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Clarkston Law Blog

Frank Briguglio

Seperate Maintenance and Property Rights in Michigan Family Courts

When a married couple legally separates, they obtain a judgment of separate maintenance. If years go by and conditions change, does this judgment still hold up?

Timothy P. Flynn

Addressing Parenting Conflict Through Use of Local Law Enforcement

In some high-conflict households, a parent resorts to contacting local law enforcement for assistance. Often, this leads to unexpectyed consequences.

Frank Briguglio

Parenting Through the Holidays

When divorced or in a custody proceeding, parenting over the holidays can be challenging. Here are some tips for holiday parenting time.

Clarkston Legal

My Spouse is Having an Emotional Affair With a Chatbot

Could be just a sign of our digital times. Our firm is receiving reports from spouses ready to file for divorce, that the other spouse is having an "emotional affair" with a chatbot.

Frank Briguglio

Developments in Prenuptial Agreements in Michigan

With a root history of distrust, a prenuptial agreement attempts to protect wealth prior to a marriage. This post looks at some recent developments and the uniform law movement in Michigan.

Timothy P. Flynn

Use of AI in Family and Probate Law

Sure, AI is new and exciting. But the bottom line in family and probate law practices is that AI does not replace good old fashioned human effort.

Frank Briguglio

What Happens at Divorce Mediation Stays at Mediation

Does what happens at a divorce mediation stay at a divorce mediation? This post examines when a party seeks to get out from under a mediated settlement agreement.

Timothy P. Flynn

Divorce and Immigration in the USA

Divorce is difficult, especially when one of the spouses is an immigrant seeking permanent resident status in the United States these days. This post addresses some of the critical issues of divorce and immigration.

Timothy P. Flynn

Complicated Child Custody Issues with Wealthy and Famous Parents

When wealthy & famous parents split up, the lingering child custody issues are often very complicated. These examples are from recent custody battles of the rich and famous.

Frank Briguglio

Separation vs Divorce: A Property Perspective

Our clients often ask: should I get separated instead of divorce? This post examines what happens to your property when it becomes subject to a separate maintenance agreement.

Timothy P. Flynn

Prenuptial Agreements and Separate Property in Michigan Divorce

Ultimately, prenuptial agreements remain a useful tool, particularly in second marriages or for protecting pre-marital assets. Yet, their enforceability can depend heavily on context, raising important questions about fairness and legal reliability.

Timothy P. Flynn

Michigan Supreme Court Punts Frozen Embryo Case to Legislature

Parents used IVF to create a family. At the time of their divorce, one frozen embryo remained. Which branch of government should decide the fate of this embryo?

Frank Briguglio

Moving Away With Minor Children

Once a child's residence is established, how does a parent get permission to move away? This post examines the change of domicile motion.

Timothy P. Flynn

Estate Planning for Second Marriages

Second marriages are common. But what type of estate plan is best for a second marriage? Of course, it depends on the circumstances.

Frank Briguglio

Changes to the Michigan Child Support Formula

Do you ever wonder how to calculate child support? Here is a summary of recent changes to Michigan's Child Support Formula.

Clarkston Legal

Child Custody and Transgender Rights

Transgender rights, once an outlier in child custody disputes, is now a more frequently litigated flavor of custody conflict. Should a parent be allowed to assign a gender to their child?

Timothy P. Flynn

Weed Man Runnin Dirty

Two cases of illegal weed dealers with similar facts but wildly different outcomes. One ended up with a felony while the other wound up with just a misdemeanor.

Timothy P. Flynn

Flawed Facial Recognition Software Leads to Wrongful Felony Charge

Law enforcement has adopted new technology like facial recognition to assist with the identification of criminals. But does this technology get it wrong on occasion?

Timothy P. Flynn

Clarkston Legal Announces Managing Partner

Frank Briguglio

Frozen Embryos and Divorce

Many couples struggle with fertility. Some resort to artificial reproductive technology, including frozen embryos. What happens to those embryos in a divorce?

Clarkston Legal

New Realtor Rules and Divorce

Clarkston Legal

Secret Cash Undermines Marriage and Estate Plans

A hidden cash stash presents challenges to both a marriage and an estate plan. This post details the problems that can arise from hidden money.

Timothy P. Flynn

Right to Bear Arms Restricted in Domestic Violence Case

SCOTUS upholds federal restriction of 2nd amendment right to bear arms in Texas domestic violence case.

Clarkston Legal

Divorce and Retirement

Married couples sometimes contemplate divorce as they approach retirement. This post provides commentary on some of the principal issues.

Timothy P. Flynn

Gaslighting and Divorce

Many a divorcing spouse has attempted to psychologically destabilize the other spouse. Gaslighting is perhaps the most common example of this abusive conduct. How do you know if you are being gaslit by your spouse?

Clarkston Legal

"California Sober" and Michigan Courts

Some addiction recovery therapists are endorsing a new form of sobriety known as "California Sober". This approach to sobriety involves moderate therapeutic use of marijuana and mushrooms. What are the risks of this Cali-style approach to long-term sobriety.

Timothy P. Flynn

Long-Distance Parenting: Travel Restrictions

Long-distance parenting poses a challenge to both parent and child. This post examines how family courts approach this parenting issue in the divorce context.

Clarkston Legal

Alimony in Gross

Spousal support, also known as alimony, can be ordered by a family court judge. This post examines the legal concept of "alimony in gross" and looks at a recent appellate decision addressing this concept.

Clarkston Legal

Cross-Motions for Change of Custody in Family Court

High-conflict child custody cases sometimes feature cross-motions for child custody in family court. This post breaks down this tricky parenting situation.

Timothy P. Flynn

Why Student Athletes Need Estate Plans

With the onset of NIL, alumni donor collectives, and their attendant regulations, elite student athletes now need estate plans. This post examines these recent legal changes in what once was considered amateur athletics.