In this video I discuss the “myth” of pit bull lawyers and how, often times, all they do is inflame the situation making it more costly for you and your family. In my experience, 99% of the time, a thoughtful, reasonable attorney and counselor accomplishes more with less cost (financial and emotional capital) than lawyers who pound the table and scream and holler.
If you would like to confidentially discuss your family law matter, please contact me here.
A seemingly oxymoronic term, the uncontested divorce has hit the mainstream of late. While I think this is an excellent development since I am a collaboratively trained family attorney and believe knock down litigation rarely benefits most couples and families, I believe this style of divorce deserves a bit of explanation and clarification.
An uncontested divorce is a divorce where both parties agree on the major issues. These issues include;
Uncontested divorces are “easiest” when either (1) the parties have been married a relatively short period of time or (2) the parties do not have minor children. That said, if parties do have children, but agree in large party on all necessary requirements for the dissolution of the marriage, all that is needed is to file a Complaint for Divorce, memorialize the agreement and parties’ wishes in a Judgment of Divorce and have it entered by the Court. I have had uncontested divorces where only one party had an attorney. I always make it absolutely clear that I exclusively represent the rights of one party and have no legal duty or obligation to the other party. To ensure they truly understand (and to protect myself), I typically make them sign a letter and waiver to this effect. Parties can still engage in an uncontested divorce with each having their own lawyer (just to ensure each side is protected and the Judgment of Divorce and its terms are fair, reasonable and accurate).
All of this sounds great, right? The trouble comes when Party A believes it is/will be uncontested, hires their lawyer on that belief, and then Party B either immediately or as the case goes on dictates (either directly or indirectly) that the divorce is not uncontested. When this arises, expectations of both the attorney and party need to be discussed and addressed as this completely changes the landscape, timeline, complexity and costs of the case.
Limited scope representation lends itself quite well to uncontested divorces. With this, we can work to ensure you have the most flexible and cost-effective assistance (i.e. paying for a detailed consultation, preparing pleadings, reviewing documents or appearing for a pro confesso hearing). Limited scope representation lets you pick and choose what services you want and is more affordable depending on how much or little assistance and representation you want/need.
If you are interested in an uncontested divorce, please contact me and I will help you determine your options and best strategy.
If you would like to discuss any family law issues you may have, please contact me here.
In this video I discuss the ins and outs of spousal support a/k/a alimony and how it works in the State of Michigan.
If you would like to discuss spousal support and your matter (or any other family law issues you may have), please contact me here.
Ah, yes, one of our favorite times of the year…summer. It epitomizes America, from the 4th of July to Labor Day weekend, and is usually filled with barbeques, swimming, and fireworks. But, for those who co-parent as well as family lawyers and courts from sea to shining sea, summer weekends often turn into parenting time confrontations and disputes between many.
Holidays and special weekends can be tricky and difficult for divorcing and separated parents, as there may be no established rules (or ambiguous ones) for parenting time. During holidays, it is common for co-parents without specific and precise parenting time plans and schedules to get into hot water. For parents in these situations, here are a few tips to help:
Plan and Have Open Communication – The old adage “if you plan for the worst, you can expect the best” holds true. If you discuss and lay out plans in advance, chances are better that you will be able have success in meeting them.
Be Flexible – It also pays for couples to be flexible in giving parents time with children. Long summer days allow for both parents to have a great deal of time with kids, whether it is on Sunday (the Fourth of July) or sometime during the weekend. Also, at the end of the day, family courts expect parents to put their children’s interests first and holiday scheduling is no exception.
Control your emotions – Avoid the temptation to seek retribution when you feel you were wronged or short-changed with parenting time in the past. Playing tit for tat with parenting time is treacherous as it shows that a parent is willing to use their children as pawns in a never-ending twisted game of parental chess. You should never feel you are being taken advantage of or missing time with your child – but be mindful of balancing these feelings with your overall time with your children as well as their best interests and quality of life.
Should you have questions about divorce, custody or parenting time (with respect to a special summer weekend or any other holidays and schedules), please reach out to us or another family law attorney to ensure you are doing what is best for both you and your children this summer season.
The relationship between children and grandparents is cherished and treasured in most, if not all, families. That said, the rights of grandparents to have time with their grandchildren are not as clear cut or inalienable as one might hope or expect.
In certain situations, Michigan family courts will allow grandparents to seek a court order for grandparenting time. There must not be a parental objection and these situations typically arise when there are issues of the parents’ ability to love, support and care for their children. Otherwise, these situations can come up in the event of a divorce, death of a parent/child or quite simply in acrimonious familial dynamics.
Pursuant MCL 722.27b, a grandparent may seek grandparenting time if:
(a) an action for divorce, separate maintenance, or annulment involving the child’s parents is pending before the court;
(b) the child’s parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled;
(c) the child’s parent who is a child of the grandparents is deceased;
(d) the child’s parents have never been married, they are not residing in the same household, and paternity has been established;
(e) legal custody of the child has been given to a person other than the child’s parent or the child is placed outside of and does not reside in the home of a parent; or
(f) in the year preceding the commencement of the action for grandparenting time, the grandparent provided an established custodial environment for the child, whether or not the grandparent had custody under a court order. MCL 722.27b(1).”
There is one important thing to remember if none of the above applies and you are in a situation where you simply cannot or do not agree with your children/the child’s parent(s) and this is a hard truth – the best interest of the child standard is the end all, be all in Michigan family courts. Despite what you may think or genuinely feel, Michigan courts do hold a presumption that a fit parents’ decision to deny grandparenting time DOES NOT create a substantial risk of harm to the child’s physical, emotional or mental health. To overcome this, you would need to demonstrate to the court by a preponderance of the evidence (more likely than it is not) that your grandchildren will suffer physical, emotional or mental harm without time with you. This, unfortunately, is not an easy burden to overcome.
If you have any questions about grandparenting time, rights or any other family related matters or disputes, please do not hesitate to reach out to us today.
