What to Expect in the Divorce Process in Michigan?

When spouses embark on a journey towards divorce, they may have some doubts if the court will be fair to them. Or is the judicial process such that the merits of their position are fairly heard?

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There was a time in the development of the law when women had a distinctive advantage in matters related to children.

Some might dare say in the 50s and 60s there may exist a certain judicial bias in divorce proceedings. Courts would tend to give custody to the moms.

With dads out working, and the moms being home most of the time, they have closer rapport with children. Moms have better ability to deal with the emotional and psychological issues of raising the children cause she has been doing it the whole time.

The law is there of course to preserve the rights for everybody. And this means there isn’t really a gender bias supposed to be coming from the bench. The bench is supposed to be blind to that.

The statue of justice we are familiar with. Shows a popular image of a woman holding a set of scales. The image representing a woman is blind folded. This image represents the best part of the law. The woman represents giving justice without regard to whoever is before her. It doesn’t matter if you’re a man or a woman.

The court and the judgment it dispenses based on the law has to be just because it’s the right thing to do. The law has already departed from any kind of gender bias or has made a strong effort to do so.

This is how men’s rights are preserved in custody issues because the statute now says we don’t look at a bias toward men or bias toward women. We report to the best interest of the child.

We do so by evaluating the circumstance of the child based on 12 unevenly weighted factors the court takes into account. These factors are the basis for determining whether or not the child should go with mom or dad.

The merits of the case in a divorce process is evaluated not based on whether or not somebody’s wearing a skirt or someone’s wearing pants. That’s not how the future of the child is determined by the court.

The court now does it based on the best interest factors.

What could be more reasonable?

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

 

What to Expect in the Divorce Process in Michigan

When spouses embark on a journey towards divorce, they may have some doubts if the court will be fair to them. Or is the judicial process such that the merits of their position are fairly heard?

Click here to watch the video on Youtube.

There was a time in the development of the law when women had a distinctive advantage in matters related to children.

Some might dare say in the 50s and 60s there may exist a certain judicial bias in divorce proceedings. Courts would tend to give custody to the moms.

With dads out working, and the moms being home most of the time, they have closer rapport with children. Moms have better ability to deal with the emotional and psychological issues of raising the children cause she has been doing it the whole time.

The law is there of course to preserve the rights for everybody. And this means there isn’t really a gender bias supposed to be coming from the bench. The bench is supposed to be blind to that.

The statue of justice we are familiar with. Shows a popular image of a woman holding a set of scales. The image representing a woman is blind folded. This image represents the best part of the law. The woman represents giving justice without regard to whoever is before her. It doesn’t matter if you’re a man or a woman.

The court and the judgment it dispenses based on the law has to be just because it’s the right thing to do. The law has already departed from any kind of gender bias or has made a strong effort to do so.

This is how men’s rights are preserved in custody issues because the statute now says we don’t look at a bias toward men or bias toward women. We report to the best interest of the child.

We do so by evaluating the circumstance of the child based on 12 unevenly weighted factors the court takes into account. These factors are the basis for determining whether or not the child should go with mom or dad.

The merits of the case in a divorce process is evaluated not based on whether or not somebody’s wearing a skirt or someone’s wearing pants. That’s not how the future of the child is determined by the court.

The court now does it based on the best interest factors.

What could be more reasonable?

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.

Handling A Narcissist In A Michigan Divorce

How Do I Handle A Narcissist In A Divorce In Michigan?

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Living with a narcissist may be difficult, and getting a divorce from one may test your patience. Knowing how to handle narcissism may help you better handle the situation. While we cannot guarantee that divorcing a narcissist will be simple, a Michigan divorce lawyer can help you manage the options available. Here are some suggestions for how to cope with a narcissist during a divorce.

What to Expect When Divorcing a Narcissist

In the end, you can’t address the core nature of a narcissist. Drama is a narcissist’s way of controlling the situation and gaining attention. Divorcing a narcissist is difficult, but it is possible if you have a strategy in place.

You can expect your ex will spread rumors about you and accuse you of your parenting, how you handle money, and other things. Most of the time, your partner’s bad behavior is what they try to blame on you when they make false accusations.

As you go through this process, you will require emotional support. You must have a reliable friend or family member you can talk to, but make sure you don’t spend all your time with that person talking about the divorce or your ex.

How to Avoid Conflict When Divorcing a Narcissist

A narcissist will do anything to get ahead and win, especially when it comes to a divorce settlement. Once the petition to end the marriage is filed, you may find that your spouse’s behavior becomes even more combative than it was before the divorce petition was filed. Here are a few pointers to make the process go more smoothly for you:

  • Set Realistic Expectations: Knowing that your spouse isn’t going to be playing fair will help you be ready if he or she fights about anything related to the marriage, like property division, alimony, or time with the kids.
  • Document Everything: Most of the time, a narcissist will lie to get what he or she wants out of a situation. Record what your spouse says by keeping records of all conversations through email, voicemail, and text.
  • Understand Your Financial Situation: It is essential to have a thorough understanding of your marital estate to obtain what is legitimately yours. In other instances, a narcissistic spouse may have concealed assets or even squandered them through lavish spending.
  • Manage Your Emotions: There is little you can do about the reactions of others, but you can take control of your own emotions. It is advisable not to argue with your spouse, as it will likely infuriate them. Getting emotional support through a divorce support group or seeing a therapist may benefit you.

Michigan is a no-fault divorce state, meaning that a couple may divorce regardless of who is at fault for the dissolution of their marriage. For this reason, it is essential to hire an experienced attorney who knows the problems that can occur while dealing with a narcissistic spouse.

Contact a Michigan Divorce Lawyer Today

Goldman and Associates will assist you through your divorce, regardless of the obstacles your ex-spouse presents. If you are considering a divorce from a narcissist, contact us immediately or schedule an appointment for a free consultation. 

Michigan Custody: Child’s Preference of Which Parent to Live With

Can My Child Decide Which Parent To Live With In Michigan?

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Learn more about child custody in Michigan.

A custody fight might be one of the most unpleasant experiences a parent can have, but children caught in the middle of the conflict may find it just as stressful. While children must realize that both parents love and want them, coping with a lengthy custody struggle on top of the pain, loss, and rage that comes with a parent’s divorce may be too much for them to bear.

For most children, the thought of having to choose between their parents is even more distressing. There will also be times when the child prefers one parent over the other because that parent is more suited to the child’s needs. The question now is: can children pick which parent they want to live with?

Child Custody Factors in Michigan

Contrary to popular belief, a child cannot simply decide which parent to live with before the age of 18 in Michigan. However, when deciding on child custody or parenting time, the court will consider several factors, including the child’s preferences.

When deciding on child custody, courts consider twelve factors concerning the child’s best interests. This includes the relationship between children and parents, each parent’s capability to provide (financially, emotionally, etc.); the stability of the home setting; the willingness to co-parent, and more. Furthermore, a judge may consider the child’s preference if the court finds that the kid is of the appropriate age to articulate a preference.

The child’s preference is one factor the court must consider when addressing custody and parenting time concerns, but it is not the only factor. In reality, the court is not required to examine all of the best interests elements equally. A child’s preference will be given the significance it deserves depending on the child’s age and the “soundness” of the decision under the circumstances.

Court and Child’s Preferences

In Michigan, judges may consider a child’s preference only when the court believes the youngster is of suitable age and maturity to make such a decision.  The court must then examine several other considerations before making a final judgment on custody, parenting time, and other aspects of family law.

When a child is mature enough to voice his or her preferences, the court must hear his or her views before making a decision. The court will only talk with a minor if the judge believes he or she is old and mature enough to do so.

There is no minimum age requirement. Instead, it boils down to the child’s maturity level. The more mature the child is, the more the court will value the child’s views while deciding on custody and parenting time.

Hire a Michigan Child Custody Lawyer Today

If you have questions concerning custody or parenting time or have any other family law problems, do not hesitate to call the competent custody lawyers at Goldman and Associates. Contact us today and set an appointment with one of our attorneys.

Michigan Custody: Childs Preference of Which Parent to Live With

Can My Child Decide Which Parent To Live With In Michigan?

Click here to watch this on YouTube.
Learn more about child custody in Michigan.

A custody fight might be one of the most unpleasant experiences a parent can have, but children caught in the middle of the conflict may find it just as stressful. While children must realize that both parents love and want them, coping with a lengthy custody struggle on top of the pain, loss, and rage that comes with a parent’s divorce may be too much for them to bear.

For most children, the thought of having to choose between their parents is even more distressing. There will also be times when the child prefers one parent over the other because that parent is more suited to the child’s needs. The question now is: can children pick which parent they want to live with?

Child Custody Factors in Michigan

Contrary to popular belief, a child cannot simply decide which parent to live with before the age of 18 in Michigan. However, when deciding on child custody or parenting time, the court will consider several factors, including the child’s preferences.

When deciding on child custody, courts consider twelve factors concerning the child’s best interests. This includes the relationship between children and parents, each parent’s capability to provide (financially, emotionally, etc.); the stability of the home setting; the willingness to co-parent, and more. Furthermore, a judge may consider the child’s preference if the court finds that the kid is of the appropriate age to articulate a preference.

The child’s preference is one factor the court must consider when addressing custody and parenting time concerns, but it is not the only factor. In reality, the court is not required to examine all of the best interests elements equally. A child’s preference will be given the significance it deserves depending on the child’s age and the “soundness” of the decision under the circumstances.

Court and Child’s Preferences

In Michigan, judges may consider a child’s preference only when the court believes the youngster is of suitable age and maturity to make such a decision. The court must then examine several other considerations before making a final judgment on custody, parenting time, and other aspects of family law.

When a child is mature enough to voice his or her preferences, the court must hear his or her views before making a decision. The court will only talk with a minor if the judge believes he or she is old and mature enough to do so.

There is no minimum age requirement. Instead, it boils down to the child’s maturity level. The more mature the child is, the more the court will value the child’s views while deciding on custody and parenting time.

Hire a Michigan Child Custody Lawyer Today

If you have questions concerning custody or parenting time or have any other family law problems, do not hesitate to call the competent custody lawyers at Goldman and Associates. Contact us today and set an appointment with one of our attorneys.

Michigan Custody: Child���s Preference of Which Parent to Live With

Can My Child Decide Which Parent To Live With In Michigan?

Click here to watch this on YouTube.
Learn more about child custody in Michigan.

A custody fight might be one of the most unpleasant experiences a parent can have, but children caught in the middle of the conflict may find it just as stressful. While children must realize that both parents love and want them, coping with a lengthy custody struggle on top of the pain, loss, and rage that comes with a parent’s divorce may be too much for them to bear.

For most children, the thought of having to choose between their parents is even more distressing. There will also be times when the child prefers one parent over the other because that parent is more suited to the child’s needs. The question now is: can children pick which parent they want to live with?

Child Custody Factors in Michigan

Contrary to popular belief, a child cannot simply decide which parent to live with before the age of 18 in Michigan. However, when deciding on child custody or parenting time, the court will consider several factors, including the child’s preferences.

When deciding on child custody, courts consider twelve factors concerning the child’s best interests. This includes the relationship between children and parents, each parent’s capability to provide (financially, emotionally, etc.); the stability of the home setting; the willingness to co-parent, and more. Furthermore, a judge may consider the child’s preference if the court finds that the kid is of the appropriate age to articulate a preference.

The child’s preference is one factor the court must consider when addressing custody and parenting time concerns, but it is not the only factor. In reality, the court is not required to examine all of the best interests elements equally. A child’s preference will be given the significance it deserves depending on the child’s age and the “soundness” of the decision under the circumstances.

Court and Child’s Preferences

In Michigan, judges may consider a child’s preference only when the court believes the youngster is of suitable age and maturity to make such a decision.�� The court must then examine several other considerations before making a final judgment on custody, parenting time, and other aspects of family law.

When a child is mature enough to voice his or her preferences, the court must hear his or her views before making a decision. The court will only talk with a minor if the judge believes he or she is old and mature enough to do so.

There is no minimum age requirement. Instead, it boils down to the child’s maturity level. The more mature the child is, the more the court will value the child’s views while deciding on custody and parenting time.

Hire a Michigan Child Custody Lawyer Today

If you have questions concerning custody or parenting time or have any other family law problems, do not hesitate to call the competent custody lawyers at Goldman and Associates. Contact us today and set an appointment with one of our attorneys.

Differentiating Separate Maintenance and Divorce In Michigan

What Is Separate Maintenance vs. Divorce In Michigan?

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People may want to stop their relationship with their spouse but may not wish to divorce. It may be tough for two individuals to overcome their differences and challenges and remain together. Divorce, on the other hand, isn’t always the best decision for some couples. For others, it may be desirable to live separately and file a separate maintenance complaint. Separate maintenance is one of several divorce options in Michigan. However, it is rarely used since it does not suit the demands of most spouses.

Defining Separate Maintenance in Michigan

In Michigan, separate maintenance is like legal separation where a married couple lives separately, and quite similar to divorce in terms of procedure. Separate maintenance legally acknowledges couples living apart and governs the split of property, liabilities, and assets. A Separate Maintenance Judgment is remarkably similar to a divorce, requiring the same documents, the same grounds to be discussed, and the same process involved.

Separate maintenance is similar to divorce in every manner, except that at the end of the case, you are still legally married and consent to a separate maintenance ruling. Michigan’s separate maintenance, like divorce, involves various considerations, including the following:

  • Taxes
  • Religion
  • Insurance
  • Immigration
  • Health Care
  • Social Security
  • Pension Benefits

In the best cases, couples realize the need for separation but have the intention of working through their issues and reuniting. While spouses can separate without going to court or getting a formal Separate Maintenance Judgment, we feel that families do best when they are assisted by a legal team and have proper, well-organized arrangements in place. With so many critical aspects at play, our family law experts can guarantee that orders are implemented and understandings are respected, regardless of the developing scenario.

Differences Between Michigan Separate Maintenance and Michigan Divorce

Separate maintenance and divorce in Michigan have a few key similarities and differences:

  • Separate maintenance, unlike divorce, requires both spouses to agree on an agreement.
  • The spouses may not remarry while on separate maintenance since they are still legally married.
  • Separate maintenance can be terminated, and the couples can reunite following (hopefully) reconciliation.
  • Separate maintenance judgments are not subject to a waiting period. Divorces are issued after a 60-day waiting period in marriages without children under the age of 18. When minor children are involved, a 6-month waiting period is required.
  • Separate maintenance is similar to divorce in that the court will make legal decisions about custody, parenting time, and child support based on what is best for the child.

When filing for separate maintenance, keep in mind that this might soon turn into a divorce battle. This is due to your spouse’s ability to launch a counterclaim for divorce. If this occurs, the court will no longer recognize this to be a separate maintenance matter but rather a divorce case and will proceed accordingly.

Consult a Michigan Family Law Attorney Today

Goldman & Associates has decades of expertise assisting couples in resolving their marriages and moving on to new pages of their lives. We will help you understand the complexities of separate maintenance and evaluate if it is the best option for you. Make an appointment with an attorney today.

Is Leaving Your Home To Get Away From It Considered Abandonment?

If I Leave The Home To Get Away From It, Will It Be Considered Abandonment?

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There are many misconceptions regarding divorce, and arguably the most common is that of abandonment. Abandonment is the belief that if a person moves out of the marital home even before the divorce is finalized, they will lose rights to their kids or the property. They are afraid that their spouse will accuse them of abandonment. While leaving the marital home may have some negative consequences, this is not one of them.

Abandonment and Michigan No-Fault Divorce

To make it clear, Michigan is a “no-fault” divorce state. As a result, you can get a divorce without having to prove infidelity, cruelty, or any other reason. Your spouse does not even have to consent to the divorce. It just takes one person to attest that a marriage has failed and that there is no possibility for reconciliation.

There is, therefore, no reason to worry about being accused of abandonment. However, there may be further negative repercussions to leaving the marital residence before the divorce is finalized:

  • Your belongings mysteriously vanish or are destroyed.
  • Custody and parenting time may be jeopardized.
  • The residing spouse may obtain an exclusive usage order and replace the locks.
  • You might need to keep paying child support and contributing to household costs.
  • Your request to keep your marital residence will be declined.

Leaving a marital house before or during a divorce does not imply that you have lost interest in it. If the situation at home is unpleasant or dangerous, it is advisable to leave. Even if you move out, you may still be entitled to any equity you have in the property. If children are involved, consult with your attorney about getting a temporary parenting time order before or shortly after leaving the house.

Does Leaving the House Before Filing Affect Your Property, Custody, or Alimony Rights?

Leaving the marital residence without contributing to the expenses does not revoke a person’s claim to a portion of the marital assets or custody/parenting time with the kids. However, the court may consider the facts and change the property distribution based on those circumstances. Thus, if there was abuse and a spouse is forced to leave the house, he or she may be entitled to an equal or even bigger portion of the estate. However, a person who just disappeared could be entitled to a lower percentage of the inheritance.

Getting custody of a child might be difficult if a parent hasn’t had contact with or been involved in the child’s life. However, the parent should still be entitled to request parental time with the child. If a parent fails to pay child support, it typically has minimal impact on the parent’s custody or visitation rights. Failing to file for child support, on the other hand, does not preclude a person from seeking child support at any point after the couple divorces. Child abandonment is still a crime, but it only applies when the parent abandons the child, such as by putting it in a dumpster or the wilderness.

Seek Legal Advice from a Michigan Family Law Attorney

Seek legal counsel from an experienced Michigan family law attorney who can guide you through the divorce process and advise you when it is time to leave your home. Call Goldman & Associates immediately or schedule an appointment to discuss your options.

How Hiring An Attorney Can Help You With Retail Fraud Charges

Why You Should Hire An Attorney If You’ve Been Charged With Retail Fraud?

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Learn more about retail fraud in Michigan.

Retail fraud, sometimes known as shoplifting, is a severe offense that may land you in prison. If you or somebody you know has been suspected of shoplifting in Michigan, you should speak with an attorney as quickly as possible. Regardless of the price of the stolen item, you will need legal advice to avoid criminal prosecution. A Michigan retail fraud charge can harm your future if you do not hire an experienced attorney, and a guilty verdict can harm your reputation. Call an expert attorney right now rather than face a prison sentence or financial damage.

Retail Fraud Attorney in Michigan

Anyone suspected of stealing an item from a retail establishment faces hefty criminal shoplifting charges. Several retail fraud cases include teens, and Michigan courts will not be lenient just because of their age. We have expertise in fighting juvenile crimes such as shoplifting and will fight allegations against juveniles in Michigan criminal proceedings fiercely. You need a lawyer to assist you in dealing with shoplifting allegations, regardless of your age.

If you’re guilty of retail fraud, your future employment and financial opportunities may be significantly affected. Goldman & Associates will work hard to keep you out of jail and ensure that you do not suffer unfairly as a result of a retail fraud charge. If you have been suspected of retail fraud in Michigan, do not talk with police, guard, or loss prevention workers before calling us.

Shoplifting from a Michigan Retail Store

Anyone who steals or tries to steal from a retail establishment is committing retail fraud. You might be found guilty of retail fraud if you even touch an item and staff or shop security assume you meant to take it. Changing the price tags on items to pay less for a product is also considered retail fraud. Any of these offenses may result in a criminal conviction, as well as prison time and fines. Hire a lawyer as soon as possible to defend your Michigan retail fraud case.

The Michigan Penal Code defines three levels of retail fraud for which you might be convicted. All three levels of Michigan shoplifting allegations are pretty serious and will need the services of an expert attorney to fight against harsh criminal sentences. Retail fraud is not a minor offense, as many believe, and it can have serious consequences for your future. Don’t be afraid to contact a lawyer and begin putting up a defense in your Michigan retail fraud case.

Hire a Michigan Criminal Attorney to Fight Retail Fraud Charges

The sooner you consult an attorney, the higher your chances of obtaining freedom. Goldman & Associates provides excellent criminal defense and has established itself as one of Michigan’s leading law firms. Contact us today to set up an appointment with an experienced attorney.

Legal Step-Parent Adoption Process in Michigan

Legal Adoption Process For Step Parents

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Learn more about adoption in Michigan.

In Michigan, adopting a stepchild is a mechanism that blended families can use to safeguard the rights of the stepparents and the children to inheritance, child support, and custody.

Step-parent adoption assists in meeting the needs of children from single-parent homes or blended families. It designates the spouse of the parent who has primary custody of a child to take the role of an absent or incompetent legal parent. In other words, it enables stepparents to assume the position of the child’s legal parent, along with all the responsibilities and rights that the title entails.

Adopting a Stepchild in Michigan

While the adoption procedure in Michigan might be lengthy and full of paperwork, it is not usually as arduous when adopting your stepchild. Many stepparents form a relationship with their stepchildren and want to adopt them as their own.

Stepparents can submit a step-parent adoption application in the family division of the relevant circuit court to defend their rights and those of their stepchild. To accomplish this, the stepparent has to:

  • Be married to the custodial parent
  • Prepare the Adoption Petition and any necessary documentation
  • Sign the adoption petition with the consent of the custodial parent
  • Obtain recommendation letters for your stepparent adoption
  • Provide the court with your work, income, and medical information
  • Undertake a criminal background check
  • Consult with a social worker for child placement to do a home study
  • Get the non-custodial parent’s consent or terminate their parental rights
  • Wait for the adoption to be legally finalized before ordering the Secretary of State to release a new birth certificate

As unbelievable as it may seem, this is just a simplified version of the standard adoption process. It is critical to note that to use this expedited route and avoid court supervision, you must be married to the parent who was given custody under Michigan adoption regulations.

Rights of Step-Parents in Michigan

Stepparents play an important part in their child’s welfare, support, and well-being. They help with schoolwork, look after the child at home, fulfill the family’s needs, and even represent the child’s interests while speaking with physicians and teachers. When everything is going well, there may be no distinction between your child’s biological parent and their step-parent.

However, when a dispute emerges, it brings up the question of whether stepparents have legal rights in Michigan. The simple answer is no. In Michigan, a stepparent is not considered a legal guardian. While the Equitable Parent Doctrine has a few exceptions, Michigan courts typically won’t grant any legal bearing to a bond between a stepparent and stepchild unless there was a stepparent adoption. This can become problematic when:

  • The custodial parent passes away without designating the step-parent as guardian in his or her will
  • The biological parent attempts to enforce custody and parenting time rights
  • The custodial parent breaks off contact between the step-parent and the child during a divorce
  • The stepparent refuses to help in providing for the child after the separation
  • The stepparent dies without a will leaving the child without an inheritance.

Speak with a Michigan Family Law Attorney To Help

Adopting a stepchild is never an easy task, both legally and psychologically, and you want to be sure you have everything in order. The experienced attorneys at Goldman and Associates Law Firm are ready to aid and guide you through the process. Schedule a consultation now.