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Clinton Township Divorce Law Blog

Filing for divorce as a newlywed

When many people picture newlyweds, they think of a couple that is in love and happily married. However, there are all sorts of reasons why people decide to file for a divorce, whether they have been married for decades or a matter of months. For example, a couple may find that they are incompatible after living together after their wedding. Or, someone may have an affair in the early stages of their marriage, or a spouse may discover certain habits their partner has that they cannot tolerate. Moreover, a spouse may even become abusive after they tie the knot.

If you recently got married but regret this decision and no longer want to stay in the marriage, it is equally important for you to approach the divorce process sensibly and be prepared for some of the hurdles that you may encounter. Even though your marriage may be very brief, you may still have a number of legal issues to go over, from property division to topics involving children, such as custody and child support. Moreover, you should be aware of the different divorce options that may be in front of you (such as collaborative divorce) and try to discuss the situation with your spouse if you are able to.

What are the different types of child custody?

When Michigan couples divorce, one of the most important things they consider is how it will affect the children. To allow children to keep seeing each parent as often as possible, they may work out a joint custody arrangement if the divorce is amicable. Unfortunately, this is not always the case and there are times when one parent must fight to keep the child with them. This is when it is important to understand the different types of custody.

According to FindLaw, the parent with physical custody is the one that provides for the children on a day to day basis and is often determined by state law. It is almost always true that the parent with physical custody will have the child living with them.

4 options for a small business after the owners divorce

Couples who own a business together in Clinton Township often try to build up the business as a team. They put a lot of work into the situation, even if one spouse is focusing primarily on running the home and caring for the kids while the other focuses on the business. While this common goal of growing the company is an amazing thing for the couple, they might not be prepared for what happens if the marriage dissolves.

There are three primary options of what you can do with the business, and a fourth that includes deciding to close the business. Deciding which will work for your case can take a lot of thought. It will probably require you to have some serious discussions with your ex.

How to help kids through a divorce

If you and your spouse decide to get a divorce in Michigan and you have children, you need to be aware that the process can be traumatic, sad and stressful for kids of all ages. You and your soon-to-be ex should discuss ahead of time how you both will handle the divorce and how you can reduce the negative effects it may have on the children.

Good Therapy discusses that children who have a good support system fair better during the divorce process. Both parents should live geographically close to help with the transition of moving from one residence to another. Each parent should also stay involved with all the child's activities and keep an open line of communication with each other and with the child. Parents need to collaborate as a team and treat each other with care and respect, as this helps with the child's self-esteem. Spending quality one-on-one time with each parent is important for the child as well. 

Setting child support: What factors are considered?

Going through a divorce with children can be extremely emotional and difficult for everyone involved. Children of divorce are forced to face a myriad of issues, such as learning how to split time between parents and transition from a traditional family to a single-parent household. Child support is designed to ease this transition and ensure children enjoy the same quality of life that they would have had their parents remained together.  

Michigan, and many other states in the nation, uses an income shares model of determining child support. This means that both parents’ incomes are put together and then distributed to the members of the household. Rather than look at the income of the non-custodial parent, this model calculates both parents’ income into the child support amount.

How can divorce impact my business?

Often, one of the biggest surprises in a divorce is the impact it has on a business. If you own a business in Michigan and are getting a divorce, then you really have to be aware of what is at risk. The last thing you want is to be unprepared for the divorce process and be unable to protect your business.

According to SMB CEO, the chances are fairly good the court will divide your business equally between you and your spouse in the divorce. This means you will have to work as a partner with your ex-spouse or buy him or her out so you can regain full ownership of the business. A worst-case scenario is having to sell your business because you cannot afford to buy out your ex-spouse and he or she wants to sell.

Dividing up marital debts

As you enter into your divorce proceedings in Clinton Township, you likely are prepared to have to divide much of your marital property with your spouse. One thing you may not be ready for, however, is to have to split certain elements of your debts. Your hesitancy to assume debts that you do not feel as though you had a hand in accumulating is understandable. This hesitancy has prompted many in your same position to come to us here at The Law Office of Lorrie J. Zahodnic, P.C. asking what they might do to ensure that they are not saddled with their ex-spouse's debts. 

First, the good news: the court will often consider to what extent both you and your ex-spouse contributed to assuming a certain debt. If, for example, your ex-spouse applied for a credit card using your joint information, and then proceeded to charge up that card on their own, the court may decide that repaying its balance is solely their responsibility if the transactions can be traced back to them. 

Work through divorce negotiations with a plan

Some couples who make the decision to divorce do so without any hard feelings toward each other. In these cases, the adults might choose to come to the terms of the divorce jointly instead of having to turn to the court to make those decisions. Even though you have a good indication that the divorce will be amicable, it is still beneficial to ensure that you have an attorney to work with your during the process.

There are a lot of facets to a divorce so the assistance of a lawyer might be beneficial. Not only can this help you to resolve the important matters, it can also make it easier to get the paperwork handled.

Is joint-custody beneficial for kids?

Whether you have already filed for divorce or you are getting ready to terminate your marriage, you may feel overwhelmed with the task in front of you. It can be difficult dividing property and determining custody when creating a divorce settlement. Determining what is best for your children is one of the most important tasks, and part of that means deciding who your child will live with, as well as visitation and parenting rights. While sole-physical custody, or living primarily with one parent, is fairly common among divorced couples, studies show the benefits of joint-custody and how it can be advantageous for kids.

A study looked at kids raised in sole-custody households, joint-custody arrangements and traditional families. Researchers found that kids who grew up in joint-custody households had higher self-esteem, fewer behavioral issues and stronger family relationships than those who spent the majority of their time with one parent. The children also performed better in school. Over a long period of time, children who spent a significant amount of time with both parents have better careers, receive a higher level of education, have stronger support centers and are emotionally stable.

How can you keep divorce from hurting your finances?

Perhaps one of the most difficult aspects of deciding to divorce your spouse in Michigan is the realization that you are going to have to be financially independent once again. This realization can be complicated if you still have dependents living at home that are relying on you or if you have been a homemaker throughout your marriage and have spent considerable time away from a career. 

With financial disruption being one of the biggest stressors of divorce, it is important that you learn about what steps you can take to keep your relationship change from thwarting your attempts at securing a strong financial future. According to daveramsey.com, recovery from the financial distress of your divorce is undoubtedly going to take time. However, if you get started right away and are committed to setting and reaching your financial goals, you will not regret the efforts and sacrifice you make. 

Lorrie J. Zahodnic

"I will hold you up until you can stand on your own two feet."

Lorrie J. Zahodnic, P.C. has provided skilled and compassionate legal guidance to Michiganders in family law matters for over 20 years.

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