The Family Law Leader

Blog

Welcome to my blog!

On this page I will share thoughts and answer frequently asked questions about family law. Have a question? Feel free to submit it by email and I will attempt to answer it in a blog post.

As you make you way through the divorce process, you will have many questions along the way. I am confident that I have the answers to your questions or at least the resources to find them. I would be happy to talk with you about your situation and answer any questions you may have. Call my Holland, Michigan office today to arrange a consultation. I handle cases in the West Michigan counties of Ottawa, Allegan, Muskegon and Kent.

Q: What is separate property?

April 10th, 2018
A:  The concept of separate property is often an issue in divorce cases, whether the parties have been married for a brief time or for many years.  As a general rule, everyt… Read More
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Categories: Divorce, Divorce Attorney, Mediation

Q: I have a mediation coming up. What should I do to prepare?

April 2nd, 2018
A: Mediation will be most effective if you have a clear picture of your overall financial situation and, if you have children, try to have a proposed parenting time plan in pl… Read More
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Categories: Divorce, Divorce Attorney, Mediation

Q: I am in the middle of a divorce. My wife is a partner in a small engineering firm, and I am an elementary school teacher. She earns about twice what I do. I know that her interest in the engineering firm is worth something, as the firm owns an office building and lots of equipment. How can I determine what the business is worth for purposes of property settlement?

March 19th, 2018
A:  You are correct that most businesses have a value for purposes of property settlement. It can be difficult to place a value on a personal service businesses such as an en… Read More
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Categories: Divorce, Divorce Attorney, Spousal Support

Q: After 20 years of marriage, I found out that my husband has been cheating on me for over a year and we are in the process of a divorce. He says that he wants joint custody of our three children. I don’t understand how a judge could ever award custody to a person who is clearly at fault for the breakdown of the marriage. Can you explain this?

March 12th, 2018
A:  I’m sorry you have found yourself in this position. Unfortunately, in the majority of divorce cases, one or both spouses have gone outside of the marriage for intimacy.… Read More
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Categories: Child Custody, Divorce, Divorce Attorney

Q: I recently filed a motion to change parenting time. I noticed that it has been referred to a family court referee. What does that mean?

January 16th, 2018
  A:  In many counties in Michigan, Family Court judges are referring motions regarding parenting time, support, and other post-judgment matters to referees. There is a… Read More
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Categories: Child Custody, Divorce

Q: My case has been assigned to mediation and my attorney tells me we are required to select a mediator. What are some things I should be aware of before I discuss selection of a mediator with my attorney?

November 22nd, 2017
A:  I often tell my clients that it really does not matter that much who mediates the case. What really matters is that the parties have gathered their information and are wi… Read More
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Categories: Uncategorized

Q: We recently went to mediation and settled most of the issues in our divorce. However, my wife is being stubborn about personal property. She says that we need to place a dollar value on everything and that the values must be equal when we divide our stuff. I think this is a big hassle, and would rather not waste my time on this. How does the court look at personal property division in a divorce?

October 3rd, 2017
Posted By
Thomas C. Kates
A:  As I am sure you can imagine, personal property is one of those issues that many Family Court judges would rather not get involved  in.  If it all possible, it is far p… Read More
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Categories: Divorce, Divorce Attorney, Mediation
Tags: appraisal, real estate

Q: I am going through a divorce and we are unable to agree on the value of the house. It looks like we are going to go to court over this issue. How is the court going to determine the value of the home?

September 25th, 2017
Posted By
Thomas C. Kates
A: If you have not already done so, I strongly suggest that you obtain an appraisal from a licensed real estate appraiser as soon as possible.  In recent years, the real esta… Read More
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Categories: Divorce, Divorce Attorney
Tags: appraisal, real estate

Q: During my 20 year marriage, I inherited about $20,000 when my grandfather passed away. I have had this invested in a brokerage account in my name for about 10 years and it has more than doubled in value. Now my husband says he is entitled to half of that if we divorce. Is that true?

September 21st, 2017
Posted By
Thomas C. Kates
A: In most cases, assets inherited by one party during the marriage will be deemed separate property, not subject to division in the divorce. However, under certain circumstan… Read More
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Categories: Divorce, Divorce Attorney
Tags: inheritance, investment, trial

Q: My wife and I have been married for 10 years and have accumulated an embarrassing amount of credit card debt. Between the two of us, we earn around $90,000. Our credit card debt is over $50,000. Most of this is in my name, although my wife is the one who has done most of my spending. Can the judgment of divorce require her to pay some of this?

September 18th, 2017
Posted By
Thomas C. Kates
A: The most important thing to remember about credit card debt in the context of divorce is that, no matter what the judgment of divorce says, the person who is contractually… Read More
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Categories: Divorce, Divorce Attorney, Spousal Support
Tags: bankruptcy, credit card debt
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Practice Areas

Divorce
Custody
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