The Family Law Leader

» Divorce

Q: My attorney tells me that I have a mediation coming up. I don’t know what to expect. Can you give me a general rundown of the process?

May 9th, 2018
Posted By
Thomas C. Kates
A: Mediations are not all the same, but most of them follow a general format that is somewhat predictable. If your attorney was involved in choosing the mediator, which is usu… Read More
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Categories: Divorce, Divorce Attorney, Mediation
Tags: compromise, mediation, mediator, Michigan divorce, resolution

Q: I recently filed a complaint for divorce. My wife says she is opposed to the idea of divorce and intends to contest it. What does this mean?

April 30th, 2018
Posted By
Thomas C. Kates
A: Michigan is known as a no-fault divorce state. This means that, in order to obtain a judgment of divorce, the plaintiff, who is the person filing for divorce, does not need… Read More
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Categories: Divorce, Divorce Attorney
Tags: complaint for divorce, contested divorce, Michigan divorce, no-fault divorce

Q: What is separate property?

April 10th, 2018
Posted By
Thomas C. Kates
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, everything… Read More
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Categories: Divorce, Divorce Attorney, Mediation
Tags: assets, equitable division, marital property, Michigan divorce, separate property

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

April 2nd, 2018
Posted By
Thomas C. Kates
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
Tags: mediation, Michigan divorce, preparing for 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
Posted By
Thomas C. Kates
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 engi… Read More
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Categories: Divorce, Divorce Attorney, Spousal Support
Tags: business valuation, business valuation specialist, Michigan divorce, property settlement

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
Posted By
Thomas C. Kates
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. S… Read More
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Categories: Child Custody, Divorce, Divorce Attorney
Tags: best interest factors, breakdown of marriage, Child Custody Act, custody factors, extramarital affairs, infidelity, Michigan divorce, moral fitness

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
Posted By
Thomas C. Kates
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 statute i… Read More
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Categories: Child Custody, Divorce
Tags: family court, Michigan divorce, parenting time, referee hearing

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
Posted By
Thomas C. Kates
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 will… Read More
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Categories: Divorce, Mediation
Tags: dispute resolution, domestic relations, family law, mediator, Michigan divorce, settlement

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 prefera… Read More
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Categories: Divorce, Divorce Attorney, Mediation
Tags: appraisal, Michigan divorce, personal property, personal property dispute, property division, 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 estate… Read More
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Categories: Divorce, Divorce Attorney
Tags: appraisal, Michigan divorce, property value, real estate, real estate appraiser
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