The court must grant child custody modification. Unless that happens, you and your ex must continue to carry out the terms of the original agreement. There are numerous legitimate reasons why the court might see fit to grant modification. One such issue is in the title of this blog post -- relocation. You might accept a job in another state, which would mean you can no longer adhere to the custody transfer schedule. This is one of several reasons why a judge might grant a petition to change a custody order.
In addition to relocation of one or both parents, the issues shown in the following list are also common among those who request child custody modification following a Michigan divorce:
If you file a petition to request child custody modification, you must be prepared to show just cause. This means that you must present evidence that convinces the court you have a legitimate reason for requesting the change. You must also demonstrate that the modification would be in the best interests of your children.
While it’s not impossible to obtain child custody modification if your ex is against the change, it will no doubt be more challenging to win the court’s favor than it might have been if you and your ex agreed on the issue. In such cases, there must be a court hearing. The judge overseeing your case will determine whether the change you have requested (despite your ex’s disagreement) would be the best way to provide for your children’s needs.
Perhaps a judge restricted your visits with your kids to supervised visits only when you finalized your divorce because of a gambling problem or substance abuse issues. Maybe you have since completed rehabilitation and are filing a petition for modification to ask the court to remove the supervision restriction. If your ex is against this, you will both present your case in court, and the judge will decide. If you and your ex are not in agreement on a custody issue, it’s best to seek legal counsel before heading to court.
]]>Although you might encounter financial challenges when you file for divorce after age 50, there are resources and tips available to help regain stability. The term “gray divorce” refers to those in older age groups who decide to part ways with a spouse. While both men and women typically experience a reduction in their standard of living after a gray divorce, the decline women experience is exponentially greater than their male counterparts, which is why it’s so important to tap into available resources to start building back finances.
Before you can create a manageable budget for your post-divorce lifestyle, you must have a clear understanding of your current financial status. It is helpful to make a list of all your assets and debts. It is also a good idea to identify necessary expenses from discretionary ones, meaning those that you can eliminate if you choose to do so, such as online streaming subscriptions or monthly trips to a nail salon.
Once you have a clear understanding of what you own and what you owe, you can begin planning for your future. Try not to panic if you have debt going into a divorce. Your ex likely shares responsibility for some of it. Also, you can seek financial guidance to create a payment plan that will lay the groundwork for a stronger financial future.
It’s understandable that you might not have imagined re-entering the workforce at this stage in life. Or perhaps you’ve never left the workforce but were hoping to retire soon. Either way, if your goal is to increase cashflow and generate new income, consider turning some of your talents or interests into a profitable business. For example, if you like to refinish old furniture, you can sell your finished products.
Maybe you’ve always wanted to own a cafe or have dreamed of opening a hair salon. While certain businesses might require licensing or education, with a strong support network in place, you may be able to achieve your goals.
Filing for a divorce later in life is likely going to have an impact on your finances. However, by tapping into resources available throughout Michigan, paying off debt and creating a doable plan, you can regain financial stability, and perhaps exceed your own goals.
]]>Keeping children’s best interests in mind while making decisions about the holidays is a step in the right direction to help parents avoid child custody disputes. When both parents agree to cooperate and work as a team, everyone wins, especially the kids.
It’s good that you and your ex want to treat each other fairly. You might even agree to split the hours of a particular holiday so that you each can celebrate with the kids. What seems like a good idea can sometimes backfire. The kids (and you) may experience exhaustion from traveling between households to celebrate.
Another option is to celebrate the same holiday on different dates. You can also rotate custody for holidays, trading off throughout the year. For example, you get the kids for Christmas and your ex gets them for New Year’s.
It might be tempting to “stick it” to your ex to get back at him or her for problems that existed between you during marriage. Perhaps you’re thinking of telling your ex that the kids can sleepover for the holidays, then changing your mind at the last minute. This type of scheme may not only cause anger, but you could also find yourself in a heap of legal trouble. This is especially true if you have a court order that specifies where your children are to spend their holidays.
The last thing you need during the holidays after you have finalized a divorce is to fight over gifts with your ex. If you used to fight a lot about money when the two of you were married, it’s best to discuss financial issues regarding gift-giving during the holidays. It’s also helpful to let each other know what you’re planning to buy so the kids don’t wind up with duplicate gifts.
If a child custody problem arises during the holidays, try to remain calm and do your best to resolve it without confrontation. If you feel that you can’t handle it on your own, you can seek the court’s intervention.
]]>The purpose is to provide financial assistance to the lower-earning spouse, which helps ease the transition back into a single lifestyle, until he or she can be self-sustaining. This is especially helpful in cases where one spouse has been home full-time and out of the workforce for years. For example, if you sacrificed a college education and career to stay home and raise a family, you might not have the financial resources to support yourself or your children in the immediate aftermath of a divorce.
If you are requesting spousal support in a divorce, it is a good idea to review the basic types, including temporary, rehabilitative and permanent support. Many people refer to spousal support as “alimony.” The following list provides a basic overview of factors the court takes into consideration when determining whether a judge will order spousal support in a divorce:
In addition to these issues, the court will also consider whether children are involved, the ages and health (both mental and physical) of both parents, how long the marriage lasted and more when making decisions about spousal support.
Whether you are the spouse who is requesting spousal support in a Michigan divorce, or the spouse being ordered to pay it, you are entitled to a fair deal. If you believe you are not getting one, you can appeal the court’s decision.
If you have children, the court has their best interests in mind when making decisions regarding custody or finances, including child support or alimony. It is helpful to think ahead before proceedings begin so that you can set goals and have a clear understanding of your financial needs. If you do not feel equipped to handle a particular issue on your own, it is always best to reach out for additional support to help make sure you receive a fair settlement.
]]>Spousal support is especially relevant if you have been fully dependent on your spouse for financial care during marriage. Perhaps you’re one of many Michigan parents who sacrificed a career or a college education to stay home full-time with your children. Depending on the ages and needs of those children, they might still need you to be home following your divorce, which means you would still need financial provision from your ex.
In addition to being a full-time stay-at-home parent, the following list shows additional issues that may influence the court’s decision as to whether spousal support should be part of your divorce decree:
The family justice system is set up to allow a judge overseeing divorce to make decisions regarding property division, child custody or spousal support at his or her own discretion after considering the merits of a case and reviewing state guidelines.
The judge presiding over your divorce can order spousal support for any given length of time. Many judges follow a format that awards one year of financial supplement for every three years of marriage. In other words, if you were married to your spouse for 15 years, that would equate to 5 years of spousal support, although judges do not have to follow this rule of thumb.
The bottom line is that you should never hesitate to request spousal support if you need it to help make ends meet as you plan and take your first steps as a single parent following a divorce. It is helpful to review state guidelines and to seek guidance from someone who can help you negotiate a fair agreement.
]]>If you and your spouse only recently moved to this state, you might have to wait a while before you can file for a divorce. There are residence requirements regarding such issues. In fact, in some cases, there are also requirements based on the county in which you may be residing in when you file your petition in civil court.
If you wish to file for a divorce in Michigan, either you or your spouse must reside in this state for at least 180 days prior to filing your petition. This means that one of you must live in Michigan for at least six months before the state will grant you a divorce. You must also have resided in the specific county where you are filing your petition for at least 10 days before doing so.
Regarding the county requirements, there are exceptions to the rule. In certain situations, the state lifts this requirement. It is always best to speak with someone who is well-versed in Michigan divorce laws to ensure that you comply when you file your petition.
Other issues, such as whether you have children or will be requesting child support, may compel further research into Michigan laws before filing for a divorce. Every state has its own guidelines regarding such issues as child custody, child support, spousal support and property division. Even if you have finalized a divorce in another state, it doesn’t necessarily mean proceedings will be the same in Michigan.
You might feel frustrated and upset if you learn that you have not lived in Michigan long enough to procure a divorce. Think of it this way: You can use the time in which you must wait, whether it’s one month or several, to compile a list of needs and goals that you hope to fulfill or achieve in a settlement.
On one hand, it’s understandable that you want to settle your divorce as soon as possible so that you and your children can move on in life. On the other hand, the required waiting period enables you to think and plan ahead to ensure that you receive all that you’re entitled to in a Michigan divorce.
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