Blog Posts Tagged with divorce

A More Peaceful Divorce Process

by: Kristin Arnett

May 2, 2016 at 6:22 PM EDT

Divorce is difficult. Divorce is emotional. Divorce is expensive and time consuming. Even if you think that you don’t have a lot of “stuff” or you believe that you and your spouse “agree on everything,” rarely is that actually the case. Even if you don’t own much property, chances are you do have debt, which must also be divided. Whether you have been married five, ten, or fifteen years, you have accumulated things; you have joined two lives into one that now must be...

A bad romance: Can I get back that gift?

by: Kristin Arnett

March 3, 2016 at 11:03 AM EST

When a marriage ends in divorce, the courts help divide the parties’ personal property. However, the same cannot be said for dating relationships that fall apart. So what happens with any gifts that are exchanged during a romance that ultimately fails?

The general rule of gift-giving is that the giver relinquishes all rights as soon as the item is accepted by the recipient. Acceptance of a gift is usually obvious, through a hug or kiss, and then the recipient taking possession of the item. 

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Can one attorney represent both parties in a divorce?

by: Kristin Arnett

February 19, 2016 at 8:11 AM EST

In situations where both parties want to end their marriage and agree to the settlement terms, the parties often wonder whether they can hire one lawyer to handle the case. This request is usually made to help keep down the legal costs.

The rules of ethics for Michigan attorneys, however, do not permit lawyers to represent both parties in a divorce. 

Michigan Rule of Professional Conduct 1.7 says a lawyer “shall not” represent a client if the representation of that client will be...

Mandated joint custody bill is getting an icy reception

by: Kristin Arnett

November 5, 2015 at 8:32 PM EST

Legislation that would require courts to award joint custody in divorce cases is being criticized by trial judges and family-law practitioners as being ill-conceived and not in the best interests of Michigan children.

House Bill 4141 would mandate that trial courts order joint custody unless there is clear and convincing evidence that a parent is unfit, unwilling or unable to care for the children.

Trial judges assert that HB 4141 eliminates their discretion in custody and parenting-time cases, while...