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divorce Archives

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.

Tips for drafting an enforceable postnuptial contract

Michigan law allows a couple to draw up a contract after they are married. This type of agreement, called a postnuptial contract, does not indicate that a couple is on the verge of divorcing. In fact, executing this type of contract may be a strategy for preserving a marriage; especially if a couple’s divergent financial habits are a source of frequent contention.

Preparing for mediation

Divorce is one of the most stressful and emotional events a person experience, and it is one that many Michigan residents have gone or will go through at some point. However, there are ways to make it less painful for everyone involved.

Don't forget to update your contractual obligations after divorce

A divorce requires the parties to divide not only their marital assets, but also any debts of the marital estate. Furthermore, the parties must notify any entities with whom they have contractual obligations about their changed marital status. Failing to follow through could land the parties in hot contractual waters, as a recent criminal case illustrates.

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