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Rochester Law Blog

What disciplinary mistakes should I avoid after a divorce?

Disciplinary issues can be tough for Michigan parents in general. After a divorce, they're sure to become even more complex, especially when you and your ex can't see eye to eye on common child-rearing issues. In this case, the following tips from can help you parent your kids in a loving and effective manner.

Don't strive to be the favorite

When political differences lead to divorce

Across the country, voters recently took to the polls and voiced their opinions on a number of issues, from who they want to replace their current governor to whether or not marijuana should be legal for recreational purposes. People often feel strongly about political issues and voting is an integral part of this nation. However, these strong feelings may lead to fighting within families, including arguments between spouses. During election season, these differences may be even more pronounced, and they may even result in fights where one spouse crosses the line (such as physical abuse, for example).

Even when fights never reach that unfortunate level, they can cause a couple to drift apart over the course of months or years. Sometimes, these political differences even prompt a couple to end their marriage. For example, one spouse may be a Republican and the other a Democrat, both with intense feelings about political matters. When one party is victorious in an election, the wide range of emotions within a household can make things very tense in a couple's relationship.

How can I choose the best trustee for my estate?

If you're currently creating an estate plan in Michigan, you may be considering adding a trust. While this is a very helpful estate planning tool, you'll need to choose a trustee that is capable of performing all necessary tasks, some of which may be complex. AARP offers the following advice to people who are in search of the right person to oversee their trust.

Consider a corporate trustee

Filing for divorce over your spouse's accusations

People end their marriages for all sorts of reasons, but some divorces are the result of one person growing tired of their spouse's constant accusations. Moreover, some people may end their marriage over a one-off incident, such as false allegations involving domestic violence and someone getting a restraining order. Moreover, these accusations could even have an impact on the outcome of a divorce case.

A spouse may constantly accuse their partner of infidelity, drug abuse, excessive gambling or some other issue even though there is no truth to the claims. Some people grow tired of these accusations and they ultimately cause a couple to drift apart and split up. Moreover, a spouse may accuse their marital partner of something that is against the law, such as child abuse. These accusations are not to be taken lightly and they could impact someone's future in a variety of ways, from losing a case involving child custody to suffering serious damage to their reputation.

Property division and family pets

Ending a marriage can present all sorts of challenges, but some (such as custody disputes) can be especially emotional. Property distribution can also be incredibly emotional and for many pet owners, pets such as cats and dogs are not just property but part of the family. Emotions can run high when it comes down to deciding who will be able to keep a family pet after divorce, and an unsuccessful push for keeping a beloved pet can be incredibly overwhelming.

When it comes to property distribution and family pets, this situation can bring up feelings that are identical to some of the hardships that parents face during a dispute over child custody. It is vital to know how courts decide to distribute marital property and look over some of the considerations that may factor into who will be able to keep your dog(s) or cat(s).

Key considerations for modifying parenting time

Children benefit from having healthy relationships with their parents. Even in cases where parents cannot be together, it is in the best interest of the child to maintain healthy visitation with both parents.

In cases where a parent desires to spend more time with the child, it may be possible to seek a modification to the set parenting time agreement. There are a few key considerations to keep in mind when pursuing this option.

Identifying the best time to file for divorce

When someone thinks about filing for a divorce, they may have various questions. For example, they could wonder how their kids will be affected and what the financial consequences of divorce may be. These are important considerations and can also factor into the best time for someone to split up with their spouse. If you are thinking about a divorce, it is pivotal to be mindful of how the time of year in which you approach the divorce process could impact your case.

There are many issues to consider when you are trying to figure out when to split up with your spouse. For example, you or someone in your family may be suffering through a health problem, and it may be a good idea to wait until this issue is resolved before moving forward with a divorce. Or, you may have recently lost your job, leading to various emotional and financial stressors. If you have found yourself out of work unexpectedly, you may want to secure another position before moving forward with the divorce.

Divorce, custody and your estate plan

There are many different legal issues which may arise in the wake of a divorce, from calculating child support payments to the division of marital property. However, those involving children, such as a custody dispute, can be very hard. Moreover, there are other ways in which the parents of minors should protect the best interests of their child. For example, this may include making revisions to an estate plan.

For example, some parents may strongly believe that their child's other parent should not be able to have custody of the children, and they may decide to include this in their will in order to help influence the outcome of a custody case. If you have a will, you may want to attach a statement to your will which covers the reasons why you do not want your child's other parent to have custody. This does not guarantee that they will not be able to have custody of the kids, but it could affect the judge's decision.

How can I prevent conflict between my heirs?

Estate planning can be a complex procedure. Even if you make all the right decisions regarding your assets and property, there might still be conflicts between your heirs. Not only can this greatly draw out the process, it may end up incurring your estate even more money. While you can't always prevent conflicts from occurring, Kiplinger offers the following advice to help mitigate issues between heirs.

Consider creating a trust

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