Often, we see parents reassess their entire lives and make a series of rapid significant life-changes in the wake of divorce. Changing jobs, counties, even states, is common.
Sometimes, a judge is just looking for some cheap professional attention. That’s what we suspect occurred this week when a Tennessee family court judge cited the SCOTUS marriage equality decision, among other reasons, as the stated basis for denying an elderly couple’s divorce. After hearing from 7 witnesses and considering dozens of exhibits over 4-days, Hamilton County Chancellor Jeffrey Atherton refused to grant the divorce sought by the litigants. And now, perhaps by the Chancellor’s design, here comes his 15-minutes of ill-conceived fame. In denying the requested relief upon completion of the proofs, the Chancellor stated that because of the SCOTUS decision in Obergefell v Hodges, the Supreme Court now needed to clarify, “when a marriage is no longer a marriage.” The judge’s reasoning is flawed to the extent that whatever our High Court has defined as a fundamental right within the context of marriage has nothing relevant to do with a state law divorce proceeding. Chancellor Atherton further concluded that because the SCOTUS has deemed Tennesseans incompetent to define the central institution of marriage, he is somehow judicially hamstrung on the performance of his sworn duties. Those duties would include presiding over and resolving a contested divorce proceeding through a judgment. What the…? Is this guy trying to match wits with Kim Davis over in Kentucky? Divorce proceedings rarely go to trial. When they do, one of the findings a family court judge is required to make is whether the objects of matrimony have been destroyed such that there is no reasonable likelihood the marriage can be repaired; the ole “irreconcilable differences”. Usually, the simple fact that a complaint for divorce was filed is sufficient. To properly conduct a divorce trial, the family court judge makes factual findings in the case -usually about the parties’ property in a case like this, without children. Also, the judge makes legal decisions based on the fact findings, like whether alimony is appropriate. Then, the judge must issue a judgment of divorce setting forth the findings of fact and conclusions of law. In this case, after 4-days of testimony, Chancellor Atherton concluded the marriage could be salvaged and hoped the couple reconciled. It appears to us, however, that this couple has become victim to the judge’s personal desire to grab headlines by stating his political differences with the Obergefell marriage equality decision. Divorce is difficult enough for couples without this form of petulant judicial grandstanding. We will continue to monitor this case in order to see what “work around” is utilized to correct this judge’s harmful error. In blogging about the marriage equality civil rights movement over the past decade, we predicted that, if the SCOTUS established a fundamental right to marriage, as it did in Obergefell, there would be plenty of fallout; instances where people in positions of power, like this county judge in Tennessee and like the court clerk in Kentucky, simply refuse to obey the law of the land.
Here at Clarkston Legal, we see many custody battles unfold in the family court. Over the years, our law firm has developed experience in the defense and the prosecution of child custody battles; we have become students of the industry.
A defendant in Jackson County was tried for murder in the 2010 death of his 3-month old son. The prosecutor’s theory was that the father caused his infant son’s death by shaking him or throwing him against a wall.
If the parties to a divorce do not settle their divorce, then a family court will decide the issues in the case, including spousal support and whether income should be imputed to a non-earning spouse. The court’s decision is discretionary thus, what the court orders will stand unless that powerful discretion is somehow abused; that is precisely what happened in Loutts v Loutts regarding the issue of alimony.
Often, our law firm represents someone accused of criminal sexual conduct. In such cases, one of the penalties is being listed on the sex offender registry -known as SORA in the industry- as a component of the sentence.
We lawyers are not supposed to be soliciting anyway, as it is expressly prohibited in the Rules of Professional Conduct. But over the years, a small group of divorce lawyers, unable to get clients any other way...
Yesterday, Governor Snyder signed Senate Bill 09 and tied barred House Bills 4071 and 4482 which provide protections for active service members involved in family court child custody proceedings.
Last week, the United States Supreme Court addressed one of the finer points of the Fourth Amendment’s search and seizure clause in a Nebraska case, Rodriguez v United States. The decision, released on Tuesday, held that police cannot detain a motorist any longer than is reasonably necessary to complete a routine traffic stop.
Last month, certain components of Michigan’s sex offender registration act [SORA] were invalidated as unconstitutional by a federal judge in Detroit. Since passing the law in 1994, the Michigan legislature has made a series of amendments tightening restrictions on registrants over the past two decades.
Last weekend, we noticed an article in the Detroit Free Press about one of our colleagues from Troy, MI who got into some hot water relative to his estate planning practice.
Earlier this month, the Michigan Court of Appeals again considered the 100-mile rule in a published decision. The case is significant to the extent that it provides parents guidance on the location of their post-divorce domicile and is yet another case that illustrates the concept of joint custody.
Earlier this month, the Michigan Court of Appeals addressed alcohol abuse and parenting conditions in a rare published opinion; rare in that parenting time appeals do not get published very often.
Wow. A recent unpublished Court of Appeals decision arising from a messy Waterford & Clarkston divorce touches on many significant legal issues that arise in family court.
Defense Lawyer Deficient in Baby Death Case
In mid-January, the Michigan Court of Appeals again addressed an aspect of the oft-litigated Medical Marijuana Act. This time, the issue was what parts of a marijuana plant count when determining whether a certified care provider has complied with the Act to obtain immunity from prosecution.
Parents behaving badly in family court; happens all the time. When your family life is placed in the public arena of family court, pressures can mount; not everyone handles the pressure with poise or grace.
Last week, the Michigan Court of Appeals reviewed the language of a divorce judgment from the Kent County Family Court. The issue presented to the appeals court was whether certain language contained in a consent judgment...
Last month, just before the holidays, Governor Rick Snyder signed several tie-barred bills into law dealing with paternity and the rules establishing paternity in the county family courts of Michigan. The statute, officially known as the Genetic Parentage Act, adopts DNA testing and streamlines the procedure for establishing paternity in the family court.
Every year there are multiple family law decisions the contribute to the jurisprudence of Michigan’s family law. There are too many decisions to summarize here in this blog post.
James Brown was known as the “Godfather of Soul.” When he died in 2006, he was considered by many to be one of the most influential musicians of the 20th Century.
This is a seasonal re-post from last December. The suggestions apply to divorced or separated families this time of the year.
Paul Heminger admittedly grew nearly two-dozen (22 to be exact) marijuana plants on his property in Alger County, Michigan. At trial, during her closing arguments, Alger County prosecutor, Karen Bahrman, criticized the medical marijuana law and attacked the credibility of the Alger Hemp Coalition, the organization which a defense witness belonged.
Lesbian Mom Prevails Under Equitable Parenting Doctrine
According to the Innocence Project, misidentification is the leading cause of wrongful convictions. This statistic is important to criminal defense lawyers of my half-century vintage.
In a recent case of first impression, the Michigan Court of Appeals ruled that the county family court, in this case St. Clair County, can compel a party to a divorce to sign a joint tax return.
Here is a tough choice: to serve your country through military service, or to continue being the primary care provider for your preschooler. That is the decision a Wayne County mother had to make recently as she contemplated her options in family court.
Times have changed. In 2014, we now live in a fully digital world; computers are literally everywhere. Technology changes faster than we can keep up with, and we may not realize how that can affect our estate.
Social acceptance and decriminalization has equated to more people getting behind the wheel after they have consumed marijuana. However, unlike alcohol, there is no standard measurement to determine whether someone has had “too much” weed while operating a motor vehicle; if blood is drawn and there is any THC, the active ingredient of pot, then the driver is in violation.
Recently, I came across an article in the Probate Lawyer Blog that focused on the deteriorating health of celebrity actress Amanda Bynes, and how her parents were eventually forced to seek a guardianship and a conservatorship for their famous daughter.
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