Giordano Law, PLCGiordano Law, PLC2026-06-18T15:29:50Zhttps://www.giordanolawplc.com/feed/atom/WordPress/wp-content/uploads/sites/1605517/2020/05/cropped-site-identity-32x32.jpgOn Behalf of Giordano Law, PLC<![CDATA[Protecting a 529 college savings account in divorce]]>https://www.giordanolawplc.com/?p=469172026-06-18T15:29:50Z2026-06-18T15:29:50ZWith 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=469122026-06-18T15:24:58Z2026-06-18T15:24:58ZLegal 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=469072026-06-18T15:23:29Z2026-06-18T15:23:29ZIt 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=469052026-06-18T15:20:28Z2026-06-18T15:20:28ZWhen 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=469142026-06-18T15:27:44Z2026-05-25T20:47:08ZMarital 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=469032026-05-07T19:31:58Z2026-05-07T19:31:58ZHow 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=469022026-05-07T19:28:03Z2026-05-07T19:28:03ZHow 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=469012026-05-07T19:27:14Z2026-05-07T19:27:14ZMixing 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=468992026-05-07T19:25:52Z2026-05-07T19:25:52ZWhat “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=469082026-05-07T19:30:11Z2026-04-30T23:57:43Zcommon 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.]]>