On behalf of Bailey Smith & Bailey, P.C. posted in Divorce on Saturday, February 18, 2012
As Michigan home values have plummeted in the past few years, many homeowners have found themselves unable to sell their homes. With an eye toward making lemonade out of a lemon real estate market, or maybe because the demands of the family mean a bigger home is necessary, some homeowners have taken on home renovations and remodeling projects to expand their homes. Egged on by home renovation and re-design reality television shows, some renovations projects have become expensive, expansive marital property and have literally blown giant holes in the family home and budget.
Unfortunately, the stress of a home renovation project can push some couples to the limit financially, emotionally, and figuratively - revealing all the fissures in a marriage that the couple has previously been able to ignore. While no numbers show the number of Michigan divorce filings caused by a home renovation gone bad, it's no wonder that a remodel can pit a couple against each other from picking out paint colors to clamping down on flashy upgrades in an over-budget renovation.
On behalf of Bailey Smith & Bailey, P.C. posted in Property Division on Thursday, February 16, 2012
A divorce is often more than a legal dissolution. It can include property division, alimony payments, moving out of the family home and reaching child custody and support agreements for many Michigan couples. Even with all of these changes, property division and other aspects of a divorce can be done amicably, and cost less using alternatives divorce options over going to trial.
Mediation and collaborative divorce approaches are two ways couples can reach a settlement. This settlement can include basically all the workings of a divorce. These options require that both sides are willing to negotiate. If both spouses aren't willing to negotiate, these options are more likely to fall apart.
On behalf of Bailey Smith & Bailey, P.C. posted in Child Custody on Friday, February 10, 2012
Sometimes legislation is made to protect vulnerable people, such as children. These laws are often written with the best of intent, but as societal interactions and science develop, laws can become quickly outdated and have an adverse effect on those they are intended to protect.
One Michigan father is now fighting for custody of his biological daughter, but is struggling to regain custody that he lost when the girl's mother left the man to reconcile with her estranged husband. A law dating back to 1956 seems to allow a non-biological father to take custody of a child if they are married to the child's mother and claim responsibility for the child.
On behalf of Bailey Smith & Bailey, P.C. posted in Divorce on Wednesday, February 8, 2012
Demi Moore's recent hospitalization is just the latest example of how emotional strain following a marital split can culminate in health problems. But, divorce does not have to be such a high-level stressor: among other things, getting appropriate professional help and having a clear vision for desired outcomes can help individuals through the process of ending a marriage.
According to new research, there may be another way to ease the tensions of divorce: going through it at an older age. A study recently published by a sociologist at Michigan State University found that older individuals generally suffer fewer divorce-related health consequences than their younger counterparts.
On behalf of Bailey Smith & Bailey, P.C. posted in Divorce on Wednesday, February 1, 2012
Getting a divorce can be a stressful situation. There are ways to help prepare for divorce negotiations that will hopefully mitigate overwhelming feelings once you and your partner have decided to split. Sometimes, what one person perceives to be fair in the divorce is not what the other person thinks.
By taking steps to gather as much information, records and data about your married life, as well as some things about your life before you were married, you can help prepare yourself for negotiations and make things go as smooth and quick as possible.
On behalf of Bailey Smith & Bailey, P.C. posted in Property Division on Friday, January 27, 2012
Five years ago, divorcing couples would battle over splitting property, much like they do today. Only today they are battling over different things. Today's divorces in Michigan are less inclined to involve property division battles over a couple's once shared home as they did before the housing market collapse. This can complicate property and debt division.
Before, houses were seen as the most prized asset in a divorce, and if one spouse could afford the house, they were lucky to receive it in the settlement. Now, couples whose mortgage payment is more than their home is worth would prefer not to own the home after the divorce.
On behalf of Bailey Smith & Bailey, P.C. posted in Child Support on Wednesday, January 25, 2012
Many parents rely on child support agreements after their divorce to support their children. Sometimes these agreements aren't honored by noncustodial parents in Lansing, making them child support violators. These violations are typically enforced by individual states, but now the federal government is launching a new resource to help.
A division of the U.S. Department of Health and Human Services, the Office of Inspector General, has launched a new website containing information that could lead to the capture of the most serious child support violators in the country.
On behalf of Bailey Smith & Bailey, P.C. posted in Alimony on Thursday, January 19, 2012
As the baby boomer generation ages and starts to retire, many in this group will be looking to supplement their retirement with income from Social Security. Sometimes people in Michigan didn't work as much as their former spouse, because they were raising children or had some other agreement as part of their relationship, and their Social Security benefit will be less.
If a couple is now divorced and one of them has a lower benefit, they may be entitled to receive a larger benefit based on their former spouses benefit. Many Michigan couples who divorced years ago didn't consider Social Security as part of their spousal support agreement, but that doesn't mean they still can't collect it. There are certain criteria, but many times it can increase a benefit without a former spouse even knowing, because it won't affect their benefit.
On behalf of Bailey Smith & Bailey, P.C. posted in Divorce on Thursday, January 12, 2012
For many couples contemplating a divorce, there may be an alternative, depending on your unique situation. For those who still love their partner but just can't live with them anymore or those who have religious beliefs that discourage divorce, a legal separation in Michigan, instead of divorce, might be a better solution for them.
A legal separation can do many of the same things a divorce agreement can do. From alimony to child custody, the agreement can be made to fit the needs of a couple, much like a divorce agreement, without actually dissolving the marriage. If you intend to split up from your partner for an extended period of time without seeking a divorce, you may want to look into a legal separation to protect yourself from financial risk of your partner's spending habits
On behalf of Bailey Smith & Bailey, P.C. posted in Child Custody on Thursday, January 5, 2012
Michigan fathers may see their parenting and visitation rights change thanks to potential changes in Michigan's state laws.
A new series of bills recently introduced in the state senate could change a law that has been on the books since 1956. The current law states that a child born to a married mother is the product of that marriage, even if the father is not the husband. The new laws would allow courts flexibility in determining the best plan for child custody.
