Giordano Law, PLC Giordano Law, PLC 2026-10-02T14:47:04Z https://www.giordanolawplc.com/feed/atom/ WordPress /wp-content/uploads/sites/1605518/2020/05/cropped-site-identity-32x32.jpg On Behalf of Giordano Law, PLC <![CDATA[Can you modify custody or parenting time after divorce?]]> https://www.giordanolawplc.com/?p=47694 2026-09-30T11:29:05Z 2026-09-30T11:29:05Z Parenting time and custody aren't the same Before you file anything with the court, you need to know what you're actually asking to change. Custody refers to who gets to make major decisions about the child's life. This involves things like education, healthcare and overall upbringing. Meanwhile, parenting time refers to the schedule. Basically, this decides when each parent gets to spend time with the children. You can seek more parenting time without changing who holds decision-making authority. You may also ask to modify custody and parenting time together, depending on the situation. The court treats these requests differently, and understanding this distinction helps you file the right motion.

Michigan requires proof of significant changes

Courts won't grant custody or parenting time change requests without solid reasons. You need to demonstrate a legitimate cause or a major change in circumstances since the divorce or last court ordered change. Here are examples that commonly meet this standard:
  • A parent relocating to another city or more than 100 miles away
  • A permanent or major shift in work schedules that directly affects time availability
  • Evidence that your child's needs have changed significantly due to age, health or educational needs
  • A parent consistently violates the current parenting time order
  • One parent develops substance abuse problems or mental health issues
Courts are usually less strict with requests for minor changes to parenting time compared to a custody modification.

What happens during a modification case

Once you file your motion, expect the court to schedule a hearing where both parents present evidence. You'll need documentation supporting your claims, like:
  • School records
  • Work schedules
  • Police reports
  • Witness testimony
The judge will always focus on what is best for your child, not what’s most convenient for you. And until the court makes a decision, you’ll need to follow your current custody or parenting time order.

Adapting your custody plan to your family's needs

Seeking a custody modification doesn't mean you're giving up or failing your children. It means you're adapting to real-world changes and prioritizing what works best for your kids right now. Sometimes the bravest thing you can do is acknowledge when your current arrangement no longer serves your family. Speaking with an experienced attorney can help you determine whether your situation meets Michigan's requirements and guide you for a smoother petition process.]]> On Behalf of Giordano Law, PLC <![CDATA[How unmarried fathers gain legal rights in Michigan]]> https://www.giordanolawplc.com/?p=47695 2026-09-22T10:14:07Z 2026-09-22T10:14:07Z Being a child’s biological father does not automatically give an unmarried father custody or parenting time in Michigan. For unmarried fathers, establishing legal parentage can be an important first step toward gaining legal rights and a formal role in a child’s life. Michigan law provides ways to establish a legal relationship with their children. After parentage is established, a father may seek custody or parenting time through the court. This can help create a formal plan for spending time with the child and making important decisions.

Establishing legal parentage

An unmarried father may establish legal parentage by signing an Acknowledgment of Parentage with the child’s mother. This document formally recognizes the man as the child’s legal father. It may be signed at the hospital after birth or later. If the parents do not agree on parentage, a court may determine paternity. Genetic testing may help establish whether a man is the child’s biological father. Once parentage is established, the father may seek custody or parenting time through the court. However, establishing parentage does not automatically give an unmarried father a custody schedule.  When a child’s parents are not married, Michigan law generally gives the mother initial custody unless a court orders otherwise. As a result, a father may need a court order to establish specific custody or parenting time rights.

Seeking custody and parenting time

After establishing legal parentage, an unmarried father may seek legal custody, physical custody or parenting time. Legal custody involves major decisions about the child’s education, health care and other important matters. When deciding custody and parenting time, Michigan courts consider the child’s best interests. The court may consider factors such as:
  • The child’s relationship with each parent
  • The child’s home, school and community ties
  • The child’s physical and emotional needs
  • The parents’ ability to provide proper care
  • The parents’ willingness to support each other
These factors can help the court determine an arrangement that serves the child’s needs. Legal assistance can also help you present relevant facts and address issues that may affect custody or parenting time.

When fatherhood becomes official

For an unmarried father, legal recognition means more than having his name on a birth record. It can establish his right to share in decisions about his child and seek parenting time.  In Michigan, biological fatherhood and legal fatherhood are not always the same, making formal recognition important when parents disagree about a child’s care.]]> On Behalf of Giordano Law, PLC <![CDATA[Protecting a 529 college savings account in divorce]]> https://www.giordanolawplc.com/?p=46917 2026-06-18T15:29:50Z 2026-06-18T15:29:50Z With the cost of college constantly increasing, many parents start saving for their child’s education as soon as they’re born. There are a lot of options to choose from.  Many parents include 529 college savings accounts in their college planning because they have numerous tax advantages. For example, contributions (deposits) are typically tax-deductible. Further, distributions (withdrawals) aren’t taxed as income as long as they’re used for educational expenses. This can include vocational, trade and technical school expenses. What happens to these accounts when parents divorce? To understand how to protect your child’s college savings, it’s important to understand some of their unique characteristics. For example, an account can only have one owner. The child is the beneficiary. That means the account legally belongs to only one spouse, but that does not mean the account may not be considered in the divorce. 

What can the parent who owns the account potentially do with it?

That spouse could conceivably close the account and use the funds in it for whatever they want, if they don’t mind paying the tax penalties. They can also keep it open and continue saving for their child’s education.  Because parents are allowed to change the beneficiary on the account (for example, to another one of their children), the account owner could potentially change the beneficiary later if they have another child with a new spouse or if they want to use it for their new spouse’s own educational expenses.

Options for a 529 account as parents divorce

Divorcing spouses who agree that they want to continue saving for their child’s education can roll part of the balance over to an account owned by the other spouse and avoid tax penalties. Parents can also help ensure that the owner of the 529 account doesn’t make any unapproved changes by putting an agreement in place that requires their approval for any distributions or beneficiary changes. They can also get a copy of the account statements when they’re issued to watch over things. A 529 account is often just one of a number of ways that parents save for their children’s future. That’s why it’s smart to address that overall commitment to saving in the divorce agreement.  No responsible parents want their children’s educational or vocational opportunities to suffer because they’re no longer together. With experienced legal guidance, parents can help ensure that they’re able to maximize their child’s access to educational opportunities.      ]]> On Behalf of Giordano Law, PLC <![CDATA[How is legal custody different than physical custody?]]> https://www.giordanolawplc.com/?p=46912 2026-06-18T15:24:58Z 2026-06-18T15:24:58Z Legal custody revolves around a parent’s ability to make decisions for their child, making it starkly different from physical custody. Often, both need to be divided during a divorce. It is important for parents in Michigan to consider the difference because many people just think of physical custody when considering their custody rights. They may either be trying to seek sole custody, so that the child lives with them all the time, or pursuing joint custody so that there is a more balanced schedule between parents. While this physical custody schedule is important, legal custody rights are equally valuable and must be understood.

What decisions must parents make?

The types of decisions governed by legal custody rights are those that can have a significant impact on a child’s life. Examples can include:
  • Healthcare and medical decisions
  • Educational decisions, such as enrolling the child in school
  • Religious decisions and determining what religion the child will be exposed to
Legal custody rights must be defined because parents may not always see eye to eye.  One parent may believe that a certain type of medical care is necessary while the other does not, for example. If the parents share legal custody rights, then they have an obligation to work together and compromise, and neither parent can independently make that decision. But if one parent has sole legal custody rights, then they can make the decision on their own. Whether you are going through a divorce and splitting up custody rights or addressing a dispute or disagreement, it is important to know exactly what legal options you have.]]> On Behalf of Giordano Law, PLC <![CDATA[How debt is divided in a Michigan divorce]]> https://www.giordanolawplc.com/?p=46907 2026-06-18T15:23:29Z 2026-06-18T15:23:29Z It is a high-stakes question because unlike a simple 50/50 split, Michigan law prioritizes equitable outcomes, which means your financial future depends on how a judge assesses your specific situation.

Which debts are marital?

Generally, any debt incurred during your marriage is marital debt. It does not matter whose name is on the credit card or loan document. However, there are exceptions:
  • Separate debt: This can include debt you had before you entered into marriage or debt you incurred after a divorce complaint was filed and the parties ceased cohabitating.
  • Wasteful spending: If one of you spent money on gambling or an affair, a judge may label that as a separate debt.
  • Student loans: These are often kept separate if only one of you received the education and the degree.
Because Michigan is an "equitable distribution" state, the judge’s goal is fairness rather than a strict 50/50 split; this means the judge has the discretion to shift debt based on your specific contributions and financial needs.

What happens when one does not pay their share

A common trap involves third-party creditors. A divorce decree is an agreement between you and your former spouse, not your bank. If the court assigns a debt to your former spouse and they default, the bank retains the legal right to pursue you for the full balance. Your only remedy is to return to court to file a Motion to Enforce or a "Show Cause" hearing to seek indemnification for any payments you shouldered due to the other party's noncompliance.

What to do while navigating the waiting period

Michigan law requires a waiting period before your divorce is final:
  • 60 days for couples without minor children
  • 180 days for couples with minor children ((which a court may shorten in specific cases of hardship)
This waiting period is your window to protect your credit. You may use this time to conduct "discovery"—the legal process of uncovering all hidden joint debts. To prevent your spouse from racking up new charges, you can ask the court for a "Mutual Restraining Order" order, which legally forbids either party from incurring non-essential debt during the proceedings. By being proactive now, you avoid being caught by surprise.   Contact us if you'd like to schedule a free consultation.    ]]> On Behalf of Giordano Law, PLC <![CDATA[Can you file for divorce in Michigan without a lawyer?]]> https://www.giordanolawplc.com/?p=46905 2026-06-18T15:20:28Z 2026-06-18T15:20:28Z When is a DIY divorce possible? A do-it-yourself divorce is most feasible in an uncontested case where both parties agree on all terms. Even then, Michigan has a mandatory waiting period before a judge can finalize the proceedings. The process can be straightforward with few shared assets and no children involved. However, even a minor disagreement can significantly complicate matters for an unrepresented spouse.

What are the risks of filing alone?

Even in seemingly simple situations, representing yourself carries substantial risks. Overlooking key legal rules or procedures can lead to costly mistakes that are difficult or impossible to correct later. You should be especially cautious in several high-risk scenarios.
  • Your spouse has already hired an attorney
  • The case involves dividing complex assets, such as a business or retirement accounts
  • Serious disagreements exist over child custody or parenting time
  • You have concerns about hidden marital assets or debts
These situations often require complex legal arguments that are challenging to handle without professional guidance. Before filing, honestly assess your circumstances by creating a complete list of assets and debts. If it is safe, discuss key terms with your spouse. Any resistance, pressure or inability to agree are strong indicators that you need legal counsel.

Protecting your rights during a divorce

While filing for divorce without a lawyer is possible, it can jeopardize your future financial security. An experienced attorney can help you understand your rights in various family law matters and navigate the legal system effectively. Seeking professional guidance helps prevent costly errors with long-lasting consequences and ensures your interests are protected.]]> On Behalf of Giordano Law, PLC <![CDATA[Are retirement resources divisible during divorce?]]> https://www.giordanolawplc.com/?p=46914 2026-06-18T15:27:44Z 2026-05-25T20:47:08Z Marital income and assets are divisible Under equitable distribution rules, spouses typically need to report income earned while married and any assets acquired with that money as part of the marital estate. They must work out an arrangement to split their property or go to court to litigate property division disputes. Pensions and retirement savings accounts are often in the name of one spouse. However, people fund them with income during their marriages. Any amount earned, saved or accrued during marriage is potentially part of the marital estate that spouses must divide when they divorce. There are special documents that can allow for the direct division of retirement savings accounts without financial penalties. Spouses might also use other assets or responsibility for marital debts to offset the value of retirement savings or pensions. The courts can also use spousal support as a way of dividing a pension once one spouse begins receiving payments. Knowing what property is divisible can help people work toward a reasonable divorce settlement. A thorough review with a family law attorney can help people understand the law and determine what property they must divide when they divorce.  ]]> 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.]]>