Frequently Asked Questions

It depends, but inherited funds are generally separate from the marital estate. Keep an inheritance in an account solely in your name. Depositing it into a joint account or using it to buy a marital asset like the home risks commingling it with marital property and making it divisible in divorce.

Yes, a spouse can hide assets, which is why timely, thorough discovery is essential. If hidden assets are found, a court may award 100% of their value to the spouse they were concealed from. Clawing assets back later is often harder than finding them during the divorce, so proactive legal counsel is critical.

Yes and no. A 401(k) is a qualified asset that passes by beneficiary designation, outside the probate estate. An exception arises if you name your estate as beneficiary or fail to designate one. Special IRS rules govern post-death distributions, so consult an attorney, financial planner, or CPA.

Not necessarily. If you aren't legally married, your partner has no statutory priority under Michigan law to serve as your guardian or conservator; your parents, children, and siblings do. A power of attorney is critical to name who you want and to help avoid probate court if you become incapacitated.

The main difference is that a will alone does not avoid probate. A will only states how you want your estate divided, so the probate court must open an estate to administer it. A properly drafted trust is a private document that avoids public probate estate administration altogether.

Usually not on their own, but trusts can help avoid taxes as part of an overall plan. Traps include unrealized capital gains, property tax uncapping, required minimum distributions from 401(k) and IRA accounts, and income tax on different asset types after death. Know the ground rules before transferring property in your estate planning.

No, but without an estate plan the government often ends up with property meant for your family. Avoidable Medicaid reimbursement, unclaimed property turned over to Michigan's treasury, and poor tax planning are common causes. Wills, trusts, ladybird deeds, beneficiary designations, and powers of attorney let you control the outcome.

Most divorces settle before trial. In rare cases where issues can't be resolved through negotiation, a Family Court judge decides them at trial. In Michigan, divorce trials are conducted without a jury, and the courtroom is often the least appropriate place to air sensitive personal issues.

The Friend of the Court (FOC) usually handles divorces with minor children or paternity cases, but judges can refer any matter to a Referee. You'll meet your referee at the Early Intervention Conference to identify issues. Cooperating with your spouse typically minimizes FOC involvement.

It is always best to have independent legal counsel when preparing to file for divorce, or at least before agreeing to a consent judgment of divorce. Once a property settlement is entered with the court, it cannot be appealed and is rarely, if ever, modified.

Courts are less concerned with your private life than they once were, but dating during divorce carries risks. It can hurt settlement chances, confuse children, and affect custody, support and property division. Adultery remains a felony in Michigan. It's best to wait until your divorce is final.

Communications with a physician or therapist are generally protected by doctor-patient privilege, but you can waive it by consenting to disclosure or putting your treatment at issue. Courts may order psychiatric exams in high-conflict cases, and health professionals must report suspected abuse.

Temporary child support is awarded when parties separate and one has primary physical custody. It's set by a Michigan Supreme Court formula based on both parties' income. Payments typically take a few weeks to process through the Friend of the Court via income withholding, and can be modified later.

The total cost of a divorce can't be predicted because it depends on how reasonable the parties and attorneys are. Uncontested divorces with a consent judgment usually cost less, while disputed cases with multiple court trips cost more. At your initial interview, we'll assess your issues and project a fee range.

Michigan requires a 90-day waiting period for divorces without minor children and 180 days when children are involved. A judge may waive the 180-day period for compelling reasons, but not the 90-day period. Complex cases can take over a year, and post-judgment issues often arise.

In Michigan, there's no real advantage to filing first. Filing quickly can help obtain a "status quo" order freezing marital assets if your spouse may be transferring them. Filing a counterclaim makes both spouses plaintiffs, allowing either to appear for the final ruling.

Estate administration is the legal process of settling a person’s estate after they pass away. It typically involves appointing a Personal Representative through the Probate Court, identifying heirs and beneficiaries, notifying creditors and interested parties, and gathering and managing the deceased person’s assets. The process ensures debts are addressed and assets are properly distributed according to the will or Michigan law.

It depends on your custody arrangement. If you have sole legal custody, you may be able to move without court approval. However, most parents share joint legal custody, which typically requires filing a petition with the court before moving out of state or more than 100 miles from where the case began. The court will review several factors, known as the D’Onofrio factors, to determine whether the move is in the best interests of the child.

Child support is a parent’s legal obligation to financially support their children. It is calculated using the Michigan Child Support Formula and is largely based on income and the number of overnights each parent has with the children. Courts must approve any deviation from the formula. Spousal support, also known as alimony, is financial support paid to a former spouse. Unlike child support, it is more flexible and based on several factors, including income, health, earning ability, and conduct during the marriage.

A collaborative divorce is a process where both spouses work together to reach an agreement on property division, custody, and support without going to court. It is designed to be cooperative rather than adversarial. Both parties must agree to participate in the collaborative process, and it is generally not appropriate in cases involving domestic violence.

Child custody and parenting time are related but distinct concepts. Custody refers to a parent’s legal rights and responsibilities, including decision making and where the child primarily lives. Parenting time refers to the schedule that determines when each parent spends time with the child. Michigan courts use statutory factors to determine custody arrangements based on the best interests of the child.

Yes. Everyone should have at least basic estate planning documents in place, including Financial and Medical Powers of Attorney, to ensure someone you trust can act on your behalf if you are unable to do so. A will or trust also helps direct how your assets are distributed and can reduce complications for your family. Estate planning is especially important if you own property, have been divorced, or have a blended family.