Divorce Mediation
 by David Caplan

Divorce Mediation

Very few divorce cases actually go to trial.  Trial imposes great emotional cost (airing dirty laundry in public; giving your life decisions to someone else) as well as financial cost (attorney preparation and trial presentation, subpoena costs, expert witness fees, etc.).  Most cases are settled and of those, most settlements occur as a result of mediation, a method of alternative dispute resolution.  Mediation in divorce cases is provided for under the court rules and is a cost-effective way to resolve a case.  However, each side must be prepared to compromise.

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Can I Make My Husband Pay for My Divorce?
 by David Caplan

Can I Make My Husband Pay for My Divorce?

In a manner of speaking, yes, but it is rare to find an attorney who will accept the responsibility of a case without any retainer unless there is a large marital estate and/or substantial income earned by the other spouse.  Whether or not ones entire fee will be paid is unknown until the end of the case.

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What Will the Court Consider When A Party Seeks Modifications to Parenting Time and/or Child Custody Arrangements?
 by Rachel Frawley

What Will the Court Consider When A Party Seeks Modifications to Parenting Time and/or Child Custody Arrangements?

In family law matters, the past behavior and practices of the parties will always be examined whenever change is sought. Michigan law in this area is well established and courts are continually bombarded with parents asking for modifications to child custody or parenting time arrangements. One common mistake that many parents make, is that they assume past indiscretions or old issues can be brought up when seeking modification of prior orders. When asking the court to change an existing custody and/or parenting time arrangement, a court will only consider occurrences in the time period after the last court order was made.

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If I Divorce, Why Should I Use An Attorney Who Specializes In Family Law?
 by David Caplan

If I Divorce, Why Should I Use An Attorney Who Specializes In Family Law?

You’ve heard of the expression: “Jack of all trades, master of none.” It applies to the practice of law, now, more than ever. As time goes on, the laws change and procedures change. The need to deal with a specialist is paramount as there is a separate body of law for each legal subject that the practitioner must know. With family law, there is even a separate division of the Circuit Court (Family Court Division) to handle the cases. An attorney will also have to deal with the Friend of the Court personnel for each county in which they practice. If an attorney is out of their element, how effective can he or she be? If the matter is highly contested and/or there are complex issues, the answer becomes even more obvious.

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Should I get a Legal Separation?
 by David Caplan

Should I get a Legal Separation?

In Michigan, legal separation is referred to as “Separate Maintenance”. A separate maintenance agreement is not appropriate for every situation. You can physically separate on your own without any legal intervention. However, if you want to ensure that certain protections such as bills getting paid or that you receive support for you and your children, you will need to have the involvement of the Family Court.

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