Family Law Blog

More stressful than any economic crisis is the personal upheaval that often accompanies divorce and family law matters.  Court battles are seldom a “smart” option and they are never affordable.    In Michigan and around the country, out-of-court family law options are becoming increasingly popular.

If anything good has come out of the current economic downturn, it is a sense that people are increasingly willing to demand new, smarter ways of solving some of life’s most important issues.  Having witnessed the expensive and traumatic divorces of friends and family members over the years, many people are insisting they do NOT want “their parents’ divorce.”  Many couples and families dealing with divorce, custody and property issues are relieved to learn about out-of-court family law options that are much more affordable – and also truer to their values.   

Do Tiger and Elin have a prenuptial agreement? No one is saying.  However, agreements that determine what share of a large estate each spouse will receive in the event of divorce are common, especially when a person of modest means marries someone with considerable wealth.

When non-traditional families (gay and lesbian partners) or blended families (partners who have step children) separate, the courts in Michigan seldom have the authority to deal with all their issues.  In the case of gay or lesbian partners (even if you have married in states that sanction marriage), the court will not have jurisdiction.

Because of the intense public interest in Tiger Woods’ family problems, Elin and Tiger can take proactive steps to deal with their divorce problems in private.  Using Mediation or Collaborative Practice based dispute resolution can provide a win-win for both of them and can shelter their children from a public spectacle.

Please click here to download the Family Law PDF document, written by Karen Sendelbach.

Every child in Michigan has two fundamental rights: the right to have a relationship with each of his or her parents, formulated to be optimal for that particular child; and the right to be financially supported by both parents. This article focuses on the method by which Michigan calculates the appropriate amount of financial support parents are required to provide for their children, and highlights some significant recent changes in the Michigan Child Support Formula.

When O, the Oprah magazine, focuses on new trends in divorce and personal finance, you know that the trend is on its way to mainstream acceptance. (See "Divorce, Interrupted" in O, The Oprah Magazine, May 2009.) For many couples on the verge of divorce confronting today's harsh economic realities, the time is right to reconsider old notions of divorce as a "battle" to be played out a with maximum drama in a public courtroom. In any divorce, careful legal protection of the parties' interest is absolutely critical -- but there is no reason why legal "protection" must be needlessly expensive or damaging to families. It's becoming increasing popular to use legal methods that are smarter, more private and more effective.

Mediate First. The worldwide financial crisis has taken a huge toll on families' investments and home equity balances. The good news is that this may be the perfect time to rethink, as a society, how we handle troubled marriages and divorce. Mediation is gaining acceptance as the smarter, more responsible and more affordable alternative to traditional divorce proceedings (and the "battle" mentality).

Most people new to divorce have no idea how to frame statements or create options without reacting judgmentally. Some attorneys can provide useful ideas about how to do this or role-play it with you. Or, perhaps more effectively, you can seek out a divorce coach who can teach you these skills. You will not regret this learning as it will stand you in good stead in future difficult discussions throughout your life, e.g., with your boss, your children, or your colleagues.

• Have a theory of your situation.
  • It is not sufficient to say that you have been the primary caregiver or that your spouse has the capacity to earn a reasonable living.
  • You must put your theory into the context of the future family, livng in two households.
  • If we wish to continue the fine job we have done of raising our children without a lot of outside help, it might be wise to to continue the children in my primary care for a year or two while I upgrade education/license/professional network.
• Do a budget for your future. The link to the one we use at Nichols, Sacks, Slank, Sendelbach & Buiteweg, PC is here.
  
  • Work from raw data when possible, such as utility bills, mortgage statements, insurance invoices, tax bills, etc.
  • Does your budget take into account the needs of your spouse? It is not realistic to prepare a budget that needs all or a huge percentage of the families after tax income for your household while the other spouse has less than enough to meet basic needs.
  • Are you reasonably aware of your income from all sources?