Giordano Law, PLCGiordano Law, PLC2024-02-03T18:04:04Zhttps://www.giordanolawplc.com/feed/atom/WordPress/wp-content/uploads/sites/1600242/2020/05/cropped-site-identity-32x32.jpgOn Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=467612024-02-03T18:04:04Z2024-02-03T18:04:04Zhow the courts handle these cases is important.
Distance is key with a proposed move
Before a custodial parent decides to relocate with their child, there are several factors to remember. When there is a court order regarding custody, the child’s residence cannot be changed by more than 100 miles from the legal residence at the time of the order unless the court allows it.
Any obstacle to a parent moving with the child – regardless of the distance – may be mitigated if the other parent agrees to it or the court decides that it is good for the child. There are parents who are on good terms and are able to work through these issues on their own, coming up with a parenting plan that still works for them, even with a move. Often understanding the reasons why a move is being requested is the first step to analyzing this issue.
If the parents do not agree on their own, the court will assess the situation and decide if the move is in the child’s best interests. Perhaps the child’s quality of life will improve because of the move. They might have more positive living arrangement, access to better schooling and medical care. Sometimes, while the move may be better for the parent requesting it, the court will determine that it's not best for the child to be moved away from their other parent. Even if a move is granted, the court will want to know that the parents have adhered to the parenting time agreement and the attempted move is not to interfere with the relationship between the non-moving parent and the child.
Both parents should understand the logistics of a relocation
Distance can be problematic when trying to adhere to the parenting plan. Not all parents are willing to alter the agreed-upon schedule to accommodate the other parent’s desire to move. For some, they simply need to alter the parenting time agreement to fit in with the new circumstances. Regardless, it is vital to be protected with this or any other area of family law.
]]>On Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=467582024-02-03T17:55:58Z2024-02-03T17:55:58ZUnderstanding this process can help anyone considering a divorce decide whether to proceed.
It is important to note that there are several processes for getting a divorce in Michigan, including the Collaborative Divorce process and an alternative dispute resolution method which begins with negotiations prior to any filing with the Court. In this blog, however, the more "traditional" process of filling for divorce is discussed.
Residency and waiting periods
Anyone wishing to seek a divorce from a Michigan court must have resided in the state for 180 days before filing the Complaint for Divorce. Only one spouse needs to have lived in the state to confer jurisdiction on Michigan courts.
In a traditional divorce process, the next step is to draft and file the Complaint for Divorce. The Complaint must provide basic information about the filing party and any children. The Complaint must then be served upon the other spouse.
The parties are then required to wait for the mandatory waiting period to expire. For couples with no children, the waiting period is sixty days; for couples with children, the waiting period is six months. The waiting period is intended as a "cooling off" period to give couples time to sort out matters such as child custody and support and state-mandated parenting classes.
Exchanging information
After the matter is filed and the waiting period is tolling, the parties will likely engage in discovery. This is where they exchange and obtain personal and financial information including employment status, sources of income, property values, debts or court obligations, and motor vehicles owned by that person.
Drafting a settlement agreement
While it may be surprising, many couples are able to settle their divorce on their own terms, usually with the help of their attorneys or other forms of alternative dispute resolution. If this occurs, a Judgment of Divorce containing the agreements between the spouses regarding matters such as child support and custody, division of assets, and spousal support is signed. This document is then submitted to the judge for the purpose of determining whether its terms are fair and equitable. The spouses must comply with the terms of the settlement agreement as it is a binding contract.
The divorce hearing
When it's time to submit the Judgment of Divorce, the court will schedule a hearing to finalize the matter. If the divorce and terms of the settlement agreement are accepted by both spouses, the court will sign the final judgment which dissolves the marriage and settles all issues, including child custody and support and property division.
If the parties are unable to settle on their own, the court will conduct a divorce trial and the judge will make the ultimate decisions regarding the issues. After the trial concludes, a Judgment of Divorce will be drafted which outlines the court's decisions which will then be entered, finalizing the matter.
While this gives a very general outline of the traditional divorce process in Michigan, this is not the only way to get a divorce. There are many options available to families based on their needs to desire. If you would like to learn about the options available to you, do not hesitate to contact us to discuss.
]]>On Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=467592024-02-03T17:58:21Z2024-01-18T16:42:23Zmarital property in Michigan. The portion of the retirement plan earned during a couple’s marriage will get divided. This is without regard to whose salary went into the retirement account or whose name is on the plan.
While in many cases spouses split their marital property 50-50, Michigan law does allow for adjustments based on equitability. Sometimes, it may be fairer to give one spouse more property.
There are a couple of exceptions to keep in mind. For one, federal benefit programs, including military retirement plan, have some additional rules and considerations.
Also, there are situations in which you may have saved a considerable balance in your account prior to marrying. Provided you can document this, you may be able to keep that portion of their account without dividing it.
How do I go about dividing up my retirement plan?
You have at least a couple of options.
You could request just to keep your retirement plan. However, you will likely have to trade off with your spouse by surrendering other property or agreeing to take on additional marital debt.
In the case of a pension, you will likely need to get an expert opinion on how much the pension is worth in today’s dollars before pursuing this option.
You could also divide up the retirement plan itself. There are options for doing so without incurring negative tax consequences.
In some cases, you or your spouse will need to agree to properly prepare a qualified domestic relations order, or QDRO, and, after getting the court’s approval, submit it to the retirement plan’s administrator.
West Michigan residents should make sure they understand how best legally to handle their retirement plans in a divorce. This is important question since people from different walks life have money, often a lot of their net worth, tied up in their retirement plans.]]>On Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=467572024-02-03T17:44:09Z2023-12-26T18:20:48Z
Both parties fully disclosed material information.
If your fiancée or spouse has brought up the idea of a prenuptial agreement, you may be wondering why they would want such an agreement. However, it is important not to take this personally. Just because your spouse is considering a prenup, does not mean that they are considering divorce. A prenup is simply a way to protect your assets in case things do not work out as planned. In fact, a prenuptial agreement may actually make a future divorce much more streamlined.
If you'd like to learn more about the advantages of a prenuptial agreement, please contact our office for a free consultation.
]]>On Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=467542023-12-13T21:13:17Z2023-11-27T21:48:16Zno-fault divorce states, you can cite to a “breakdown” of the marriage. This basically means that if you are filing for divorce, it is enough to say that you and your spouse are getting a divorce because you are no longer able to get along. You will not need to "prove" anything in order to get a divorce.
While adultery will not be cited in your divorce documents, it can still affect several divorce-related issues, such as:
Spousal support: Though Michigan is a no-fault divorce state, adultery and other factors leading to the divorce may be considered when evaluating whether to award spousal support and how much to award. While spousal support cannot be awarded just to punish the unfaithful spouse, courts can consider the impact an extramarital affair may have had on the marital couple’s finances and lifestyle when deciding on spousal support.
Property division: Courts in equitable division states like Michigan have the authority to decide how to divide up the marital assets fairly and equitably in the divorce. If the spouse who had the affair used marital funds to buy gifts for their affair partner or to provide for them in some way, the non-cheating spouse may be compensated for that.
Child custody: Courts will not prevent a parent from spending time with their child just because that parent was unfaithful to their spouse. However, child custody may be impacted if the non-cheating spouse can show that the affair negatively impacted the child or prevents the cheating spouse from being able to properly parent the child.
Infidelity can end a marriage and have long-lasting consequences. However, it is important to remember that in no-fault divorces, an affair is generally not a significant issue of relevance absent certain circumstances. If your spouse was unfaithful, consult with an attorney to find out more about how infidelity may impact your divorce.]]>On Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=467502023-11-22T11:26:18Z2023-10-26T17:43:11ZCommunity property v. equitable distribution
Each state follows their own laws when determining how to divide up the marital property in a divorce.
Marital property is generally any property acquired by the couple during the marriage. Separate property, or property belonging to only one spouse or acquired by one spouse prior to marriage, can become marital property if the other spouse contributes to the property. For example, if the marital home is in one spouse’s name but marital funds are used to renovate the property, it may then be considered marital property.
Many states, including Michigan, are classified as equitable distribution states where marital property is divided fairly and equitably between the spouses. It is up to the court to decide what is considered “fair and equitable.” In Michigan, the courts may consider several factors when making this determination including:
Duration of the marriage.
Ages and health of each spouse.
Income earned by each spouse and each spouse’s potential to earn income in the future.
Whether the couple has minor children and the children’s needs.
Each spouse’s financial and non-financial contributions during the marriage.
Many people have certain assets that they would like to walk away with in the divorce. Our office can help you determine a property division that is fair and means the most to you.]]>On Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=467472023-11-09T22:38:32Z2023-10-11T19:15:08Zstandard of living.
Spousal Support overview
If you are ordered to pay spousal support by the court, it may be ordered as a monthly payment that is modifiable as to duration or amount upon change in circumstances. Such change in circumstance could be until your spouse can obtain education, job training or other skills to become financially stable or until your income reduces, amongst many other things.
Support amount
The court will decide the duration and amount of spousal support based on many factors, including each spouse’s financial resources, earning capacity, length of the marriage and whether you and your spouse have a prenuptial or postnuptial agreement. Your age and your health, as well as your spouse’s, are also factors that are taken into consideration when determining spousal support requests.
The court may also consider your and your spouse’s contributions to the marriage, which includes work outside of the home and in the home, like raising children and maintaining the residence. Additionally, the division of marital property can also play a role in a spousal support determination.
The specific amount of spousal support and its duration will vary depending on your individual circumstances. If you'd like to learn more about spousal support, contact our office for a free initial consultation.]]>On Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=466742023-10-05T18:40:02Z2023-09-27T19:37:37ZChanging support orders
Some Michigan residents have the Friend of the Court revisit their support orders every 36 months. Indeed, you too may request the Friend of the Court’s help every 36 months. Either parent can also file a motion to modify the order if they believe there has been a significant change of circumstances to warrant a change in the child support order.
When requesting a support modification, the courts may ask you to provide things like your most recent pay statements, tax income documents like 1099s and W2s and other relevant financial information. You need to be able to prove to the court that your request to modify the order is justified. So,whether you are seeking an increase or decrease in support, you must establish clearly the change in circumstances with verifiable proof.
Final thoughts
Either parent may ask the courts to modify child support orders. You and our ex-spouse may also reach an agreement through alternative resolution methods over changes to present to the court.
If the situation is contentious, or you cannot reach an agreement regarding modifying an original order, you can ask the court to weigh in on the disagreement. Life changes are to be expected following divorce, so Michigan courts will hear your request, and they have the ability to approve, modify or deny your request.]]>On Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=466722023-09-22T21:17:43Z2023-09-11T17:52:05ZProcess
In a Collaborative Divorce, each party is represented by their own legal counsel who is trained in the Collaborative Divorce Process. The parties and their attorneys, along with a neutral divorce coach, will meet as a team to talk about the issues they need to agree on and the team signs a Participation Agreement at the start of the case. The team may also consist of other professionals if necessary as well, such as a Financial Neutral.
The team will work together in a series of confidential meetings to help the parties reach an ultimate agreement.
Settlement agreement
Once the parties reach an agreement, the parties’ attorneys can Judgment of Divorce to reflect the terms. The Collaborative team frequently also uses neutral filing documents, called a Joint Petition, to file for divorce rather than a traditional Complaint for Divorce. Just like in every case, the court will ensure that the property division is equitable to each party, meaning that the division of the property is fair and that child-centered agreements are in the child’s best interest.
For a quick explanation on how Collaborative Divorce is different, click to watch this video. When you are ready to discuss a Collaborative Divorce further, contact our office for a free consultation.
]]>On Behalf of Giordano Law, PLChttps://www.giordanolawplc.com/?p=466702023-10-05T18:34:36Z2023-08-29T18:05:41ZThe clean split option
Sometimes, the simplest option is the clean split option: sell the home and split the proceeds. This could be the best option if neither party wants the home or if neither can afford the home on their own.
There are pros and cons to seeing the home. Pros of selling might be that parties may be able to avoids conflicts over future costs, like taxes, maintenance, repairs, etc. or that each party can get a fresh start. Cons, however, could be the reduction in profit due to selling costs or the idea of finding new housing or leaving a home that either party might love.
The buy-out option
The buy-out option is where one spouse keeps the home and buys the other out of their portion of the equity. This can be a great option if one spouse can afford the home and the buyout, especially if parents want kids to still have the familiarity of the family home available to them.
Some difficulties that may be presented with this option could be cost. Many times, the buy-out option requires the party keeping the home to refinance or have enough cash on hand to pay off the other spouse. Moreover, the parties will have to agree on the value of the home, which, especially in today’s market may not be easy.
Nesting
Another option for parties with children is to share, and not sell, the home. This is called nesting. In this arrangement, parents take turns living in the family home with the children. When a party is not with the children, they find alternate housing or, in some circumstances, parties share a second apartment for when they are not in the family home.
Nesting may allow for stability for the children but it is complicated. This requires ex-spouses to work together and theoretically share space for as long as you nest. Usually, this is easier tolerated for a temporary period of time while the divorce is going on.
Renting
Yet another option is to rent out the family home. This may be the best option if parties cannot (or don't want to) sell the home for any reason. It will allow them to split the income and preserve the equity, but they will still have to work together to resolve landlord responsibilities and property maintenance.
If you are interested in which option may be best for you, contact our office for a free consultation.]]>