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May 2017 Archives

If you are denied holiday weekend parenting time, read this post

With the Memorial Day holiday coming soon, it is very common for people to take advantage of the long weekend and plan family trips and barbeques. For divorced or separated parents, they may not get to spend the weekend with their children because of their parenting time decree. (Either the alternating weekend does not coincide with the holiday, or things don’t work out because of an alternating holiday schedule.

Are there special issues to consider in a military divorce?

The U.S. Supreme Court recently ruled that a federal law called the Uniformed Services Former Spouses’ Protection Act preempts any applicable state law approach to the contrary regarding property division rights. The state law would classify a waived portion of retirement pay as community property, eligible for division in a divorce. However, the USFSPA law expressly prohibits that approach.

Getting divorced? Make sure you inventory the marital estate

A divorce requires the parties to divide the marital estate. In Michigan, that approach is called equitable distribution, calling for a fair result, but not necessarily a 50-50 split. Although disputes may arise over what constitutes “fair,” our law firm has also found that misconceptions still exist over the predicate issue of what constitutes marital property.

Do retirement needs impact your estate planning?

Many Americans may find it easer to discuss retirement needs rather than estate planning. The former may include fun goals, like retirement vacations, perhaps a move to a warmer climate, or simply more time to take up a hobby or check items off one’s bucket list. Thinking about one’s passing, in contrast, often feels more like a duty or an obligation owed to one’s surviving family members.

Can I move with the children after a divorce?

As you move on from the previous chapter of your life, your circumstances are bound to change and you may find yourself wanting to live somewhere else. Maybe you were offered a job elsewhere or you want to be closer to extended family. Before you can move with the children, though, you need to go through the process of requesting relocation.

With so many options, where do you start your estate planning?

There are a lot of options available in estate planning, and readers may understandably not know what to choose. What's important to remember is that most choices are not mutually exclusive. Said another way, a comprehensive estate claim may contain several tools, including a last will and testament, one or more trusts, an advanced health care directive, and a financial power of attorney.

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Rochester, MI 48307

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