Alternatives to Divorce in Michigan

Alternatives to Divorce in Michigan

Getting a divorce is not always the answer. In the State of Michigan, there are many alternatives to divorce. There are two other methods that are both very different. It is important to understand these differences so that you can make an informed decision about which path is right for you and your family. Some families have a religious objection to divorce. For this and other reasons, a couple might pursue separate maintenance (i.e. a legal separation) in lieu of a divorce. In Michigan getting a divorce is not always the only option.

These are extremely rare occurrences. The only difference between an action for separate maintenance and a divorce is that the parties will be prevented from remarrying. However, if one of the parties files for divorce, the family court will default to the divorce and toss out the action for separate maintenance. In this blog we will be going over the different options you can take if you don’t want a divorce.

Annulment

This is another option for those who do not want a divorce. An annulment invalidates a marriage based on the judge finding that the marriage was void from its inception or is voidable for some reason. Couples who receive an annulment must not continue to cohabitate. For more information on annulment contact our attorneys at Goldman and Associates. 

What is a Void Marriage?

A marriage is void when the couple is too closely related (parent/child, aunt/uncle, siblings, nephews, etc.) or where one of the spouses is still in a previous marriage (aka Bigamy). A void marriage cannot continue to be valid and will be nullified even without a court order. A good rule of thumb for distinguishing a void marriage from a voidable one is that the spouses are categorically incapable (by law) of being validly married no matter how willing they are.

What is a Voidable Marriage?

A marriage is voidable if one of the parties is found to be sterile, was below the age of consent when married, or was otherwise unable to consent (i.e. mental issues, duress, or fraud). A marriage found to be voidable can still be continued by the spouses and is valid until a court order nullifies it. Voidable marriages are distinguishable from void ones because a voidable marriage could be validly married but for whatever factor or circumstances made it voidable. The reason marriages involving an underage spouse are voidable rather than simply void is because that underage spouse will likely come of age during the marriage, at which point he or she will be fully capable of consenting to remain.

What is Legal Separation?

Separate maintenance is the technical legal term for what is commonly referred to as a legal separation. It is another way for a couple to “end” their marriage without getting a divorce. It should be noted that a legal separation does not actually dissolve the marriage. This is the reason why people who are legally separated cannot remarry other people because they are still technically married at law. If you wish to truly dissolve your marriage you must get a divorce. 

Much like a divorce you and your spouse can sign a “separation agreement” which enshrines your wishes for the terms of your separate maintenance that the judge is likely to adopt as the final order of the separation. Separate maintenance is also the name of the final document codifying the separation. However, it is not the only document you can use for a legal separation. You can also use something called a “Postnuptial agreement”. 

Conclusion 

A big takeaway from all of this is that it might not be a good idea to rush into a rash decision like permanently dissolving a marriage. Sometimes it is wiser to take preliminary steps to try to make sure there is nothing that can be done to fix it. Sometimes the swiftness of the decisions to sever the marriage is what makes it irreparable in the first place. Conversely, being open to trying to make it work or try to figure out what is wrong is an essential step to healing and getting stronger as a couple.

For more information on divorces in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about divorce in Michigan. 

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428 

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

https://www.youtube.com/watch?v=Rck5ssYUPMs 

Resources 

http://akivagoldman.com/ 

https://www.youtube.com/watch?v=QdoOAHv9PQo&t=2s 

 

[Video] How Probate Works In Michigan

The probate court was established in order to assist individuals in guardianships, conservatorships, and in a lot of cases the probate court is used to establish and resolve estates. The process begins when you file to initiate the case, and then the court will appoint a personal representative. This representative will be the main contact that the court will use instead of dealing with multiple people.

In some situations, a will can often name the personal representative. Probate cases can be extremely complex and you will need an experienced lawyer to help guide you through this process. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

Goldman and Associates Law Firm is here to provide you with information about Summer Legal Issues in The State of Michigan.

[Video] What You Need To Know About Firework Accidents In Michigan

As the weather gets warmer vacation time comes even closer and you may be wondering about personal injury. You see quite often year after year that there was a horrible accident as a result of fireworks. Just because you can buy fireworks doesn’t necessarily mean you have the ability to safely deploy fireworks. If you don’t then you can burn down a house or even worse, someone can be the victim of an accident. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

Goldman and Associates Law Firm is here to provide you with information about Summer Legal Issues in The State of Michigan.

[Video] What You Need To Know About Summer Child Custody Arrangements In Michigan

As the weather gets warmer vacation time comes even closer and you may be wondering about your custody order. Custody order is the order which governs the relationship between the two parties and the schedule of the child throughout the year. The standard order can be surpassed by the special orders which may include summer vacation.

Special orders like summer vacation, Christmas, or New years will always beat regular custody. This may shift your schedule time but there are opportunities to alternate certain vacation and holiday times. The goal is to keep the overall schedule fair and equal so both parties have equal opportunity to spend time with their child.

Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

Goldman and Associates Law Firm is here to provide you with information about Summer Legal Issues in The State of Michigan.

[Video] Can I Take My Kids Out Of Town During Summer Vacation?

Generally speaking, you don’t need permission from the court, but you should be mindful that there is likely to be a parenting time schedule. As long as whatever you do does not interfere with the rights of the other parent it should be perfectly fine.

However, you will run into a problem when you try to take your children out of time during the time that is scheduled for your children to be with the other parent. Whatever plans you have are going to be trumped by the right of the other parent to exercise parenting time.

Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

Goldman and Associates Law Firm is here to provide you with information about Summer Legal Issues in The State of Michigan.

[Video] Do You Want To Modify Your Parenting Time Schedule?

The court will only modify parenting time if the person seeking the modification can prove with “clear and convincing” evidence that the change is in the best interest of the child. Your attorney should be able to explain to you what that standard entails. The parent seeking modification must also show a “change in circumstances”. The court insists on a change in circumstances before changing the custody arrangement because it considers consistency and stability to be among the core elements of a child’s best interest.

In some cases, both parents agree to certain arrangements regarding visitation, custody and child support. Sometimes the court order will say a particular thing, however the parents agree on different terms that work better for them. If one parent would like to modify the arrangement, they must go to court to modify the order to reflect the reality.  Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

Goldman and Associates Law Firm is here to provide you with information about Summer Legal Issues in The State of Michigan.

[Video] Standard Parenting Time Vs Holiday Parenting Time In Michigan

As you go through the calendar, you will see that there are many holidays that can create conflict such as Memorial Day and the 4th of July. Generally speaking, the rule of thumb is that the non-standard holiday parenting time is going to trump the standard parenting time. Whatever holidays are specified in your judgement, you need to realize that those are an exception and have priority over standard parenting time.

You may have an advantage one year, the odds are your ex may have an advantage the next year, but remember the rule that the holiday time is going to trump standard parenting time.Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

Goldman and Associates Law Firm is here to provide you with information about Summer Legal Issues in The State of Michigan. Goldman and Associates has years of experience and knowledge on Family Law in Michigan.

[Video] I Want More Parenting Time In Michigan, But I Don’t Want To Rock The Boat With The Other Parent

This is a very interesting situation especially when the parents are not married. This involves one parent worried about starting legal proceedings and making things worse. If you feel scared of the other parent, this can be perceived as weakness, you will be walked all over and you will never get more parenting time. You need to immediately contact a skilled attorney and file a petition for joint custody as well as a request for immediate parenting time.

If the other parent is threatening to leave, then that should be brought to the attention of the court. If you want to get rights, you need to go to the court and get rights, especially when the parents are not married. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

Goldman and Associates Law Firm is here to provide you with information about Summer Legal Issues in The State of Michigan. Goldman and Associates has years of experience and knowledge on Family Law in Michigan. Contact us today if you have any questions regarding Michigan Law.

[Video] What You Need To Know If You Are Involved In A Firework Accident!

July 4th is a holiday that is commonly celebrated with the use of fireworks. However, this year is unique because many cities have cancelled their firework displays. As a result of this, this will lead to individuals not being able to watch a firework show, so they will probably buy fireworks for themselves. The problem is that a good percentage of these people have no experience with the handling of fireworks.

All it takes is one little mistake to turn into a major accident. If you need any help with a personal injury case or other legal matters in The State of Michigan. Contact Goldman and Associates to speak to our top attorneys in Michigan and get the outcome you want!

Goldman and Associates Law Firm is here to provide you with information about Summer Legal Issues in The State of Michigan. Goldman and Associates has years of experience and knowledge on Family Law in Michigan. Contact us today if you have any questions regarding Michigan Law.

6 Thing You Need To Know About Divorces with Children

6 Thing You Need To Know About Divorces with Children

Making the decision to get a divorce is hard, and it’s even more challenging when there are children involved. Nobody anticipates divorce when they get married and have kids, but unfortunately, things happen that may lead down that road. In this blog, we will be going over 6 things to consider before divorcing with children. If you share children with your spouse, then you must be absolutely certain that you want a divorce. The presence of children adds a number of complicating factors that might cause you to reconsider if you were aware of them beforehand. 

  1. If you pursue a new relationship after the divorce, your former spouse can restrict your new partner’s contact with the children. This is especially true if the two of you are unmarried, family courts have historically been open to arguments that exposure to an unmarried, cohabiting couple is “immorality” which children must be protected from. If you are the non-custodial parent, this can greatly complicate your personal life and relationships.
  2. Even if there are no other harmful factors, any divorce can be traumatizing to your children. It is common for children who experience their parent’s divorce to develop behavioral and psychological problems as a result. As a parent, it is up to you to take your child’s interest into account before making such a life-altering decision. Please consider whether or not you might be willing to wait until after your children are living on their own before getting a divorce.
  3. Divorce with minor children runs the risk of interfering with the relationships between that minor and their grandparents and extended family. Custodial parents reserve the right to restrict the contact between such relatives and the children in their custody. It is not unheard of for grandparents and uncles to become proxies in disputes between former spouses. Once your children become adults, those relationships will become self-sustaining. Furthermore, living in one household creates more opportunities to interact with extended families, especially during the holidays.
  4. Divorcing with children is expensive. You will lose all of the savings you would enjoy from sharing expenses with your spouse, not to mention the loss of tax and other benefits. In addition to this loss, you might end up paying child support. In theory, child support is meant to be equivalent to the support your child would have received if you had stayed married. In practice, if you are the non – custodial parent, then your “in-person” support as a parent is being replaced by money payments. You will likely end up paying more for your child than you did while married.
  5. A divorce with children will take at least three times as long as a childless divorce. This is required by Michigan law in order to ensure the well-being of the children. The whole divorce process is never pleasant, but waiting until the children move out can make it go a lot faster. This lengthening of the process makes the whole divorce process more expensive. You will end up paying way more in court and attorney’s fees if the divorce involves child custody and support. Furthermore, the involvement of children means that the court will continue to be involved even after finalizing the divorce. 
  6. There are often alternatives to divorce. There may also be some means by which you can temporarily or permanently mend the relationship between you and your spouse. When there are no children involved, these alternatives may not seem worthwhile. But all of the inconveniences of a divorced life when there are children shared by the former spouses can make these alternatives more attractive. It would be wise to consider these options before subjecting you and your family to split holidays, disrupted lives, emotional trauma, and the financial burden that would accompany a divorce. 

Conclusion

Divorces are never easy, this is why you need to speak to an attorney before you do anything else. With the right attorney from Goldman and Associates, you can get the best advice possible and maybe even avoid a majority of the trouble that comes with divorces. If there are children in the relationship then it can be even more difficult to go through with a divorce. Goldman and Associates Law Firm has the best attorneys to help with your case. You will get the outcome you desire with Goldman and Associates, give us a call today.

For more information on divorces in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about divorce in Michigan. 

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428 

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

https://www.youtube.com/watch?v=Rck5ssYUPMs 

Resources 

http://akivagoldman.com/ 

https://www.youtube.com/watch?v=QdoOAHv9PQo&t=2s