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Livingston County Divorce Law Blog

When left unresolved, these issues often lead to divorce

Whether you and your spouse have been married less than five years or more than 25 years, you no doubt have built many memories together. You've also likely overcome numerous challenges in your relationship, as any time two or more people reside in the same house, personalities may clash at some point. In fact, one of the things that most attracted you to your spouse may have been that you have opposing personalities.

As time passes, life changes and so does marriage. Some relationships are able withstand even most the strenuous situations. Others seem to crumble even under minor stress. You might relate to one or the other or find your own marriage somewhere in between. If you are currently considering divorce as the most viable option to resolving your problems, it may be because of certain issues that are often deal breakers when it comes to marital harmony.

Are you ready to co-parent after divorce?

As a Michigan parent, you undoubtedly want your kids to have full, happy and healthy lives. This desire likely also means that you want them to have healthy relationships with the people in their lives. Because you know relationships are important, especially parental ones, you probably also know that co-parenting may work in the best interests of your children even though you and your spouse are getting divorced.

Co-parenting is becoming the highlighted arrangement when it comes to child custody because it allows both parents to remain active in their children's lives. Of course, this arrangement also means that divorced parents will continue to see each other and interact. The ease (or unease) of co-parenting differs from case to case, and the feelings you and your soon-to-be ex have toward each other may influence how well co-parenting works for your situation.

What happens to the house in a divorce?

You may have been one of those couples who bought a house together to live in before you even got married. You may have great sentimental attachment to your home, especially if you have spent a number of years fixing it up to suit your tastes.

Nevertheless, as attached to the house as you may be, if you and your spouse are going through a divorce, you have to make some difficult decisions, including what to do about the house. Unless you have a prenuptial agreement that includes provisions for the ownership of the house, you and your partner will either negotiate for it or allow the courts to determine what will happen to it.

Court order modification: When should you request it?

Like most Michigan parents, you love your kids but would likely agree that parenthood is one of the most challenging and exasperating experiences of a lifetime. If a recent divorce intensified your challenges, it may take some time to get life back on track and to find your "new normal." The good news is that children are generally quite resilient and adaptable, especially if they know they have the loving support of both their parents.  

There is no guarantee, however, that your post-divorce waters will always be smooth sailing. Even though you may have settled your divorce and were satisfied with the terms of the court order for your co-parenting plan, any number of issues may arise down the line that would make your existing agreement no longer feasible. In such cases, it may be possible to request modification of the court order.   

What to know about the new alimony law

Under current tax laws, Michigan residents who pay spousal support as part of their divorce agreements have the ability to deduct their payments on their taxes. Those who receive the payments have to pay taxes on them. Thanks to the Tax Cuts and Jobs Act, in 2019, these alimony rules are about to change.

Whom will this law affect? What changes can you expect to see? Is there any way around the law changes?

Don't let retirement fears stop your divorce

Gearing up for a divorce and retirement at the same time? The prospect is not exactly appealing, and Michigan couples in this situation may feel overwhelmed by the potential financial repercussions. Still, you should not let these fears hold you hostage in an unhappy marriage.

While there are certain financial implications in divorce, a proactive approach can minimize the impact. This includes keeping a close eye on finances and future retirement needs.

What are the benefits and drawbacks of a prenuptial agreement?

If you are preparing to marry in the near future, there are certain things you can do to protect your interests long-term. One of these steps can include drafting a prenuptial agreement. This may not seem romantic or necessary for your particular situation, but there are many benefits to this decision.

At its most basic form, a prenuptial agreement outlines how property division will work in the event of a divorce. However, these contracts can also include other things, such outlining the financial responsibilities of each person over the course of the marriage. If you do not have a premarital agreement in place, you would be wise to consider the protections it offers to many Michigan couples.

Will a divorce affect my retirement plan?

Saving for a retirement is a lifetime goal that takes both time and effort. To ensure that you have sufficient assets to support yourself in your golden years, you and your spouse likely worked together to build up savings and investment accounts. If the two of you had children together, you may have chosen to split the labor, with one of you tending the home fires and the other earning income for the family's security.

Now that you are facing a divorce, you may be wondering what will become of your efforts. Is there enough to support the both of you? Does the law favor one spouse over another during property division? Are there guidelines in place in Michigan to help you protect your interests?

Collaborative law could offer you a better way to divorce

Divorce is complex and difficult, no matter how amicable the two parties may be. If you are facing the end of your marriage, you may be wondering if there is a way to simplify the complications of this process and make this difficult step easier for every member of your Michigan family. Collaborative law could offer you a better way to divorce. 

Litigation and costly court battles are not the only ways to divorce. Couples who wish to stay out of the courtroom and work through their divorce issues may choose collaboration as a way to come to a meaningful and workable final order. This is not always possible for everyone, but it may be a worthwhile option to consider.

What is a gray divorce?

Divorce seems like a pretty black and white affair. You're married, you decide you don't want to be anymore, you dissolve the marriage and it's over. So what is a gray divorce?

Gray divorce doesn't refer to the state of the divorce itself, but rather the ages of the couple. A gray divorce is when couples 50 and older end their long-term marriage.


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