Family Law Blog

It is spring and that means spring cleaning, spring planting, and ... taxes.  While preparing one's taxes is one of the spring tasks we love to hate, tax planning this year is significantly more difficult and potentially important than ever. The legislators in Washington and Lansing are all busy trying to find ways to raise more money.  One simple way to do that, especially given the apparent difficulty of passing legislation, is to let prior tax laws with sunset provisions expire.

There is a lot of information on the web about divorce.  There are also low-cost and no-cost kits available.  Do you have enough information to handle your own divorce?

Sometimes, the answer is yes, especially if your spouse and you have no children and not much property.

More often the answer is, "You are taking a huge risk." Remember your Judgment of Divorce can often not be modified, unless both spouses agree.  If you have left out something that favors you, it's unlikely that your spouse will agree to change it later.

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.   

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.

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.

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.