Delia A. Miller, PLLCDelia A. Miller, PLLC2026-06-19T00:21:14Zhttps://www.deliamillerattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1204780/2020/12/cropped-Favicon-32x32.pngOn Behalf of Delia A. Miller, PLLC<![CDATA[3 factors that determine who keeps the house in a divorce]]>https://www.deliamillerattorney.com/?p=472732026-06-19T00:21:14Z2026-06-19T00:21:14Z1. Financial stability
The ability to afford the mortgage and escrow contributions is a top consideration in a litigated property division case involving a marital home. The income and credit score of each spouse can influence who ultimately keeps the home when they divorce.
2. Physical capabilities
Homeowners need to make repairs, maintain the space and take care of the yard. Judges and spouses may consider the ability to maintain the house or the capability to afford professional services for maintenance needs when deciding who keeps the home.
3. Custody arrangements
Responsibility for minor children can potentially influence possession of the marital home. The goal in many divorces involving minor children is to keep their day-to-day life as stable as possible. The parent who has more parenting time and whose address is the children's address can keep things consistent for their children by staying in the marital home with them.
Having realistic expectations about property division can help people limit conflict and develop the best legal strategy possible. Learning more about the details that may influence property division decisions can help spouses analyze their circumstances more effectively.]]>On Behalf of Delia A. Miller, PLLC<![CDATA[Potential reasons for an empty-nest divorce]]>https://www.deliamillerattorney.com/?p=472722026-06-11T09:31:47Z2026-06-11T09:31:47ZBecoming empty nesters can be a massive change in someone's life. Some parents have spent decades parenting and raising their children, and it suddenly comes to an end.
In some cases, what closely follows is that the parents decide to get a divorce. Below are a few reasons why empty nesters may decide to end their marriage.
They view the future differently
One issue that can come up is that the parents now have to decide what their future is going to look like since they are done raising children. If they have very different ideas about what they want in life, their goals may not be compatible. An example could be if one person wants to relax and travel while the other person wants to open a new business and work long hours.
They already wanted to get a divorce
Another potential reason is that the couple had already talked about divorce while they still had minor children living in the home with them. They may have intentionally waited until the children moved out to actually file the paperwork. Their desire to get a divorce is not necessarily a new development.
Parenting covered up issues
Finally, the time and work that it takes to be parents can sometimes cover up significant issues in a relationship. Once the children move out of the house, there may be a marked increase in conflict between the couple. They have a chance to reconsider what their personal relationship looks like without any distractions.Although parents getting an empty-nest divorce do not have to worry about child custody issues, property division can still be complex, which is why they need to know what legal options they have.
]]>On Behalf of Delia A. Miller, PLLC<![CDATA[Can your child request a specific parenting time arrangement?]]>https://www.deliamillerattorney.com/?p=472712026-05-30T22:59:55Z2026-05-30T22:59:55Zreasonable preference of the child.” The key stipulation is that the court needs to consider the child’s age and decide if they are old enough to make a request and understand the ramifications of doing so.
For example, if a high school senior says that they just want to live with their dad until they graduate, the court may take that request seriously. If a toddler says that they just want to live with their mom indefinitely, the court will likely believe that they are too young to have a say in the matter.
The child’s best interests
Another thing to note is that the court does not have to honor the child’s request, even if they are old enough to make it. The court has a responsibility to act in the child’s best interests.
They will consider many different factors, such as age, health, living situations, financial stability, parental roles, educational needs and much more. While the court may ask an older child for their preference and may consider it, it is still just one factor out of many that goes into the final decision.
A child’s preference is just one aspect of a custody case. Parents who are going through a divorce or custody dispute benefit from having experienced legal guidance.]]>On Behalf of Delia A. Miller, PLLC<![CDATA[Why financial transparency matters during property division]]>https://www.deliamillerattorney.com/?p=472702026-05-19T11:52:27Z2026-05-19T11:52:27ZPeople who are going through a divorce have to handle the division of their marital estate, which includes assets and debts. In order to do this, both parties must have a complete picture of the financial situation.
Financial transparency means that neither side is basing their decisions about how to handle the situation on inaccurate, outdated or incomplete information. In order to have full transparency, all documentation must be current and comprehensive.
Disclosures can reveal many financial points
A detailed financial review can uncover assets that may be otherwise overlooked during the property division process. These can include things like cryptocurrency assets, valuable personal property, stock options or bonuses. It may also reveal debts that can reduce the marital estate value. Income information is another important consideration because this can impact things like child support or spousal support. In some cases, this is as simple as providing paycheck stubs, but it can be more complicated if either party has more than one income or irregular income. Tax returns, profit and loss statements, and benefit records might be necessary in those cases.
Missing information creates risk
When one spouse provides inaccurate information, the other spouse may agree to terms that they wouldn’t have agreed to if they had the full truth. It’s possible that issues with misinformation could lead to problems in the future, particularly if it later comes to light that it was done on purpose. Because dealing with divorce cases, particularly those with high-value marital estates, can be challenging, it’s often best to work with someone who’s familiar with these matters. When there’s a complex property division situation, your divorce team can work on your behalf to ensure your interests are protected.
]]>On Behalf of Delia A. Miller, PLLC<![CDATA[Should you file for divorce over summer break?]]>https://www.deliamillerattorney.com/?p=472692026-05-04T21:29:40Z2026-05-04T21:29:40ZThere are times to wait and other times to act. When it comes to divorces with young children, many parents struggle with choosing the least disruptive time to file.
Objectively speaking, there is rarely a good time to break up your family. But there are better and worse times to file for divorce when striving to retain the continuity of the household. That’s why filing for divorce over summer break may be a good idea.
Choosing your moment wisely
By filing over the next few weeks when the kids are out of school for summer vacation, you give them the chance to adapt and get used to the idea of spending time with their parents separately. Kids may be shocked, or they might have known that things have been on shaky ground between the spouses. But by introducing these lifestyle changes now, one might hope that the kids would be adjusted to the changes by the fall.
When you may need a little more help
Some kids will appear unruffled by the changes, while others clearly struggle to cope. But even if a child doesn’t seem to need extra help, they could be hiding rising anxiety.Now is a good time to check in with your child’s physician and inform them of the family’s new status. It’s good to keep their pediatrician in the loop so they can best meet your children’s needs.
Don’t go it alone
Divorce can be incredibly destabilizing to families of all shapes and sizes. Rely on your legal team for guidance and legal strategies to prepare you to meet the challenges that lie ahead.]]>On Behalf of Delia A. Miller, PLLC<![CDATA[Why have a travel consent letter in place before summer vacation?]]>https://www.deliamillerattorney.com/?p=472682026-04-14T12:16:21Z2026-04-14T12:16:21ZNow that spring break is over, many divorced parents are beginning to make summer travel plans. Whether this will be the first time you’ll be traveling alone with your child or you’ve done it many times, it’s crucial to make sure you review any travel restrictions you and your co-parent have already codified.
These may involve getting the other parent’s permission if you’re taking your child outside the state or more than a specified number of miles away. If your custody agreement isn’t yet in place, it’s still wise to ensure that your co-parent agrees to the travel.Even if your planned getaway isn’t far or you have your co-parent’s permission, it’s still advisable to have a child travel consent letter if your child is a minor. These are letters signed by both parents that put that consent in writing.
What to include in the letter
The letters can also provide the non-traveling parent with information about things like:
Dates of travel
How you and your child will be traveling (air, car, etc.), details like flight numbers or driving routes and an itinerary (if traveling to multiple locations)
Where you’ll be staying (hotels, vacation rentals, campgrounds, relatives’ homes)
Additional travel companions
Emergency contact information besides cellphone numbers
How and when the child and non-traveling parent will communicate during the trip
It’s often advised to have these letters witnessed and notarized. That’s particularly true if this is one of your first solo parent and child vacations.
Why you may need to show this and other documentation
These letters aren’t just for the other parent’s peace of mind. They may be needed if you’re questioned about your relationship with your child while traveling.This is more likely to happen if you’re traveling by air, train or boat – traveling outside the U.S. Law enforcement, security and other personnel are trained to be on the watch for child traffickers. A child traveling alone with an adult (especially if they don’t look alike or have different last names) can arouse suspicions. In addition to the letter, it’s smart to carry copies of documents, including your custody order and your child’s birth or adoption certificate. If your child is old enough, it’s smart to prepare them for the possibility that they might be questioned by someone in authority.If you have questions or concerns about how best to avoid unnecessary complications when traveling with your child or you need help crafting a consent to travel letter (or getting it signed), it’s best to get legal guidance as soon as possible. ]]>On Behalf of Delia A. Miller, PLLC<![CDATA[Do children testify in court about their custody preferences?]]>https://www.deliamillerattorney.com/?p=472672026-03-27T13:10:33Z2026-03-27T13:10:33ZMany of the best parenting plans in custody orders in Michigan are the result of parental cooperation. The adults work together to set terms based on what their children need and their own availability.
If parents don't agree on what is appropriate or necessary, then the matter may need to go to court. Custody litigation entails both parents presenting evidence to the courts and a judge considering specific factors as outlined in state statutes. One of the factors that a judge may consider is the preferences of the children in the family.Do the courts require that children testify in court in contested custody cases?
Public testimony isn't mandatory
Children generally do not take the stand in open court during custody litigation. Doing so could be traumatizing and could also cause significant damage to their relationships with their parents.Instead, judges seeking to learn about a child's preferences typically speak with the children privately in their chambers. A private consultation with each child gives the judge better insight into family dynamics. It also limits the stress that the children may feel about expressing their preferences.Typically, judges grant more weight to the wishes of older children, especially when backed by well-reasoned logic. Judges onlyconsider their wishes as one of several key factors when deciding how to allocate parental rights and responsibilities. Children do not have the right to choose where they live or to decline parenting time with either parent at any point while they are minors.Parents worried about stressing their children may find that working cooperatively to resolve custody disputes is the best option available.Child custody matters can make it easier for parents to achieve the best possible arrangements for their families.]]>On Behalf of Delia A. Miller, PLLC<![CDATA[Is alimony automatic for divorcing stay-at-home parents?]]>https://www.deliamillerattorney.com/?p=472662026-03-14T20:42:55Z2026-03-14T20:42:55ZSpouses must request support during divorces
Child support is an automatic obligation when parents start living separately. The state looks at the allocation of overnight parenting time and the income of both parents to determine what amount of support might be reasonable.
Spousal support is a different matter entirely. Even in cases where one spouse has not worked in years and has no separate property to rely on, they must still petition the courts to request alimony payments. The courts then review family circumstances, including the need for alimony and the ability of the other spouse to pay, when determining the amount of the alimony and the duration of the order.
Stay-at-home parents who have focused on their children's needs instead of their careers may require support as they work to rebuild their lives financially. Partnering with an attorney familiar with Michigan's unique statutes can help people follow the right procedures if they require spousal support to live independently during or after a divorce.]]>On Behalf of Delia A. Miller, PLLC<![CDATA[How can spouses split a tax-deferred 401(k) during divorce?]]>https://www.deliamillerattorney.com/?p=472642026-03-02T00:56:20Z2026-03-02T00:56:20ZThere is a special document that helps
The final property division order does not automatically split the marital estate. The spouses have to execute deeds, withdraw funds from financial accounts and take other steps to fulfill the terms of the order.
In many cases, drafting a qualified domestic relations order (QDRO) may be part of that process. A QDRO is a document drafted by an attorney after the courts approve the final property division order. It should include the exact account division terms integrated into the court order.
Both spouses must sign the QDRO, and the courts must approve it. The final step is a submission to the financial professional or business managing the 401(k). The QDRO allows that professional to split the account by moving a specific percentage of its balance into a new account in the name of the other spouse. So long as neither spouse withdraws the funds after that split, they can avoid income tax consequences and the financial penalties associated with early withdrawals.
There are solutions for a variety of complex property division issues that can help people preserve their resources. Drafting a QDRO can be an important step to take if the division of a retirement account or pension is necessary during divorce.]]>On Behalf of Delia A. Miller, PLLC<![CDATA[Relocating with children after a divorce]]>https://www.deliamillerattorney.com/?p=472632026-02-12T13:08:00Z2026-02-12T13:08:00ZRelocating after a divorce can get complicated for parents if they share custody of their children. Deciding to move means that parents have to consider not only what is best for them, but also what is in the child’s best interests and how the move affects the other parent’s rights as defined by their custody order.
As a general rule, a major relocation may require a modification of that custody order. Parents should never move in a way that is going to violate the order. For instance, if a parent is just moving within the same city or local area, it is likely not a problem, and they can continue exchanges on the same schedule. But if they are moving to a different state, making those exchanges impossible, then they likely need to modify the order first.
Providing reasons to move
When petitioning the court for a modification, it will want to see that there is a valid reason for the move and that the parent is not just relocating in an effort to infringe on the other co-parent’s custody rights. Some potential examples of reasons include:
Moving closer to extended family members, especially if they can help with childcare and support.
Moving to take a new job that has been offered, especially if it would help support the child or increase their standard of living.
Moving for other life improvements, such as finishing a college degree or seeking a lower cost of living in a different area.
The exact reasons are going to differ from case to case, but the most important thing is to approach the modification before moving. Parents need to know exactly what legal steps to take when addressing custody orders.]]>