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October 2017 Archives

Best Interest Factors: What are they?

Whether the court is determining the initial child custody order, or modifying the order after a judgment has been entered, they will consider the "best interest factors." The best interest factors help the referee or judge determine what custody or parenting time arrangement is truly in the best interests of the children.

Annulment versus Divorce

An annulment proceeding is instituted to obtain a ruling that a valid marriage never took place, because of a defect existing when the parties were married. A divorce proceeding is used to terminate a valid marriage, for reasons that occurred after the marriage took place. In Michigan, the statutory grounds for divorce is that there has been a breakdown in the marital relationship, to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood that the marriage can be preserved. 

What is a collaborative divorce?

A collaborative divorce is one in which a couple hires attorneys, solely for the purpose of settling the case. Generally, a team of professionals assists the couple in dividing their assets, creating a parenting plan, and working together to come to an amicable resolution of any outstanding issues. In addition to the attorneys, the other professionals may include a financial advisor, child specialist, and/or therapist.

Tax issues to consider during a divorce.

1.) Child support Exemption. Child support is neither deductible, nor taxable. That being said, the dependency exemption can only be used by one parent. Generally, the parent that has primary physical custody, can claim the exemption; or, the parties can alternate the exemption each year.

What questions to ask during your divorce consultation?

When your relationship has reached the point where divorce is imminent, you may realize that you need a divorce consultation, but may not realize which questions to ask or where to begin. Below is a list of questions that may help you more fully understand the divorce process and what your rights are:

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