Posts

Legal Custody vs. Physical Custody

The issue of child custody can come up in a variety of legal situations.  When there are minor children in a divorce case, the court must determine issues of legal and physical custody of the parties' children.  Likewise, when parties are not married, one party may choose to file a petition to determine custody and parenting time.  When one parent receives certain types of public assistance, the Department of Human Services may choose to file a petition for child support which will automatically trigger a determination of child custody if it has not already been established.  In all of these situations, the court will determine both legal custody and physical custody which each have very different meanings and implications. Legal custody is essentially a determination of who will make major life decisions for the parties' children.   As with all custody decisions, the court must decide what is in the best interests of the children.   A court may, and oftentimes does, assign

No-Fault Divorce - What Does it Actually Mean?

One of the most common questions I am asked is whether Michigan is a no-fault divorce state.  The answer is yes, but the term "no-fault" is misleading, and many don't understand what it actually means for Michigan to be "no-fault." The term "no-fault" means that to grant a divorce in Michigan, the court does not have to assign fault to one side. In some jurisdictions, a court may only grant a divorce if the court finds that one side violated the marriage contract, for example by committing adultery. This system can lead to unexpected results. For example, if a husband filed for divorce and alleged that his wife had been adulterous, the wife could respond that the husband had been adulterous too. In this example, the wife's allegation would be treated as a defense to the divorce, and if the court found that both sides had been adulterous, the court could dismiss the divorce, and the parties would remain married. Under Michigan divorce law,

Welcome - Why Michigan Divorce Blog?

Welcome to the Michigan Divorce Blog.  Aside from the death of a loved one, divorce is typically described as the most difficult and painful thing an individual can experience.  Along with the emotional toll that divorce can take on you and your family, the unknown can cause anxiety.  Divorce is a complicated legal proceeding, poorly understood by the general public, which is why having a competent attorney on your side is critical.  However, competent legal advice is also expensive, and with many attorneys, time is money.  Many people fail to share their concerns and questions with their attorney, knowing that the more questions they have, the more it will cost them.  The purpose of this blog is simple:  to provide insight from an experienced family law attorney licensed to practice in Michigan with the hope of answering commonly asked questions and addressing common concerns.  It is my hope that by doing this, I can help alleviate some anxiety associated with going through a divorce