Author: Admin

For couples who no longer wish to be joined financially or share a household, but do not wish to go through a divorce, there is a legal option available. While there is no concept of “legal separation” in Michigan, separate maintenance allows husbands and wives to unwind their finances and gain a sense of independence while maintaining their legal marriage.

SEPARATION AGREEMENT ATTORNEY FOR ROYAL OAK, DETROIT AND SURROUNDING AREA
I have dedicated my career as a lawyer to helping couples resolve these important issues and have extensive experience with separate maintenance. I work collaboratively to arrange a temporary or long-term separation by making appropriate and fair financial arrangements to allow them to maintain separate households. In some cases, actually dividing property and establishing child support or spousal support can also be accomplished through separate maintenance.

DIFFERENCES BETWEEN SEPARATE MAINTENANCE AND DIVORCE
Separate maintenance mirrors divorce in terms of procedures for support and property division but does have some important distinctions. After receiving a judgment of separate maintenance the parties are still legally married. This is important because of the effect it has on issues such as inheritance and Social Security benefits.

REASONS FOR SEPARATE MAINTENANCE
Why not divorce? For many, the thought of getting a divorce is uncomfortable for religious reasons. Before insurance companies began changing their rules, many couples remained married in order to qualify for health insurance on their on their spouse’s policy, although cutbacks in health insurance has made it difficult or impossible to achieve this goal long-term through the mechanism of separate maintenance. One of the most common reasons people pursue separate maintenance today is to protect their finances within their marriage when a spouse is being reckless financially.

As family dynamics and the needs of children change over time, the need may arise to modify the divorce Judgment to ensure that it continues to protect the children’s best interests. If a significant change in circumstances has occurred since the last order was entered, a party may file to modify custody or parenting time. If the parties agree to a change in parenting time or custody, I can prepare a written order for both parties to sign, which the Judge will most often approve.

DETROIT AND ROYAL OAK-AREA SUPPORT MODIFICATION LAWYER
I have been a family law attorney for more than 35 years and am skilled at helping parties pursue their rights through modification of divorce judgments. When parties agree to a change in custody or parenting time, I can help prepare a written order which the judge will most often approve, keeping attorney fees to a minimum. Where there is disagreement between the parties, I can facilitate cooperation and lay the groundwork for a successful outcome for my client.

IS YOUR SITUATION ELIGIBLE FOR MODIFICATION?
Issues pertaining to children are allowed to be revisited in Michigan due to the expectation that factors such as child care costs, health care expenses and other needs of the child will change between the divorce and a child reaching adulthood. However, there is a threshold of proof that must be crossed by the parent seeking modification.

If there has been a significant change in circumstances since the time of your divorce, including changes in incomes of the parties, you may be eligible to have the court revisit these issues and order a change in the court order. Other factors, such as whether there is an Established Custodial Environment for the child, can have a significant impact in how the court will rule.

A prenuptial agreement, when properly prepared, can resolve issues of property division and spousal support prior to the marriage taking place. This can protect the interests of both parties and provide certainty as to what will happen in the event of divorce or the death of one spouse.

IS A PRENUPTIAL AGREEMENT RIGHT FOR YOU?
The majority of individuals and couples seeking prenuptial agreements:

• Have already accumulated assets
• Have been previously married
• Have children

A prenuptial agreement allows parties to protect the assets they enter into the marriage with and ensure that their assets are left for their children according to their wishes.

CREATING A VALID PRENUPTIAL AGREEMENT IN MICHIGAN
A prenuptial agreement that fails to hold up under court scrutiny will not provide any value. These agreements must be prepared by an attorney who is experienced with the law governing such agreements. I understand what it takes to create a valid prenuptial agreement and will work diligently to ensure your agreement is valid and will be durable over time.

These agreements cannot be signed under duress and it is in the best interest of both parties to have a lawyer present when they sign the agreement. Full financial disclosure is also a required component of the process for creating a prenuptial agreement.

Already married? In limited circumstances, postnuptial agreements can offer the same protections as a prenuptial agreement but come with their own unique set of challenges since they are signed when the parties have already married. I have experience with these issues and can walk you through your options if you are considering a postnuptial agreement.