Giordano Law, PLC Giordano Law, PLC 2026-06-02T09:42:47Z https://www.giordanolawplc.com/feed/atom/ WordPress /wp-content/uploads/sites/1600242/2020/05/cropped-site-identity-32x32.jpg On Behalf of Giordano Law, PLC <![CDATA[Should you move out before filing for divorce in Michigan?]]> https://www.giordanolawplc.com/?p=46903 2026-05-07T19:31:58Z 2026-05-07T19:31:58Z How moving out can impact property and financial outcomes Under Michigan law, moving out does not mean you give up your interest in the family home. The state follows an equitable distribution approach to property division. This means marital assets, such as the house, are divided fairly, though not necessarily equally. Still, leaving can affect how financial matters unfold. For example, if your spouse remains in the home, their maintenance or renovation decisions may affect the value of your eventual share of the equity. You may also continue to share financial responsibilities after you leave, including mortgage payments, utilities, property taxes and insurance. If these expenses are not clearly documented or agreed upon, disputes can arise later regarding who paid what or how these costs are credited in the final settlement.

The potential effects on parenting time and custody

While living arrangements can influence parenting schedules, they are only one factor courts consider. In Michigan, custody decisions are strictly based on the child’s best interests. This means moving out generally does not automatically harm your legal standing or determine the final outcome of the case. Relocating can inadvertently establish a 'status quo.' If you spend fewer overnights, the court may view the remaining parent as the primary caregiver when setting temporary schedules. To mitigate this risk, it is essential to stay active in your child’s routine. Maintaining a consistent presence helps preserve balance and reinforces your ongoing role as a parent during the transition.

When moving out may make sense—and when it may not

In some cases, leaving the residence can create a healthier environment. This matters when tensions affect daily life. Safety concerns also play a key role in this decision. In other situations, staying in the home may provide stability, especially when children are involved. Each case depends on the facts, including your children’s needs and the length of separation before filing.  Before making major changes in your living arrangements, contact us to discuss the pros and cons.]]> On Behalf of Giordano Law, PLC <![CDATA[Can you change your last name during a divorce in Michigan?]]> https://www.giordanolawplc.com/?p=46902 2026-05-07T19:28:03Z 2026-05-07T19:28:03Z How do you change your name? You can request a name change as part of the Michigan divorce process. No separate legal process is required to complete this. Similarly, you do not need to pay additional fees or provide any justification to change your name. Keep in mind that reclaiming your last name is not automatic. You must actively request the name change during the case. After approval, the court officially restores your former name in the final divorce decree.

What if you are already divorced?

If you did not request a name change during the divorce process, you still have options. Under Michigan law, you can file a separate name change petition if you are already divorced. The process involves:
  • Filing a petition in circuit court and paying the necessary fees
  • Publishing a notice in a local newspaper to inform the public of your intended name change
  • Attending a court hearing where a judge will review your request
Changing your name this way typically takes several weeks to complete because courts need time to investigate your background. This helps them determine if you are changing your name to avoid paying debts or fulfilling legal obligations.

Reclaiming your identity

Changing your name after a divorce in Michigan is your legal right. Whether you do it during the divorce or afterward, adopting your old name helps you rebuild your identity. Making this decision for yourself establishes your independence, allowing you to begin anew on your own terms.]]> On Behalf of Giordano Law, PLC <![CDATA[3 mistakes to avoid during the divorce process in Michigan]]> https://www.giordanolawplc.com/?p=46901 2026-05-07T19:27:14Z 2026-05-07T19:27:14Z Mixing separate and marital property In Michigan, property is divided into two categories. Marital property refers to assets belonging to you and your spouse, and is typically subject to division during a divorce. In contrast, separate property refers to assets that solely belong to one person. The mistake of commingling occurs when these two distinct property types are mixed. Michigan law gives courts broad authority to distribute property equitably. However, commingling can interfere with the court’s ability to determine which assets are marital, making it more difficult to achieve a fair distribution.

Treating custody like a battle

Another major mistake you need to avoid is treating custody like something you must fight for and win. Failing to cooperate with your spouse can show an unwillingness to co-parent, which may harm your position. In Michigan, custody decisions prioritize the best interests of your child. This means that court-ordered parenting time focuses on what your child needs rather than what each parent prefers. This can help ensure that your custody agreement maximizes your child's safety and stability.

Hiding financial records

Courts expect full financial disclosure from both spouses. Being dishonest can affect settlement talks, temporary orders and final rulings. If the court suspects you are withholding important financial information, you may face problems such as:
  • Higher legal fees due to additional financial investigations
  • Delays that keep you in temporary arrangements longer
  • Loss of trust, making it harder to reach an agreement
It is important to be honest with your financial disclosures. One of the best ways to do this is to build a clear paper trail. When it comes to divorce settlements, the evidence you present can impact the court’s decisions.

Protecting your interests during divorce

Understanding these pitfalls helps you make wiser decisions during a divorce. By approaching the process with honesty, respect and care, you can protect your assets and preserve your relationship with your child.]]> On Behalf of Giordano Law, PLC <![CDATA[What exactly is an amicable divorce?]]> https://www.giordanolawplc.com/?p=46899 2026-05-07T19:25:52Z 2026-05-07T19:25:52Z What “amicable” often looks like in practice In many situations, an amicable divorce means both people try to move through decisions without friction. Conversations remain polite and the process can move quickly. There is often a shared goal to resolve things efficiently and avoid escalation. At the same time, this approach can narrow the space for deeper discussion. Important details may not receive the same level of attention, particularly when raising questions feels like it might disrupt the tone that has been set.

When calm starts to replace clarity

A low-conflict process can sometimes shift focus away from issues that carry long-term impact. If one spouse has more knowledge about finances or assets, for example, that difference may remain unaddressed. Decisions may feel straightforward in the moment but become harder to revisit later. There can also be an unspoken pressure to maintain cooperation. That pressure may make it more difficult to slow down, ask for clarification or return to earlier agreements.

The role of disagreement in a healthy process

Not all disagreement signals a problem. In many cases, it helps bring important details into view. Taking time to understand financial, legal and practical implications can support more stable outcomes. A respectful process can still include careful review and thoughtful negotiation. These steps may take more time, but they often lead to decisions that feel more grounded.

A more balanced way to approach amicability

Amicable does not have to mean effortless. It can mean staying respectful while making space for clarity and informed decisions.  As you move through the process, it may help to ask questions even when they feel uncomfortable and review agreements with a focus on long-term impact before finalizing decisions.  This does not mean the process is no longer amicable - it simply means it is focused.  Contact us if you would like to learn more how we can help you through an amicable, focused divorce matter.    ]]> On Behalf of Giordano Law, PLC <![CDATA[Will summer break inspire child custody changes?]]> https://www.giordanolawplc.com/?p=46908 2026-05-07T19:30:11Z 2026-04-30T23:57:43Z common reason for these alterations. Below are a few questions to ask at this time.

Will the same schedule work?

First and foremost, are you going to be able to make the same child custody exchanges over summer break? It largely depends on your work schedule, which may remain the same even though the children no longer have to be at school during work hours. Modifications to the custody schedule may be necessary until school starts back up in the fall.

Will you be taking time off?

Next, parents have to consider their own summer plans. Are you thinking about taking any trips with the children or using your own vacation time? If so, you may need to modify the custody arrangement to have an extended period where you can take the children on a trip, and it’s wise to communicate your plans to the other co-parent well in advance.

Who authorizes childcare?

Finally, coparents may need to discuss childcare. If someone else needs to watch the children while you are at work, how do you and the other coparent decide which daycare, babysitter or extended family member is allowed to provide transportation and day-to-day care? What do you do if there is a disagreement? These are just a few common questions over summer break. Coparents need to understand their parental rights and the steps to take to modify any existing custody arrangements. Seeking legal guidance is always advised, as custody and parenting time orders are complex.  If you have questions about your summer custody arrangements, contact us for a free consultation.]]> On Behalf of Giordano Law, PLC <![CDATA[What are the disadvantages of a contested divorce?]]> https://www.giordanolawplc.com/?p=46898 2026-04-07T11:46:12Z 2026-04-07T11:46:12Z Many couples hope for a peaceful separation but find themselves in a dispute over key aspects of their lives. A contested divorce arises when spouses cannot agree on crucial issues such as property division, financial support or child custody. While you may feel the need to fight for what you deserve, you should understand the heavy price of a courtroom battle. Choosing to fight every detail often leads to consequences that last far longer than the marriage itself.

Financial costs

Contested divorces drain your bank account quickly. Litigation fees add up to dollars that you could otherwise spend on your children's education or your own retirement.

Emotional toll

Constant legal battles create a toxic environment for everyone involved. The stress of a courtroom fight often prevents parents from communicating effectively about their children. This animosity leaves lasting scars and makes future co-parenting very difficult.

Loss of control over outcomes

When you take your case to a judge, you surrender your power to a stranger. A judge does not know your family’s history or your children’s unique needs. They follow strict legal guidelines that may result in an arrangement that fits neither person's life. In a trial, you receive an order that you must follow, regardless of how inconvenient it becomes.

Prolonged timeline

A contested divorce often takes much longer to finalize. This delay keeps you in a state of constant uncertainty and prevents you from moving forward after ending your marriage. You spend your weekends gathering documents and your weekdays attending hearings instead of focusing on your future.

Seek peaceful alternatives for your family

Mediation or collaborative divorce can allow you to save time and money while preserving relationships. These paths allow you to negotiate in a private, respectful setting where you maintain control over the final decisions. Choosing a peaceful avenue helps you save money and protect your children from unnecessary conflict.  Litigation is sometimes necessary, but it's never ideal.  If you'd like to learn more about your options for divorce, contact us to learn how we can serve your family in finding a peaceful resolution.]]> On Behalf of Giordano Law, PLC <![CDATA[How can you defend against a child custody modification request?]]> https://www.giordanolawplc.com/?p=46895 2026-01-26T17:58:30Z 2026-01-26T17:58:30Z motion to modify custody, it is their burden to prove that the modification is in the child's best interest.  Additionally, it is up to you to defend the existing custody order if you believe that it remains the best arrangement for your child. There may be several ways to do this, including:
  • Providing evidence regarding the credibility of the other parent and their witnesses if you believe misinformation presented is being presented.
  • Gathering contradictory information to the allegations that are being made.
  • Contextualizing any legitimate issues raised by the other parent.
  • Showing how you’ve taken steps to alleviate whatever concerns have been brought to the court’s attention, if any.
  • Showing how the proposed modification is detrimental to your child and, conversely, how the current arrangement remains in your child's best interest.
A motion to modify custody can feel like a punch to the gut. If faced with one of these requests, you must diligently work to develop a sound legal strategy that protects your credibility and integrity while also shielding your child’s best interests.  Contact us for more information on how we can help.]]> On Behalf of Giordano Law, PLC <![CDATA[Tips for keeping your sanity during divorce]]> https://www.giordanolawplc.com/?p=46894 2025-12-29T16:41:03Z 2025-12-29T16:41:03Z protect your mental health by doing the following:
  • Allow yourself to grieve the loss of your relationship.
  • Seek out mental health support in the form of therapy or counseling.
  • Surround yourself with family, friends and support groups where you can vent your emotions and find the support you need in the toughest of times.
  • Practice self-care by getting plenty of rest, eating healthily and engaging in activities that you find enjoyable.
  • Establish a new routine that gives you a sense of normalcy.
  • Set goals for your future so that you have something to work toward.
  • Avoid entangling your children in your divorce so that you don’t disrupt your relationship with them.
  • Develop a sound legal strategy that puts your mind at ease and that protects your future.
We know that you have a lot on your plate as you navigate divorce. But don’t let the process consume you. Instead, find ways to take control of your marriage dissolution. That’s the only way to ensure that you’ve done everything possible to protect your interests and your future. If you want to learn more about the best way to build your marriage dissolution case, then consider discussing the matter in-depth with an experienced professional.]]> On Behalf of Giordano Law, PLC <![CDATA[What are the advantages and drawbacks of mediation?]]> https://www.giordanolawplc.com/?p=46891 2025-12-15T15:03:35Z 2025-12-16T10:32:17Z divorce mediation, the couple will discuss their unresolved issues with a trained professional called a mediator. Usually, the mediator is an attorney with family law experience, although sometimes trained mediators are not attorneys. The process is confidential. What gets discussed at a mediation may not later be used against a person in court. The process is also voluntary. So long as they make a good faith effort to resolve their disputes, either side can walk away from the mediated negotiations at any time. Of course, if an agreement gets signed and approved, then courts will enforce that agreement. There are several advantages to mediation:
  • There is always some risk to taking one’s case before a judge. The judge may not see the case in the same way as a spouse does and issue an unfavorable ruling.
  • Mediation can happen well into a case, but many choose to do it earlier rather than later since it usually saves time and money.
  • Divorce hearings are usually public affairs that often involve airing of dirty laundry. On the other hand, mediation is private. A court may approve and file the couple’s agreement, but there will be no record of the discussion.
  • Mediation can often set a tone of cooperation and compromise that is good for both the couple and their loved ones, especially their minor children.
There are some disadvantages as well, although no one should rule out mediation. The process can be both safe and successful even in difficult circumstances:
  • The couple has a difficult time reaching compromises with each other and may be even in the cycle of deliberately disagreeing with the other side. In this case, mediation may well be a waste of time.
  • Even if both sides can disagree civilly, they may be so far apart on an issue that is difficult to compromise. For example, if both parents want primary custody, coming up with a solution can be hard.
  • Factors like domestic violence, drug use, or simply lack of trust can impact a mediation.

Keep an open mind about mediation

Mediation is not right for every divorce case, but in many situations, it is a great option. A Grand Rapids resident going through a divorce should make sure they fully evaluate mediation along with their other alternatives.  Contact us to learn more about the Alternative Dispute Resolution processes available to divorcing parties and how we can help.]]> On Behalf of Giordano Law, PLC <![CDATA[Should you use AI in preparing your divorce case?]]> https://www.giordanolawplc.com/?p=46890 2025-12-15T14:59:18Z 2025-12-15T14:59:18Z Should you use AI in your divorce? AI can be a great tool for securing a foundational understanding of the divorce process and the legal issues you’ll confront. For example, if you want to better understand what goes into the best interest determination in a child custody dispute, AI can give you a quick overview. Or it can help you understand how the court considers a request for alimony. But there are risks associated with AI overuse. These include:
  • AI missing nuances in the law and in the facts of your case.
  • Erroneously thinking that AI can somehow assist you in presenting your arguments in court.
  • Assuming that AI will give you the best legal strategy in your case.
  • Putting too much trust in AI given the confidence it exudes when it provides you with answers to your questions.
  • Assuming that the information provided by the AI system is up-to-date and from the correct jurisdiction.
So, if you’re going to use AI to assist you in your divorce, you need to be careful with how you do so. And you also shouldn’t view AI as a replacement for competent legal representation from a family law attorney.

Do you have lingering questions about the best way to approach your divorce?

If you do, then now is the time to seek answers. That’s the only way you’re going to be able to enter your case armed with strong legal arguments targeted at securing the outcome that you want. Reading our blog and the rest of our website might be a good first step and set you on a path to success.  We then encourage you to contact us to schedule a consultation to learn how we can assist you and your family in your divorce.]]>