenting time order is issued, your toxic ex will find a way to circumvent or break it. Take note of how your ex is circumventing the parenting time order or the custody arrangements. Do not engage your ex. This is what your ex is trying to achieve, a continuous engagement with you in any form. When you are tempted to engage, think about your children and what they will witness. You have to institute a healthy boundary in your behavior. Talk to your attorney and provide your attorney your notes so there is basis for any motion you will be filing in the future.

Take care of yourself, your physical and mental health.

Any divorced parent will tell you that it’s difficult to deal with your ex on a regular basis, and having time alone without your children is a challenging transition. Take full advantage of the time you have to yourself now. The options are endless: rekindle old interests, read a good book, or spend money on your schooling. Whatever you decide to pursue, you should put all of your attention on what makes you happy. Seek therapy if you have too. Build and lean on your own personal support group.

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