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Bloomfield Family Law Blog

How do paternity tests tie into matters of divorce?

As a father living in Michigan who's currently dealing with a divorce, you have multiple matters to focus on. For example, you may be handling issues revolving around child support or custody. In that case, getting a paternity test done may work to your benefit.

According to BRT Laboratories, INC, there are many different reasons to take a paternity test. If you're in a situation in which you want to maintain custody of your child, then you will need legal proof that you are indeed the child's biological father. If you aren't, custody won't be granted to you. It can also make a difference in matters like handling child support, since only biological parents are bound by law to pay.

Millennials and divorce

Many people in Michigan may have been hearing a lot about gray divorce in the past few years. This term refers to a divorce involving spouses who are at least 50 years of age or older. These divorces have actually been on the rise compared to a couple of decades ago.

Some believe that the fact many of the spouses involved in gray divorces had been married and divorced previously was a major contributor to this reality as second marriages statistically have a higher rate of failure than do first marriages. The challenges inherent in blending children and even grandchildren from previous families can add to what is already a major life change in getting married.

Does gray divorce hurt your finances?

As an older couple in Michigan that has decided to split, you'll soon be facing the trials and tribulations of gray divorce. The difference isn't just in the name, though. You will likely be facing hurdles that your younger counterparts won't have to worry about simply because of the age you're at.

For example, LA Times shows that women in particular have a big adjustment to make. Over 50 percent of women who are 50 years or older have left the big financial decisions to their spouses. This applies to anyone who isn't used to making financial choices, though. If you aren't accustomed to dealing with investments, savings plans, retirement funds, or other big money-related issues, then this will be totally new territory for you.

How does being in the military affect your divorce?

As a Michigan resident who is either part of the military or married to a member, there are certain aspects of your divorce that might differ from that of a civilian divorce. Here are a few things that you should be aware of regarding military divorces.

FindLaw takes a look at the requirements and rules that apply to military divorces which may not apply elsewhere. For example, in your divorce, there may be the involvement of military pensions and benefits. Generally speaking, receiving this money requires you to have been married for 10 years, with an overlap of 10 years of service. It's even possible for spouses to get access to commissary, medical and exchange privileges after a divorce as long as you were married for 20 years, with an overlap of 20 years in service.

Are high asset divorces hard to handle?

Michigan couples like you who are going through a divorce will already have an emotionally taxing journey ahead of you. The burden may be heavier to bear if you have a high number of joint assets, too. In fact, high asset divorces are considered by some to be one of the most complex divorce case types.

FindLaw shows exactly how complicated and taxing a high asset divorce can be, starting with the unique hurdles you will likely face. For example, a lot of high asset divorces involve some sort of business that both partners might have been involved in. Having to decide how to divvy up a business if you do not keep working together can be a long and complicated process because it involves both business litigation and divorce litigation.

What are penalties for non-payment of child support in Michigan?

Like many parents in Michigan who pay child support, you may find it inconvenient or difficult to make the payments. You might also have reasons you feel are valid to not pay. However, you should consider the potential legal consequences of withholding child support, of which there are many.

According to the Michigan Department of Health & Human Services, the penalties you may get for not paying child support include the following:

  • Garnishment of wages, workers’ compensation benefits, Social Security payments and insurance claims
  • Liens against your property
  • Suspension of your driver’s license and professional licenses
  • Denial of an application for a passport
  • A warrant being issued for your arrest

How often will I see my child after a divorce?

As parents in Michigan like you grow and move on with your lives after a divorce, it's very possible that the arrangements you initially set up will no longer work for your needs. Lisa Stern, Michigan Family Law Attorney, is here to explain how these arrangements can be changed after a divorce has already happened.

In many cases, your life won't stay the same after a divorce. Different scenarios can affect your availability or capabilities. For example, you may be in the military at the time your child custody arrangement is written. Because of your absence, you could be getting just a small amount of visitation time with your child. However, after you leave the military, are you still tied down to that? The short answer is no.

Your mortgage and your divorce

If you are like many divorcing spouses in Michigan, you may be concerned about how to best handle your home when ending your marriage. You likely know that many couples end up deciding to sell their marital homes but your spouse might be pushing hard to keep the home. You might even think that is not a bad idea because then your kids will not have to move out of the home they know. But, before you rush into agreeing to this situation, there are some things you should know.

As explained by Bankrate, if your name is removed from the title of the home via a quit claim deed and your divorce decree identifies your former spouse as the party responsible for the mortgage payment and other costs associated with the home, your mortgage lender could still come after you if any payments are late or missed. This is because, quite simply, a mortgage and a home are not considered one in the same in the eyes of a bank.

What does the court recognize as a child's best interest?

As a parent in Michigan who has just gone through a divorce, you've likely heard that custody matters are decided based on the child's best interest. Lisa Stern, Michigan Family Law Attorney, is here to help explain exactly what that means.

Michigan is a state which follows the "best interests of the child" when it comes to determining custody-related matters. What does this mean? Essentially, the well-being of your child will trump everything else. Certain factors are recognized by the state when it comes to figuring out what benefits your child the most. This can include:

  • Who can provide life's necessities
  • The physical and mental health of the parents
  • Environmental stability
  • Emotional ties 
  • Moral fitness of the parents

How do you determine what's in your child's best interest?

As divorcing parents in Michigan, you've likely heard the term "in your child's best interest" numerous times. Lisa Stern, family law attorney, is here to explain exactly what this term means and how it applies to you.

Generally speaking, when someone refers to your child's best interest in the context of a divorce, they're talking about what will allow your child to continue growing, thriving, and living in a healthy environment even after the split is finalized. Needless to say, some amount of trauma is likely to occur. After all, this is a big change in any child's life.

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