What to Expect When Filing an Appeal for Divorce in Michigan

How Can I Appeal My Divorce In Michigan?

Click here to watch this on YouTube.
Learn more about how to modify a divorce judgment in Michigan.

When emotions are running high, it may be challenging for parties to reach a mutually acceptable agreement. Although Michigan is a no-fault divorce state, the court has the last say, which may be unacceptable to one or both parties.

All parties must comply when a court rules on a divorce matter and issues a final decision. If you are dissatisfied with the decision, you do have legal recourse. You may attempt to appeal the divorce verdict to a higher court for reconsideration.

Filing a Divorce Appeal in Michigan

In Michigan family law, there are two forms of appeals: appeal by right and appeal by leave. An appeal by right only applies to final orders, including most divorce judgments and subsequent court rulings. On the other hand, filing an appeal by leave requires the higher court’s permission. This impacts orders for child custody and legal expenses. These include decisions awarding or refusing a change of parenting time, child or spousal support, or other court orders issued after a verdict has been made.

Common grounds for an appeal include:

  • Failure to make a sufficient factual determination.
  • Failure to draw proper legal conclusions.
  • Child support does not fall within the normal range of what is granted.
  • Spousal support does not fall within the normal range of what is granted.
  • The decision was decided based on legal conclusions rather than a thorough examination of the laws or evidence.

From the time an appeal by right on assets, spousal support, or financial matters is filed until the time the Court of Appeals gives a final decision, the process typically takes between one and two years. However, timelines can vary based on the specifics of each case. A custody appeal by right can be handled significantly more quickly than other family law appeals. The majority of child custody appeals can typically be resolved within one year. 

What Can You Expect During the Appeals Process?

When you appeal the divorce judgment, you won’t be able to relitigate the case, present evidence, or call witnesses. The appellate court will conduct a review, examining any evidence presented during the divorce to decide whether the judge made a legal error in issuing the initial judgment.

Several measures must be completed during the appeals process. This could include:

  • Determining the matters to be appealed
  • Notifying the Appellate Division
  • Collecting trial court records and evidence for submission to the appellate court
  • Getting the trial transcript
  • Conducting legal research to bolster the appeal’s argument
  • Preparing and drafting a brief detailing the case’s facts and applicable law
  • Making oral arguments to the appellate court judges

Depending on the circumstances, this process could take anywhere from a few months to over a year. If more proceedings are required, the decision may be delayed. The appeal will be rejected if the appellate court finds no error in the lower court’s finding.

A Michigan Divorce Attorney Can Help You With Your Appeal

In Michigan, appealing a divorce ruling can be costly and time-consuming, especially if your case involves a complicated and drawn-out legal battle that leads in pages and pages of transcripts that the appellate court must analyze before making a decision.

If you want to file an appeal after your divorce, call Goldman and Associates Law Firm now at (248) 590-6600 or book a free consultation online to explore your options.

What to Do If You Owe Thousands in Child Support to the State of Michigan

The court and the law take a great interest in child support and spousal support. It takes an even greater interest in the non-payment of support. The court sees non-payment as a crime. If you have not been on schedule regarding your child and spousal support payments, you can expect a knock on the door. What to do if you owe thousands in child support.

Click here to watch the video on What to Do If You Owe Thousands in Child Support to the State of Michigan

You need a serious conversation with your attorney. Get ahead of this before it becomes a large arrearage in child support. You may try to use the excuse of losing your job but you still need to file the proper motions in court to get that message across to the court. If you want child support adjusted, you need to file a motion. You need to work on a payment plan. The court is more receptive to your request if you do it voluntarily rather than forcing the court to take action against you.

 

How Is Your Child Support Payment Calculated?

Understanding how the Michigan court system determines child support payments in the first place is helpful when considering raising or lowering child support payments. In most circumstances, Michigan adopts a mathematical formula that accounts for the parent’s income and the number of overnights that young children spend with each parent.

The rules for figuring out how to compute the parents’ income vary depending on the county. The majority of the time, pay stubs or the most recent year’s tax returns used to file income tax returns are used to calculate the reported Medicare wages. The income report may need to be adjusted after the baseline income has been established.

It is possible to exclude or deduct some payments from a parent’s income, such as when one parent covers the cost of the child’s or children’s health insurance. A few payments are allowable as deductions, although they are few in number compared to the number of other sources of income that can be taken into account. Any verifiable income source may be used to make additions. The sale of a home or shares, as well as 1099 payments, are examples of capital gains that fall under this category.

Overnight calculations are a tiny bit easier. Any overnight that does not conflict with the custody arrangement qualifies as one. So, let’s assume the other parent of your child asks you to watch them for a week so they can take a vacation. Those nights would be added to your overall count.

You can decide if it is possible and wise to try to adjust your child support payments by understanding these figures.

 

Who Enforces Child Support Collection? How Is It Done?

Enforcing child support orders is the responsibility of the Friend of the Court or FOC. If a parent refuses to follow the conditions of the order, there are numerous enforcement options available.

 

Income Withholding

Both current and past-due support can be collected via an income withholding order (arrearages). Unless both parents and the court agree on another mode of payment, all new and modified child support orders must include income withholding.

Child support and medical support are taken out of the non-custodial parent’s paycheck under income withholding. The Michigan State Disbursement Unit receives support payments directly from the employer (MiSDU). Employers are required by federal and state law to comply with income withholding orders.

Income withholding also applies to a parent’s income from additional sources, such as insurance claims, Social Security payments, independent contractor income, unemployment benefits, and workers’ compensation claims.

 

Show Cause/Bench Warrant

A person who has not paid child support or medical support may be required to come before the court and defend themselves against being found in contempt. It’s referred to as a show cause hearing.

The court may order a number of enforcement actions, including the issuance of a bench warrant for the arrest of the individual who failed to attend the show cause hearing, if the person instructed to appear at the hearing does not do so.

 

Lien/Levy

For the purpose of collecting child support, the Friend of the Court or the Office of Child Support may file a lien or levy against real or personal property, money, or insurance claims.

 

Tax Refund Offset

Both federal and state tax refunds may be withheld from the recipient in order to pay support if the amount of past-due support (arrearages) reaches a predetermined amount (threshold).

For state tax refund offset, $150 of unpaid taxes must be past due. For cases receiving cash aid, the federal past-due level is $150; for instances receiving non-cash help, it is $500.

The person who is responsible for paying support is given notice of both state and federal tax refund offsets, along with information on how to oppose and why. A spouse may want to keep their share of the refund while filing a joint tax return.

 

License Suspension

If a parent is more than two months behind in payments, their driver’s license, recreational or sporting license (for hunting, fishing, etc.), and professional licenses may be rejected, suspended, or revoked.

 

Credit Reporting

A consumer credit reporting agency is automatically notified if a parent is more than two months overdue on payments.

 

Passport Denial

When a parent owes $2,500 or more in back child support, their passport may be canceled or rejected.

 

National Medical Support Notice

When employer-provided insurance is involved, the National Medical Support Notice is used to enforce medical support. If cash payments are necessary, any of the other enforcement techniques specified are used.

 

Pension Account(s)

A support order directed against a private pension account is known as a Qualified Domestic Relations Order (QDRO). A support order against a state or federal pension plan is known as an Eligible Domestic Relations Order (EDRO). It is possible to issue a QDRO or EDRO for both current and past-due support (arrearages).

 

Surcharge

A judge has the authority to order the addition of a surcharge to an unpaid case. If a surcharge is mandated, it will be added to the case on the first of January and the first of July of each year and be included in the overall amount of support due.

The fee is a variable rate plus 1% based on five-year US Treasury Notes.

 

Criminal/Felony Charges

The county prosecutor may take up the matter after being referred by the Friend of the Court or FOC and charge the person who is owing support with felony non-support. For felony non-support prosecution in some counties, the Attorney General may be referred to the case. Felony non-support charges are typically brought after unsuccessful attempts at other child support collection strategies. A criminal non-support prosecution request from custodial parents may also be made to the county prosecutor or attorney general.

 

What Are the Consequences of Not Paying Child Support?

If you’re a parent in Michigan who must pay child support, you may find it difficult to do so. If you’ve lost your job, don’t agree with the terms of your custody and visitation agreement, or are having problems with your ex-spouse, you might feel tempted to stop paying. In fact, you could think that holding off is acceptable.

“Arrears” refers to past due child support payments that you may owe to a person, the government, or both. It is typically the other parent or legal guardian of your child to whom you owe money. If your child receives public benefits or received them while you were required to pay child support, you may be responsible for paying your debt to the State of Michigan.

Even if your child is older than 18, you can still be in debt. You can potentially be paying support now but still owe back payments. Even if your current support payments are current, having unpaid back child support can cause you issues.

Whatever your reasons, it’s risky to ignore child support obligations in Michigan, both financially and legally. The Michigan Department of Health & Human Services, or DHHS, says the effects are unpleasant.

Here are some consequences of evading the payment of child support in the state of Michigan.

[ 1 ]  Income withholding. Child support and medical support payments, both current and past due, are withheld from your paycheck and forwarded to the Michigan State

[ 2 ]  Disbursement Unit.  There are more sources of income that must be withheld as well.

[ 3 ]  Show Cause/Bench Warrant. You may be required to appear in court to defend your actions if you don’t pay child support or medical expenses on time.

[ 4 ]  Criminal/Felony Charges. Yes, things may indeed become this terrible. The county prosecutor may be tasked with handling your case. It’s possible to be charged with felony non-support.

[ 5 ]  Lien/levy. Your real estate, personal property, insurance claims, and other financial assets may be the subject of a lien or levy.

[ 6 ]  Pension account(s). Both state and federal pension schemes, as well as private pension plans, are subject to support orders.

[ 7 ]  Tax refund offset.  Federal and state tax refunds may be withheld to pay for past-due support after it exceeds a certain amount.

[ 8 ]  Surcharge. A judge may order that a semi-annual interest surcharge be added to the amount you currently owe if your child support payments are in arrears.

[ 9 ]  License suspension. Several types of licenses, including driver’s, hunting and fishing, and professional licenses, may be rejected, suspended, or canceled after a two-month payment delay.

[ 10 ]  Credit reporting. When you apply for a loan, your credit score may be negatively impacted if you fall more than two months behind on your payments, which is reported to a consumer credit reporting agency.

[ 11 ]  Passport denial. Just $2,500 in unpaid support might result in your passport being denied or canceled.

You can see that failing to pay child support can have an impact on practically every part of your life. Your ability to lawfully drive, travel abroad or even go fishing may be impacted in addition to the financial repercussions.

 

What to Do If You Owe the State of Michigan Child Support?

If you find yourself unable to pay your past due child support or arrears, you may petition the court for an Arrears Payment Plan. Michigan state law allows you this option but you still need to show evidence you truly cannot afford to pay the child support arrearage to the state.

There are two ways you can owe a child support arrearage: 

First, to the individual, who could be your child or your spouse.

Two, to the state more specifically the state of Michigan.

An Arrears Payment Plan must be requested in court through a petition. The amount of the arrearage that is removed after the Arrears Payment Plan is finished is decided by the court if it is granted. The person to whom your arrearage is owed must consent to the plan if it is owed to them personally.

You can fill out a Request to Discharge State-Owed Debt and submit it to the FOC office in the county where your child support order is issued if you only owe arrears to the state and not to anybody else. 

If you believe you have strong grounds for the FOC to erase your obligation or if you can demonstrate that paying the debt would be extremely difficult for you, you should give it some thought. You must submit one completed form to each FOC office where you are requesting a discharge of state-owing debt if you are in arrears on court orders in more than one county. When deciding whether to forgive any of the debt, the FOC will take your request into account.

You can submit an application to the circuit court asking the judge for a payment plan and to discharge arrears if you owe money to the state, a specific person, or both. In order to request a payment plan and debt discharge in multiple family court cases where you have arrears, you must file a motion in each of those cases.

By submitting this motion, you are requesting that the court permit you to make monthly payments of a specific amount toward the arrears, and upon successful completion of the plan, to dismiss or forgive the remaining arrears.

Before the judge will approve the payment plan, you must adhere to a number of requirements. Whether you owe money to the state, a specific person, or both will affect the standard to be applied.

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

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

What Are Your Rights Against CPS in Michigan

 

Child Protective Services or CPS. How do you deal with them? Should I deal with them?

 

Click here to watch the video on What Are Your Rights Against CPS in Michigan

 

People always ask about Child Protective Services or more commonly referred to as CPS. 

 

Do I have to talk to CPS?

Do I have to let them into my home?

Do I have to do all these things?

Do I need to cooperate with them?

A person can always take the position of not letting CPS in when they come knocking. Taking the position of not cooperating.

You are not talking to them.

You’re not producing the child.

You are not cooperating in any way.

You have the right to do that

But you also have the right to do that with the court too. You have the right to do that with the police. You have always refused to cooperate.

The question is what is the sanction or what is the result of your lack of cooperation?

We live in a free society, You have the right to say no if you want to. But don’t think there’s no consequence. There’s always a consequence.

You wanna exercise your freedom of speech for example, and call the judge a jerk.

You have the right to do that. But If you do that, don’t think it wont impact you. Or don’t think the court might not feel that a contempt sentence will be appropriate for you.

You’re saying things out of the realization you have freedom of speech. You do. You have the right to say it. No one will stop you from saying it. However if you say it, there may be a consequence.

Similarly, you can slam your door on CPS. You can say you’re not cooperating, You’re not letting CPS come check if your place is suitable. You have every right to do that.

The problem is, if you do it, what do you think will happen?

They’re going to presume you got something going on there. It renders you unsuitable to have custody of your kid. While you’re going for custody of your kid, they will recommend otherwise. Take that child away from you. They’re going to take action based on your lack of cooperation.

The better approach is to have your house in order. Do what you have to do. Cooperate to the extent that they require.

If they have questions. Answer them.

They want to see the house. Show them your house.

The worst thing you can do is to create a false impression you’re somehow doing something illegal when you’re not even doing that.

 

Here’s the bottom line. If there’s a reason to not cooperate with them, for example they come there every week snooping. The visit is nothing more than just a fishing expedition. At some point in time everybody has a limit. Don’t cooperate with them.

It’s a different case however if they come to visit because of a complaint. There’s a range of complaints people can throw at you.

You don’t have a suitable home.

You don’t have food in your fridge.

Your house is a pigsty.

Your house is a hazard.

If they come there with those complaints, and you don’t let them in. That will be a mistake.

Let them in. Let them see how beautiful your home is.

Show them you got all types of Campbell soup in your pantry. You got that fridge filled with beautiful wholesome food. Let them see that.

They’ll realize you have nothing to hide.  they’re gonna turn to the other person and say “Stop wasting our time. This guy is fine!”

You can work that to your advantage.

But remember one thing, non cooperation especially in the court system, usually does not work to your advantage

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

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

Everything You Need To Know When Charged With Michigan Domestic Violence For A Second Time

What Do I Do If I’m Charged With Domestic Violence For A Second Time in Michigan?

Click here to watch this on YouTube.
Learn more about how long a Michigan domestic violence charge stays on the record.

What do I do if I’m charged with domestic violence for the second time in Michigan?” might be one of the most critical questions we address every day at Goldman and Associates Law Firm. Domestic violence charges in Michigan are technically (but not often) referred to as “domestic assault.”

Domestic abuse has been featured in several films, television shows, and news stories — typically, a furious, alcoholic husband assaults his wife, then the authorities arrive and take him away. The reality of domestic abuse, however, is more complex than what we see on screen. When a person who has previously been “convicted” of domestic violence in Michigan does another act of domestic violence, this is considered a 2nd Offense.

Different Types of Domestic Violence and Its Penalties

In Michigan, domestic violence (also referred to as domestic assault) is divided into two categories: Regular Domestic Assault and Battery and Aggravated Domestic Assault and Battery.

The first offense of Regular Domestic Assault and Battery is a misdemeanor punishable by up to 93 days in prison and a $500 fine. A second violation is also considered a misdemeanor, punishable by up to a year in prison and a $1,000 fine. If you have previously been convicted of domestic assault and battery at least twice, a third offense is a felony punishable by five years imprisonment and a $5,000 fine.

On the other hand, Aggravated Domestic Assault and Battery occurs when the victim is gravely injured. The first offense of aggravated domestic assault is classified as a misdemeanor. This might lead to a maximum sentence of a year in prison, a $1,000 fine, or both. The second offense is a felony punishable by up to two years imprisonment, a $2,500 fine, or both.

A felonious assault is committed when a deadly weapon is used to inflict the injury. A felony assault conviction carries a four-year jail time and a $2,000 fine, or both.

What Should You Do If Charged With Domestic Violence in Michigan for the Second Time?

You should consult a lawyer immediately if you have been charged with domestic violence or have been accused of domestic violence in an application for a personal protection order. Domestic violence offenses and breaches of the provisions of a personal protection order can result in prison sentences and fines. An expert attorney will give essential advice while protecting your rights and liberty.

People facing these damaging claims should seek the advice of an expert, assertive, and intellectual criminal defense attorney with a track record of effectively fighting these allegations. People who are guilty may require the help of a qualified attorney to negotiate an outcome other than a conviction and/or long-term imprisonment. Whether guilty or innocent, persons facing a domestic violence charge require the services of a committed, skilled, and aggressive criminal defense attorney.

Contact a Michigan Domestic Violence Attorney Immediately

If you’ve been charged with domestic violence in Michigan, don’t waste time and contact Goldman and Associates right now. We’ll help reduce the stress, devise a strategy to manage your case, and fight hard to preserve your reputation and safeguard your freedom. Make an appointment online or call (248) 590-6600.

How to Handle a Difficult Spouse During a Divorce in Michigan

Many times people want to know what’s the best way to deal with a difficult spouse mainly if there is an impending divorce. People will have to deal with each other one way or another. Eventually, you will have to deal with the question, of how to handle a difficult spouse during a divorce. In Michigan, if you have children, the court will get involved. Your respective attorneys will get involved. Divorce isn’t going to end the marriage, it merely divides it into a new dimension.

Couples may decide they can’t get along and expect there’s going to be a reckoning. There’s going to be a date and time when these two people who don’t like each other anymore, will probably find themselves in the same room and we’ll probably have to try to work some things out. A confrontation will be inevitable. It can escalate. 

Click here to watch the video on How to Handle a Difficult Spouse During a Divorce in Michigan

Spouses need to de-escalate the situation. One of you will have to get out of the situation because if you don’t  Police will get involved. Children will be in the crossfire. CPS gets involved and what started out as a divorce is going to end in a whole new level of aggravation.

Spouses must embrace the reality that their relationship is going to enter a new dimension. If they have children this will mean shifting from couples with kids to separate individuals in co-parenting. You’re not only going to deal with your spouse during the divorce but also after. We’re talking about dealing with your spouse as long as you live. 

 

What Is a Difficult Spouse?

Conflict will almost always be present during divorce proceedings. There will be difficult-to-get-rid-of feelings like grief, resentment, and fury. However, it might be challenging to know what to do next if your spouse is particularly tough and refuses to cooperate with your best efforts to go forward.

Common behavioral manifestations of a difficult spouse:

[ a ]  Deleting the name of a spouse from financial accounts

[ b ]  Using up credit cards by making pointless purchases

[ c ]  Accusing someone of domestic or child abuse without evidence

[ d ]  Refusing to adhere to court orders

[ e ]  Lying or hiding assets

[ f ]  Using the children as a bargaining chip in the divorce

[ g ] Making false claims about one’s capacity to cover support costs

[ h ] Refraining from co-parenting children

[ i ]  Using coercive or intimidating tactics while going through a divorce

[ j ]  Adopting irrational attitudes on simple issues

[ k ]  Working to sever the kids’ relationship with the other parent through fabrications and misrepresentations.

[ l ]  Refusing to talk to your spouse about trivial matters

[ m ]  Making pointless discovery queries with the goal of costing a spouse more money to represent them

[ n ]  Refusing to negotiate or compromise 

[ o ] Playing psychological or mind games with you

There are going to be different variations or sub-species of what we generally refer to a “difficult spouse” and let’s talk about them briefly.

 

The Compulsive Liar

Even under the finest circumstances, going through the divorce process may be stressful. When one spouse is a pathological liar who would say anything to get what they want out of a divorce, the procedure quickly turns intolerable, very emotional, and possibly harmful to one’s reputation and health.

Getting a larger share of community property, avoiding or lowering alimony and child support payments, securing child custody, or simply exacting retribution for perceived wrongs are just a few of the reasons why spouses will lie.

In a contentious divorce, it is fairly uncommon for one spouse to flood the other with documents that make what seem to be serious accusations, such as claims of severe alcohol and drug usage, physical abuse, child neglect, and desertion. The spouse who is being accused typically responds by labeling the allegations as untrue.

 

The Narcissist

People frequently use the term “narcissist” without fully comprehending what it means. According to the Mayo Clinic, a narcissistic personality disorder is a mental illness in which a person hides low self-esteem that can easily shatter in the face of criticism. Narcissists are lacking compassion and empathy for others. They are constantly demanding attention. They are in a constant cycle of needing others’ everlasting admiration and approval. They require constant affirmation and affectional proof. They tend to nurture this feeling that they are much more significant than they actually are.

Naturally, these characteristics result in rocky marriages, separations, and divorces. Along with sexual relationships, narcissists also struggle in their professional and social interactions. When they do not get the special treatment they believe they deserve, these people are frequently dreadfully sad. When they are unhappy, they strive to “punish” individuals close to them, especially those who they believe have treated them unfairly.

 

The Vindictive or Spiteful Spouse

A divorce agreement with a former spouse is rarely simple. It may be considerably more challenging when there is a high level of conflict present. Property division, spousal support, and child custody are all very sensitive topics that occasionally bring out the worst in individuals. People may adopt a win-or-lose attitude in high-conflict circumstances and lash out when they don’t get their way. A vindictive or spiteful spouse is a product of pain and despair. The inability to embrace the developing situation and fight its progression.

Often, vindictive people are only concerned with the immediate situation and how they feel about it and are unable to see the bigger picture. Because of this, bargaining with them is very challenging, if not impossible.

 

The Malicious Parent

The malevolent mother syndrome is the most common name for it. In Michigan, this description might not be correct. Despite the term “malicious mother syndrome” being more frequently used, both mothers and fathers are capable of such behaviors.

The harsh and oftentimes violent techniques one parent may use to chastise the other parent are referred to as “malicious parent syndrome.” Without realizing it, one parent starts by criticizing the other, which is detrimental to the children. In an effort to harm the reputation of the other parent, a divorced or divorcing parent may frequently go to extreme measures, harming or denying their children.

Ira Turkat, a psychologist, coined the phrase “malicious parent syndrome” to explain a pattern of deviant conduct during a divorce. This syndrome, which was once known as “malicious mother syndrome” is now more frequently known as “malicious parent syndrome.”

It’s important to stress that malicious parent or malicious mother syndrome is no longer considered a mental illness by the medical profession. Instead, the condition describes a type of behavior that has appeared in some court battles, leading its proponents to call for additional research and examination.

It is now known that either the mother or the father could exhibit malevolent parent syndrome symptoms.

 

How to Handle a Difficult Spouse During the Divorce Process?

Despite the fact that you might want a divorce, your spouse might have other ideas. In Michigan, your husband cannot stop you from filing for divorce, it is a reality. Your partner might not be able to handle this situation. Therefore, your spouse will choose the alternative. Make it challenging for you to get a divorce in Michigan. 

When dealing with a challenging spouse during a divorce, you might want to remember some rules of engagement.

 

For the Compulsive Liar

It is not a winning tactic to just accuse the other spouse of lying. A combination of measures can be taken to effectively counter compulsive lying by a spouse and expose the liar for who he or she really is.

Get a good attorney.

You will be surprised how lying can be so technical legally. It’s important to have an attorney with you when dealing with a compulsive liar. Having an accomplished family law attorney on your side is crucial. The attorney has probably dealt with dishonest spouses in divorce cases. He or she will help you keep your attention. You’ll probably want to address every tiny lie in-depth. An attorney will be able to objectively rank the concerns that need to be addressed and will be familiar with the best ways to formulate a response.

Work closely with your attorney.

To assist your attorney in getting ready for battle, direct the rage and fury you’re feeling in a constructive direction. Duplicate the divorce documents. Examine each one, making notes in the margins and on the backside of each page. If the claimed facts are untrue, explain why. Make a notation if the accusation is unsupported by evidence. Describe the genuine truth and the supporting proof that you could offer.

Collect and organize evidence.

Documentation and concrete evidence are the best weapons against a liar. Get together all the financial records you can, such as tax returns, pay stubs, bills, investment account statements, property assessments, and business records. By giving written evidence, you may swiftly disprove any attempts by your spouse to downplay their income or neglect to mention their assets.

Examine previous affidavits or depositions for remarks that conflict with your spouse’s current stance if this has been a protracted process or a post-divorce lawsuit. Liars frequently include a lot of extraneous details in their remarks. For liars, maintaining consistency in their lies over time is frequently challenging. Without directly branding someone a liar, pointing out discrepancies to a judge might successfully cast doubt on their veracity.

Patience is a virtue in a divorce case.

This is frequently easier said than done, particularly if the other person brazenly lies. Recognize that it will take time. Concentrate your efforts on locating evidence that will expose the lies or prove your case. Seek out your friends and relatives for support.

It can be demanding to deal with a habitual liar. As long as they believe they can get away with it, dishonest spouses will continue to lie. You may refute the lies, increase your credibility, and support a judge’s rulings in your favor by working closely with a competent divorce attorney.

Start a journal.

Once you are aware that you are getting a divorce, begin maintaining a daily journal to record your conversations with your spouse. Describe your relationships with your children and how they behave around you and your spouse. The divorce procedure may take months to complete. Keeping a journal can be a very helpful tool for jogging your recollection of specific event dates and times.

Speak the truth.

You shouldn’t endanger your credibility before a judge just because your spouse is dishonest. Stick to the facts, avoid making assumptions, and refrain from expressing your viewpoint in any written or spoken submissions to the court. If you are found to be lying, you lose credibility, which makes it more challenging for the judge to grant you relief.

 

For the Narcissist

A narcissist’s fundamental character cannot be altered. A narcissist will attempt to manipulate the circumstance and garner attention by stirring up drama. Your divorce judge won’t micro-manage your ex-spouse’s actions. Although divorce with a narcissist is ugly, you can get through it if you have a strategy.

Establish your personal support.

Throughout this process, you will require emotional support. Your ex will fabricate stories about you and level charges against you on your parenting, financial management, and other behaviors. Your partner frequently attempts to project their own bad behavior onto you by making false allegations.

Make sure that your interactions with this person are not exclusively focused on the divorce or your ex, but you should have a trusted friend or family you can turn to when you need a quiet, supportive “haven.”

Establish your boundaries.

While confronting a narcissist is ineffective, you do not have to be a doormat. When the narcissist is not around, politely correct your ex when he or she makes false claims about you to others. They will already be aware of your personality if they are your real friends and have known you for some time.

Avoid the trap of an argument.

Narcissists will argue over anything and everything. Saying the sky is blue could start a conversation that swiftly devolves into an argument where the narcissist puts you down and demeans you. Recognize that your ex is not interested in what is being discussed. They engage in conflict because it attracts attention and gives them an emotional high. Consider the ways your ex takes advantage of you and lures you into fights. Save your efforts for more significant endeavors since no one ever prevails in a debate with a narcissist.

Understand divorce and the concept of narcissism.

To discover more about narcissistic behavior, locate reliable sources. To describe this personality disorder, there are numerous trustworthy books, articles, and videos available. It’s possible that your ex-spouse conditioned you to blame yourself for the relationship’s issues during the marriage. Realizing that nothing was really your fault can be aided by understanding how and why narcissists behave in this manner.

 

For the Vindictive or Spiteful Spouse

Divorce is terrible enough, but when the ex-spouses can’t seem to let go of their feelings, stress, or even guilt, it becomes even more unpleasant. The tenuous relationship that is left over as a result, turns toxic. There are several things you can do to move on if this happens to you.

Your children must come first.

It’s a child’s responsibility to love both parents. A parent’s responsibility is to delegate work of love to their children. In the event that one parent is at odds with the other, the child is made to suffer. Stress and even long-term psychological issues might result from it, as well as confusing feelings in the child.

With your child, you would always be vigilant. Any act that would harm your child should never be taken. Consider not fighting back when your spouse behaves badly to shield your child from the psychological harm caused by a parent’s conflict. Also, keep in mind that you are teaching your child acceptable behavior through your own acts and non-action.

Avoid the temptation to respond.

Humans often have the inclination to act in kind in response to other people’s behavior. However, it’s not always a good idea. Turning the other cheek is preferable at times. Even if it’s in self-defense, if you respond to your spouse’s poor behavior in kind, you are also doing badly. When someone pushes you and you push back, even in retaliation, you’ve done just as much pushing as the other person.

In refusing to reciprocate harmful actions, there is strength. You may instead see inappropriate behavior as just that—the other person acting in an unacceptable way. The more responsible and wholesome approach to dealing with negative behavior is to refrain from responding to it with similar actions.

Be the adult and take the high ground.

You don’t necessarily have to put up with bad behavior just because you don’t respond to it in kind. Numerous instances of inappropriate behavior by divorcing spouses are seen by the courts virtually every day. When there are instances of improper conduct on both sides, courts may get dissatisfied with both parties. No matter who initiated the inappropriate action, this is true.

Consider it in this manner. If you observe two children fighting in a sandbox and hurling sand at each other, you’re more likely to tell them both to stop than to second-guess who started the conflict. What would you do, on the other hand, if you came across the same two children and one of them was hurling sand at the other while the other was behaving like a grownup and pleading with the other to stop hitting me? If you saw a child acting badly, you would advise them to stop right away or else they would get in trouble.

Courts may view parents who are at odds similarly. This means that the judge who will finally determine your divorce case may really acknowledge and even reward you for not reacting negatively to someone.

Always put things in perspective.

People frequently feel that in order to avoid feeling vulnerable or exploited, they must respond to bad behavior in kind. But if you allow yourself to feel that way, you might only come to feel vulnerable or exploited.

Here’s another way to consider the situation: Your first priority should be to complete the divorce without fighting with your spouse. Do not let your spouse’s inappropriate behavior alter your behavior or your goal.

 

For the Malicious Parent

The deeds of a malicious parent are typically unlawful or criminal in nature. This is true when one parent hits the other or messes with their possessions. Parents who deliberately mistreat a child or children—by denying them food, money, or other necessities, for example—in an effort to hurt the other parent, may be charged with child abuse. A parent who knowingly misrepresents themselves under a sworn oath may potentially face charges of perjury.

There might be further instances of similar patterns of activity leading to civil law violations. For instance, if a parent violates their legally mandated visitation rights, they may be subject to fines, ordered to attend counseling, and have their custody and visitation arrangements changed. One parent may defame the other by fabricating information about the other’s behavior in a way that harms the other parent’s reputation and actually causes physical injury.

There are several methods a parent might protect themselves from this syndrome. If there are existing court orders, for instance, one parent may file an enforcement action against the other parent to compel the other parent to abide by the decision.

Typically, this lawsuit will demand payment for the cost of the attorney and any additional fees incurred as a result of the other parent’s hostile behavior. This ensures that the parent who practiced malignant parenting would suffer the consequences rather than the innocent parent.

Another way to avoid parental alienation brought on by a malicious parent is to involve professionals in the situation as soon as feasible. You might want to collaborate with professionals like psychologists. These psychologists have training in recognizing alienation and dealing with it.

 

How to Handle a Difficult Spouse After the Divorce?

In an ideal world, married couples would be together forever, and in a remarkably ideal world, divorcing and divorced couples would coexist peacefully. Although many divorcing or divorced couples are able to come to an amicable agreement to settle their differences or to work together for the benefit of their children, there are many more couples who are unable to strike a balance and never seem to get along. It does not follow that you should act belligerently or make your life unpleasant just because your ex- or soon-to-be ex-spouse does.

 

Stop reacting, start disengaging.

The parties to a divorce or separation frequently engage in unhealthy games with one another. For instance, one spouse might seize every chance to make the other feel guilty about the divorce or to hold the other person responsible for everything that is wrong in their lives. Another instance is the passive/aggressive game, in which one spouse ignores attempts to communicate while the other refuses to comply. There are numerous such instances, but every game necessitates the presence of two players.

By being disengaged, you can stop playing games. Don’t keep sending emails that go unopened, for instance, if your spouse ignores your email asking for the time you should pick up your children from school. Instead, withdraw by sending them an email with your pick-up time and a statement that if you do not hear from them, you will take it as accepted.

 

Set the boundaries of a post-divorce relationship.

You probably took for granted the intimacy you had when your spouse was still your spouse. Things like walking into the bathroom to retrieve something when they were in the shower or leaving your underpants on the bathroom floor when you first wake up in the morning. Things that most married couples carry out spontaneously.

You are no longer married as a result of your divorce. And despite the living arrangements that you are both required to put up with, you need to set some boundaries if you want to heal and move on in a timely manner. You should consider your ex to be a roommate. Not your “best friend from a college roommate,” but rather the roommate in the dorm you were forced to share for a while.

Although certain situations, such as planning time with children, could call for flexibility. Other situations necessitate clear boundaries, such as mature and fruitful communication, childcare duties, etc. Try to come up with a written agreement so that everyone is aware of their responsibilities and what the other party expects.

 

Reflect on your role in the post-divorce relationship.

People frequently find it challenging to accept responsibility for their own shortcomings. Stop criticizing and blaming your ex and take a critical look in the mirror to see if you are part of the problems in your relationship as a way to begin accepting responsibility for your part. Are you judging your ex-partner too harshly? Are you sounding threatening or degrading in your communication attempts? By being the “victim,” are you giving your ex permission to mistreat you?

A professional or a trained therapist can frequently assist you in finding these answers if you’re having problems determining your role. Understanding your part in the relationship helps you better understand why the other person uses harmful coping techniques and how to minimize conflict by walking away from arguments, restraining yourself from criticizing, not acting defensively, and other strategies.

It’s not a guarantee that your ex will ever appreciate your efforts or adopt better-coping techniques if you learn to get along with them. 

It does, however, imply you will be emotionally healthier, you will set a good example for your children, and, in the worst-case situation, the family court is likely to commend you for making the right decision in handling your ex.

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

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

 

How Long Does A Michigan Domestic Violence Charge Stay On Record?

How Long Does A Domestic Violence Charge Stay On Your Record in Michigan?

Click here to watch this on YouTube.
Learn more about how a prior domestic violence charge impacts a new case in Michigan.

“How long would a domestic violence charge in Michigan remain on record?” is perhaps one of the most often asked questions. Domestic violence charges are sometimes structured in a way that the admission is submitted under a statute that forbids the registration of a record. This option is not always available and it’s not always an option in every situation. Domestic violence convictions can still be expunged even if you have been convicted.

People with criminal records may not be eligible for an expungement in several situations. A five-year statutory waiting period begins when you complete your court-ordered responsibilities. It’s possible to get these offenses wiped from your record if you don’t have any other serious crimes against you. This is the gist of how this method works in general.

Getting a Domestic Violence Charge Off Your Record

Domestic violence first-time offenders in Michigan may be able to have the case dropped and therefore preserve a clean criminal record. However, there are a few conditions that must be fulfilled.

  • The “victim” has to be someone you’ve had an intimate relationship with, such as your husband or ex-spouse, or someone you’ve dated.
  • You must not have a history of an assault-related offense.
  • You have to admit that you did wrong and plead guilty.
  • After the “victim” and the prosecuting attorney go over the program together, the prosecuting attorney must give it their stamp of approval.

Once the conditions have been met, the court may put you on probation instead of taking further action against you.

The court will not record or make public your guilty plea, so there will be no trace of you being charged with the offense. The court will dismiss the allegations against you after you complete your probation. The benefit of accepting a bargain under this scheme is that, once your probation is up, you can truthfully claim to have never been convicted of a crime, because you haven’t.

Removing a Michigan Domestic Violence Charge Through Expungement

Domestic violence expungement removes a conviction from the public record and is only available through non-public sources. However, law enforcement will always maintain a confidential record of the offense. After an expungement, a person’s domestic violence conviction is removed from their public police record. If a company or group does a background check, the offense will not appear on a public police record report.

A person’s criminal record is extremely beneficial in many aspects of their life, including employment applications, college applications, credit scores, etc. Since domestic violence is a violent and abusive crime, expungement is a crucial tool that is especially helpful in these situations. Having such a charge on one’s criminal history can hurt one’s future. Having such a charge on a person’s criminal record is detrimental to their prospects. Domestic abuse attorneys can assist and determine your eligibility. Expunging a record in Michigan is hard, and you have the best chance of success if you work with an experienced attorney.

A clause in Michigan law permits a first-offense domestic violence charge to become a non-public record. This is almost the same as expunging the record. This clause does not apply to everyone, and many people who qualify are denied expungement. A qualified, experienced domestic abuse lawyer can determine whether this option is accessible and devise a strategy to persuade the judge and prosecution that the petitioner is an excellent candidate.

Talk to a Michigan Domestic Violence Attorney Today

Getting convicted of domestic abuse is a life-long stain on your criminal record. The only means to get a conviction wiped in Michigan is to go through expungement. Even if there is substantial evidence against you, our attorneys at Goldman and Associates may be able to prevent a domestic violence conviction from appearing on your record. Talk to us today and set up an appointment here.

What Are Your Rights Against CPS in Michigan?

CPS stands for Child Protective Services. In what way do you handle them? Do I have to deal with them? What are your rights against CPS? 

In Michigan, when CPS knocks, one can always adopt the stance of refusing to open the door, adopting a posture of opposition. However, you also have the option of doing it with the court. With the cops, you are free to do that. Maybe you have never been willing to help. What punishment or effect would your lack of cooperation have, is the question.

Click here to watch the video on What Are Your Rights Against CPS in Michigan?

You have the freedom to decline an offer if you so choose. We live in a free society. But don’t assume there won’t be repercussions. They will assume that there is something going on there. You become unfit to be the parent of your child as a result. They will suggest something different when you are requesting custody of your child. They won’t let you touch that child anymore. Because you haven’t cooperated, they will now take action.

Have your house in order; that’s the better course of action. Take action as necessary. As much as they ask for, cooperate. The worst thing you can do is give the idea that what you’re actually doing is illegal when in fact it’s not.

 

What Is Child Protective Services?

The Children’s Protective Services (CPS) program is in charge of looking into claims of child maltreatment and neglect. The basis for what CPS must undertake is provided by the Michigan Child Protection Law.

Protecting children from maltreatment and neglect is the responsibility of child protective services. A child is abused when their health or well-being is harmed or threatened. It causes intentional mental or physical harm.

CPS or the police can receive a report from anybody, including a child, who has a good reason to believe a child is being mistreated or neglected. If another, impartial individual had the same experience or heard the same information, they would likely also have the same legitimate suspicions.

 

Why is Child Protective Service at My Door?

What scenario will most likely result in CPS showing up at your door? Are you currently going through an extremely contentious divorce? Are you married to a vengeful spouse?  Is there a malicious parent with an axe to grind with you right now?

You may be wondering why someone, especially your soon-to-be ex, would manufacture or look for evidence against you. It’s possible you’ve come to the realization your ex doesn’t actually need to paint you as a monster in order to get a divorce. 

Michigan allows “no-fault” divorces. You don’t need a valid reason for your partner to leave you or file for divorce. But a run-in with CPS can get you in trouble with your child custody case. A really vindictive spouse can use this to compromise your standing in court.

Some lawyers who have dealt with CPS in the past will tell you that the issues are not with CPS or its procedures. The problem is overly zealous social workers and officials who believe the guilt of the parents is the focus of complaints even before an inquiry has begun. Even the most compliant attorneys would advise you to maintain your distance if a well-intentioned social worker or investigator knocks on your home.

CPS social workers or agents that are overly aggressive frequently use intimidation. They take pleasure in throwing partners at odds. It fits with the “divide and conquers” style of investigation. Any threats made by CPS should not be taken seriously without seeking legal counsel, according to an attorney who has experience with such strategies.

 

What Are My Rights Against Child Protective Services?

Following the filing of a complaint or the reporting of alleged abuse, you may be questioned by a social worker or CPS representative. You should be fully aware of your rights in this situation. This is a compelling argument for you to contact legal counsel as soon as possible after speaking with CPS.

CPS will occasionally use the legal system to urge the judge to terminate a parent’s parental rights, even when that parent is doing everything possible to keep the family together.

When a CPS officer knocks on your door, they will act as though you are guilty and approach you in that manner. Because they frequently get anonymous tips, CPS agents are expected to investigate each lead as if it were solid information. You should therefore consider the complaint seriously.

You need to be informed of your legal rights in the context of the CPS investigation procedure.

 

[1] Unless CPS has a documented warrant or court order, you have the right to refuse to let them enter your house.

You may be told lies by CPS employees. They can even claim to be picking up your kids while being escorted by a police officer. But if they can’t show you a court warrant, don’t let them in.

There’s a reason why the 4th Amendment exists. No matter what the CPS representative tells you, the law is very specific in protecting you under these circumstances. If you let them into your home, you just ceded some of your most basic liberties.

 

[2] You have the choice of responding or not to CPS inquiries.

You are shielded against self-incrimination by the Constitution in all situations, not just those involving criminal accusations. However, open refusal to respond to the CPS investigator’s questions could result in problems down the road. By responding to the investigator’s questions with your own, such as “Why are my family or I the focus of a CPS investigation?”

 

[3] You have a right to complete information of the charges brought against you.

Although you are not legally entitled to know who has accused you, you have the right to access written documents and the findings of any investigations. The accusations leveled at you are something you have a right to know. They must provide any precise facts they require. CPS representatives frequently attempt to hide details by merely classifying incidents under vague terms like “abuse” or “neglect.” Your attorney will make use of this material to develop a strong defense.

 

[4] It is acceptable for you to keep records of everything.

It is completely legal to secretly record any conversation you are a part of in Michigan using a camera or an audio recorder.

If there is a recording of your interaction with the CPS agent, anything you say that is misinterpreted may be contested in court.

If a court order requires a CPS professional to speak with your child or children alone, make sure the conversation is recorded so you may later review it with your attorney. The paperwork can protect you and your family from overzealous CPS agents who could try to misinterpret what your youngster says.

 

[5] You are allowed to choose the lawyer you choose to represent you in court.

Since every person’s situation is unique, you should pick a lawyer to represent you while you attempt to reunite with your family and present your side of the story. Anything you discuss to your lawyer will remain private due to the protection of attorney-client privileges.

You won’t be given a court-appointed attorney when the CPS inquiry begins. If a petition is filed against you or your children in Michigan and you are unable to pay for one, you can qualify for a free one.

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

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

 

Can My Ex and I Change a Custody Order Without Going To Court In Michigan?

Should My Ex And I Agree To Change In Custody Order Without Going To Court In Michigan?

Click here to watch this on YouTube.
Learn more about ways for changing a custody order in Michigan.

Sometimes, after a custody order has been in effect for some time, the parties’ situation changes for whatever reason, and the custody arrangements become different than when the order was granted. In essence, the parents are not adhering to the current custody agreement, but rather implementing a new custody and visiting arrangement. So, is it possible for parents to modify an existing custody agreement without court intervention?

Parents Changing a Custody Order in Michigan

Parents can amend a custody order without going to court, but both parties must agree to the modification. One party cannot push for a particular course of action while the other remains adamantly opposed. The only way to modify a custody arrangement without court intervention is if both parties consent. This is the simplest, quickest, and least expensive way of changing a custody agreement.

It is essential, however, that this modification be documented in writing and lodged with the court. This alleviates any potential issues. If, for some reason, one of the parties later feels angry or resentful and wants to make things difficult by refusing to implement this new agreement and telling the court that we have never actually agreed to a new custody arrangement. Both parents must put their agreement in writing, file it with the court, and ensure that there are no future complications. The court will acknowledge this new agreement and make a new custody order based on it.

How Often Can You Change a Custody Order in Michigan

There is no specific time restriction for changing custody, but you cannot simply go to court at any moment and request a modification. You will need to provide a compelling cause for changing the arrangement, such as a modification in your kid’s school schedule, a new career opportunity, or the relocation of one parent.

Because disagreements would continue indefinitely, the courts do not permit parents to modify custody anytime they wish. Rather, once an order has been placed, you will need to assess if it is time to adjust the timetable based on several variables. Before petitioning the court for a modification in the custody arrangement, you may wish to discuss this with your lawyer.

Changing custody arrangements necessitates a court order. Even if you and your husband have agreed to a new parenting schedule, it is in your best interest to have it authorized by the court. If you fail to do so, neither you nor the other parent will be safeguarded against accusations of missed custody days or late child return based on the prior arrangement.

Get in Touch With a Child Custody Attorney Today 

If you are considering obtaining a change of custody order in Michigan, contact Goldman & Associates Law Firm. Our seasoned attorneys will be able to assist you in determining if requesting a custody adjustment is the right course of action, and they will be able to guide you through the entire process. Book an appointment with us now!

Top Reasons For Divorce From a Michigan Divorce Lawyer’s Perspective

Statistics on divorce may provide information on the causes of divorce. The need for persons to provide evidence of the reasons for their divorce may have contributed to these results. The list of causes was then completed, and it was determined that these are the most common causes.

Click here to watch the video on Top Reasons For Divorce From a Michigan Divorce Lawyer’s Perspective

You might be involved in an unhealthy relationship. an unsatisfactory relationship. A partnership that isn’t making both people happy. Relationships have the potential to make people difficult or even awful parents. People who are in bad relationships may act out due to stress and other factors.

 

What Are the Top Reasons for Divorce in a Lawyer’s Perspective?

Financial difficulties were once considered to be the most common reason for divorce, according to some. Such factors are no longer frequently cited. Others believe that marital infidelity is the main cause of divorce. That also isn’t something we see a lot of anymore. There has been an increase in divorces involving illegal narcotics.

Lawyers are routinely contacted on this. There is more going on than what first appears if you have to ask others what is happening.

 

Couples drift apart and grapple with infidelity.

The parties’ sliding apart is more important. It’s more about the marriage’s foundation simply disintegrating. People are drawn in different directions by their varied interests. People find themselves in precarious circumstances. Work-related issues drive people to part ways.

One individual resides in one home and another in a different home. They allow their differences to grow. They make the final choice. They believe a long-distance romance is possible, only to discover that it is not. This can also be a typical explanation.

It’s challenging to determine which justifications are more common. There may be some demographics where infidelity is more common than others.

 

Abusive relationships.

It’s possible that divorces occur for a variety of reasons. There are situations where someone is abusing someone else. Domestic abuse exists. 

It’s time to reevaluate if the marriage can last.

 

What Is Empirical Data Telling Us Why People End Marriages?

The majority of the time, divorces are brought on by a number of factors. Social scientists and other academics have long studied the issue of what leads to divorce.

Some studies have looked at variables that are simple to quantify and increase the chance of divorce, like the average age at marriage. However, other researchers have gotten right to the point by asking divorcees why they think their marriages didn’t work out.

Let’s take up the top-ranking reasons from the survey.

 

Lack of commitment.

In multiple studies where participants were asked to choose from a list of important reasons for their divorce, lack of commitment came out on top. Up to 85% of participants in one study gave this kind of response. It’s noteworthy to note that despite the fact that most of the time one partner blames the other for not trying harder to save the marriage, a different study discovered that lack of commitment was also the issue that couples were most likely to agree on.

Lack of commitment might appear nebulous and difficult to demonstrate or refute, especially to the person who is receiving the blame. The outward signs of divorce are typically linked to other elements like extramarital affairs, a refusal to discuss the union, and a lack of cooperation in handling finances. That’s perhaps why so many people cite a lack of commitment as a major factor in divorce; they perceive it as the root cause of a number of more glaring issues.

 

Incompatibility and growing apart.

The “irreconcilable differences” standard for no-fault divorce was chosen by politicians, and they were right. When asked why their marriages ended, divorced people frequently respond, “We grew apart, we drifted away, or we were just plain incompatible” (up to 55% in one study). Other causes of divorce that have been linked to incompatibility and have been mentioned in research include lack of shared beliefs, young marriage (which makes growing apart more likely), sexual challenges, and religious differences.

Many couples embrace their differences and even live with them. However, the foundation of the majority of happy unions is shared, or at least compatible interests, objectives, and values. Other common factors of divorce, especially poor communication, frequently coexist with overt signs of incompatibility.

 

Infidelity/unfaithfulness.

Even while adultery or infidelity was mentioned in every study we looked at, its incidence as a cause of divorce ranged from 20% in one study to 60% in others.

This wide range may suggest that at least some divorcees consider an affair as the breaking point after a string of preceding marital problems. These other problems may lead to someone leaving the marriage for intimacy, excitement, or diversion—or even as an accidental ruse to persuade the other spouse to end the marriage.

 

Communication problems.

In various studies, about 50% of participants cited communication issues, such as frequent fights and a lack of communication, as the reason for their divorce. Once more, communication problems may be the cause of other divorce-related concerns including disputes over finances and parental responsibilities.

It is obvious when you and your partner are always at odds. Even if the clashes aren’t that frequent or violent, be on the lookout for disputes that keep coming up about the same thing or arguments that never really get resolved. That may indicate that you require support in learning how to communicate more effectively, possibly through couple’s therapy.

 

Money management disagreements.

In several surveys, around 40% of participants claimed that money issues, particularly grievances about their ex-financial spouse’s management, were a major factor in their divorce. Because disagreements about priorities and ideals regarding financial decisions are the primary cause of disputes over money, these conflicts are frequently referred to as “financial incompatibility.”

Research has found that couples with lower incomes are more likely to list financial incompatibility as a primary cause of divorce, which is not surprising. There is probably more conflict over money difficulties when there is less to go around and more stress about being able to pay expenses. Fighting over money and property persists during the divorce itself, irrespective of the couple’s income level.

 

Substance abuse.

According to several surveys, between 10% and 35% of people indicated their spouse’s drug or alcohol abuse was the reason behind their divorce.

 

Domestic abuse.

According to numerous studies, 15% to 25% of people said that a key reason for ending the marriage was domestic abuse. In one of the three primary reasons for their divorce, verbal, emotional, or physical abuse was indicated by more than one-third of participants in a study on older divorced couples.

Women and men generally view domestic violence as a contributing reason to divorce in a very different way. Only 9% of men and 42% of women in national research cited domestic violence as a key contributing cause to their divorce. The fact that women are far more likely than males to experience intimate partner abuse and that abuse victims are more likely than abusers to attribute the behavior to the divorce could be reflected in this.

 

Conflicts in managing family responsibilities.

When questioned about the main reasons for divorce, over 20% of participants in certain studies mentioned arguments inside their marriage over:

[ a ]  raising their children

[ b ]  commitments to look after children and/or

[ c ]  other domestic and family duties.

It’s important to highlight that, according to at least one study, women are far more likely than men to cite these conflicts as a major factor in their divorce. Conflicts over family obligations were rarely addressed in earlier studies where participants were given a list of possible causes. This is possibly because many social scientists failed to take into account or made assumptions about gender roles in marriages between men and women.

 

Do the Reasons Even Matter Here in Michigan?

Keep in mind that you don’t need a reason to file for divorce in Michigan. You don’t need any special justification for your divorce decision.

You might be involved in an unhealthy relationship. an unsatisfactory connection. a partnership that isn’t making both people happy. Relationships have the potential to make people difficult or even awful parents. People who are in bad relationships may act out due to stress and other factors.

These are the explanations for why you are here right now reading this until the end.

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

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

 

What To Remember During Child Custody Battle in Michigan?

Tips to Remember During Child Custody Battle in Michigan

Click here to watch this video on YouTube.
Learn more about child custody matters here.

If you’re preparing to engage in a child custody battle in Michigan, you should educate yourself as much as you can on what to anticipate and how to approach this situation. It is only reasonable to feel strongly about winning the custody agreement because you want to ensure that your child receives the best care that you believe is best for them. However, winning a child custody battle requires more than just zeal. Here are some tips that can have a major impact on the outcome of your custody battle that can assist you to make sure you approach it correctly.  

How Do Child Custody Battles Go in Michigan?

The first thing to do in child custody battles is to prepare. You need to be familiar with your county’s Friend of the Court (FOC) office and the factors in Michigan custody decisions and have a legal professional review your paperwork. After the preparation, the legal proceedings for custody begin. You need to take note that if you’re not married to the other parent, you will be required to submit or confirm paternity. The third step will be the parenting class, where parents will complete a parenting class called SMILE for married parents and COPE for unmarried parents. The fourth step is temporary orders, where parents agree on an arrangement, and temporary orders will be prepared for parents to submit for court approval.

The fifth step is mediation, where a neutral third party comes in to help parents compromise. The sixth is discovery. Here, parents prepare for their final hearing, and information about what they plan to present and request is exchanged. The seventh step, the final custody hearing, is where both parents have the opportunity to present evidence and question a witness in front of a judge. Lastly, the final orders spell out the legal rules that parents must follow until their child turns 18 or becomes an adult on their own.

Tips to Remember During the Custody Battle

The first thing to remember is that you should consult with experts. Consult with legal specialists who know this subject if you want to have any chance of succeeding and getting the desired outcome.

Second, you need to stick to the truth. Be honest and open with your lawyer because they need the truth to have any chance of fighting a winning battle. Take the moral high ground and fight the case based on facts and reality.

The most important thing to remember is that you should document everything. Organize and ensure that you know how to present the evidence later on. Throughout the custody dispute, keep records and physical copies of any crucial papers.

Michigan Lawyers’ Advice for Gaining Child Custody 

If your relationship ends and you have a child, you’ll need to agree on where your child will live. As a result, the court must assess the parents’ intent or sincerity to determine their suitability as custodians. Furthermore, any continued abuse or criminal charges against the parent will make granting child custody difficult. Whatever circumstances fit you in this situation, you must consult with your lawyer to determine the best course of action.

To immediately get child custody, contact Goldman and Associates Law Firm. We have skilled attorneys on board who can assist you before, during, and after any legal proceedings. Book an appointment for immediate legal action.