Delia A. Miller, PLLCDelia A. Miller, PLLC2024-03-04T18:11:46Zhttps://www.deliamillerattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1200456/2020/12/cropped-Favicon-32x32.pngOn Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471812024-03-04T18:11:46Z2024-03-04T18:11:46Zgoing through a high-asset divorce, here are some mistakes to avoid.
Take your time
Divorce is often a long process and while you might want nothing more than to get it over with and move on with your life, do not accept a settlement offer just because you want to speed up the divorce process.
Spouses who settle too quickly can end up paying too much or receiving too little. The extra time it takes to negotiate a settlement is usually worth it in the long run.
Do not hide assets
Be honest. The thought of losing valuable assets can be difficult and you might be tempted to hide it. However, there are various methods available to uncover hidden assets, so you risk getting caught.
Additionally, Michigan law states marital property should be divided equally. Spouses who hide assets are usually sanctioned by a court by being awarded less than their fair share of assets.
Keep the process amicable
Divorce is usually stressful whether you knew it was coming or were blindsided by it.
Divorces involving arguments and conflict usually end up costing more money. You can end up depleting marital funds that you could be splitting.
Do not forget to consider the tax consequences of any divorce decisions. You may have to pay taxes on any assets you are awarded. Any potential owed taxes should be factored into your divorce settlement.]]>On Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471792024-02-19T19:45:55Z2024-02-19T19:45:55ZChild custody basics
Michigan residents who take the time to learn about the basics of child custody in Michigan may have an easier time following the legal proceedings and keeping their emotions in check. In the end, focusing on the legal issue itself may make the parties involved feel better about whatever child custody arrangement becomes the end result.
First, there is legal custody and there is physical custody. Legal custody refers to the right to make important decisions in the child’s life, like where the child will go to school or church, what types of extracurricular activities the child will participate in and even what type of medical treatment the child will receive, for example. Most courts start from the default position that the parents will have joint legal custody, meaning both will have an equal say in these important decisions.
Physical custody refers to where the child will actually live. Courts can get creative here, as long as the standard of what is best for the child is the paramount concern in mind. Oftentimes, one parent or the other will have primary physical custody since it is hard to do joint physical custody of a child.
The term “parenting time” is common in Michigan to refer to the time that a child spends with the parent who does not have primary physical custody. But, there will be an effort to make sure that both parents have close to equal parenting time with the child.]]>On Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471782024-02-05T12:28:40Z2024-02-05T12:28:40Zthat there has been a breakdown of the marriage.
Never ignore the complaint
Read the divorce complaint thoroughly. You must file a response within a certain deadline and the complaint will detail the exact requirements for filing this response and any next steps you must take.
You may want to throw the complaint away or ignore it, believing that this will prevent the divorce from happening but this is not true. Ignoring divorce papers is one of the worst mistakes people make.
If you do not respond to the complaint, you might lose your chance to contest any of the terms. The complaint usually states what your spouse is requesting in terms of property division, alimony or other matters.
Not responding to the complaint could be viewed by a court as your agreement to the terms. For example, if your spouse requests $1,000 a month in alimony and the house, failing to respond to the complaint might mean you agree to those requests.
Respond within the deadline
Provide your response within the deadline and make sure it complies with all legal requirements. If you are not sure what these are, consult with a professional.
Once your response is filed, begin gathering documents. There are various documents you will need during different steps of the process. Learning what you need and when can increase your chance of an efficient divorce process.
]]>On Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471772024-01-22T10:26:08Z2024-01-22T10:26:08Zpayment of spousal support to ensure that both spouses have sufficient income and assets to support them after the divorce becomes final. In other cases, alimony is sometimes used to ensure that both parties will be on a more-or-less equal financial footing. In many cases, the two spouses can determine the amount of spousal support and the terms of payment by negotiating the issue themselves.
If a couple wishes to negotiate the terms of spousal support, they should keep in mind that alimony is just another kind of marital asset that must be divided in the divorce. In other words, spousal support can be used to offset the award of a substantial asset to the other spouse such as the controlling interest in a family business.
What if the judge decides?
If the divorcing couple cannot resolve the issue of spousal support by negotiating a mutual agreement, the judge will decide the issue. One party must make a specific request for alimony before the judge will take up this issue. If a request for alimony is made, the judge will consider a variety of factors.
These factors may include one or more of the following:
Behavior during the marriage. The judge will examine the parties’ conduct during the marriage and attempt to determine which spouse was responsible for the breakdown of the marriage. A determination of fault, however, will not resolve the issue of spousal support.
The length of the marriage. If one spouse lacks job skills or an established career, the judge is more likely to require the working spouse to pay support to the other spouse.
Each party’s ability to work. A judge is more likely to award spousal support to a person who is unable to work or to earn a substantial income. This type of support may have a limited duration to permit the recipient spouse to finish school or gain job skills.
The liquidity of each party after assets are divided. A judge may award alimony to the spouse who is required to sell assets to generate cash to pay living expenses. This factor may influence the spouses’ negotiations regarding support.
The ages of the parties. A person who has not worked during the marriage is likely to receive an award of alimony. However, if the other spouse is retired and living on a fixed income, the court may decide that an award of alimony is not justified.
Ability to pay spousal support. The evidence may demonstrate that one or both parties do not have the financial capacity to pay alimony. In such cases, the court is not likely to award spousal support to either party.
The health of each party. The health of each spouse is relevant if it affects the ability to work and earn enough to meet their personal needs.
This list would be considerably longer if the other factors commonly considered by judges in awarding alimony were included. Awarding alimony is a very complicated issue in Michigan courts. The advice of an experienced divorce attorney could be very helpful in prevailing on a motion to compel payment of support.
]]>On Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471762024-01-15T07:06:38Z2024-01-09T07:05:30Zsuch behavior is plainly illegal.
The penalties that may be imposed on a person who hides assets from the other party in a divorce can be very severe: the court may charge the party who hid the assets with fraud and order the payment of damages to the other spouse.
Sometimes, the award of damages requires the defrauding spouse to transfer all of the hidden assets to the other (non-defrauding) party. And most judges area willing to award attorneys’ fees to the defrauded party.
Finding hidden assets is expensive
An attorney can initiate a hunt for assets very cheaply by sending a straightforward demand letter to the other party or the party’s attorney. If the other party is dedicated to the idea of hiding assets, the demand letter may not be sufficient. The attorney for the party looking for hidden assets may need to serve discovery requests such as depositions, interrogatories, requests for production of documents, and one or more motions to compel discovery.
Depending upon the amount of assets that are believed to have been hidden, the searching party may wish to hire experts such as forensic accountants and tax experts. These experts are very expensive and can spend a lot of the client’s money very quickly. Before engaging in any hunt for hidden assets, the client and the attorney should set a budget for the search that is coordinated with the amount of money that may be at stake.
An attorney’s ethical responsibility
A lawyer who is representing a party who is contemplating hiding assets should have a heart-to-heart talk with the client to ensure that the client understands that an attorney cannot engage in hiding assets. If the attorney participates in such a scheme, he or she may lose the license to practice law.
]]>On Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471752023-12-22T16:40:20Z2023-12-26T15:35:22Z physical and legal custody, the answer is yes. If you have joint custody, the answer is complicated and depends on the specifics of your situation.
Legal and physical custody
Michigan law recognizes the right of both parents to physical and legal custody of their child.
The term "physical custody" refers to where the child lives. Typically, even if a child lives with one parent most of the time, the other parent has some rights to parenting time and visitation.
The term "legal custody" refers to a parent's legal right to make decisions about their child's education, upbringing and medical care.
It's common for divorced parents to have some kind of joint custody arrangement for both physical and legal custody. This arrangement is detailed in a court order.
If you are subject to a child custody order, move far away, this will has implications for the other parent's physical and legal custody rights. Even if the child lives with you most of the time, the other parent likely has rights to parenting time and decision-making. Even if you have sole legal custody, the other parent likely has some rights to parenting time.
Parental relocation
Under Michigan law, parents typically need a court's permission before they can move if one of two situations applies:
They have joint legal custody and they plan to move more than 100 miles away from where the child lived when the child custody order began; or
They have any kind of custody arrangement and they plan to move out of Michigan.
This requirement applies to both parents.
Moving with your child
If you have joint custody, and you wish to move out of state or more than 100 miles away with your child, first you can ask the other parent to consent to the move. If they agree, it's a good idea to get that agreement in writing and submit it to the court.
If the other parent does not agree, the other parent has the right to ask for a hearing at which the court will decide whether to allow the move.]]>On Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471742023-12-18T22:57:36Z2023-12-15T22:55:51ZIn practice, the reality may not be as scary as you imagine.
Retirement accounts and marital property
Michigan law classifies all retirement accounts acquired or contributed to during the marriage as marital property. As such, these assets are subject to equitable distribution. This does not mean that you will instantly lose 50% of your account in the divorce though. The family law judge will decide what they believe is fair and just, unless you have a divorce settlement agreement or a pre- or postnuptial agreement.
To determine what is fair and just, the judge will look at you, your spouse and your marriage holistically. This includes how long you and your spouse were married, what you each contributed, what you each need and any other pertinent information and circumstances.
Only the marital portion is divided
The court will only divide the marital portion of you and your soon-to-be ex-spouse’s retirement accounts. This is the portion that accrued or earned during your marriage. Anything predating the marriage or post-separation is considered separate property and remains untouched.
For example, if you have a 401(k) with $500,000 at divorce, but you had it prior to divorce, only that portion of the account that accumulated during the marriage would be subject to equitable division. Accordingly, if you already had $50,000 in the account when you were married, then that amount would not be subject to division.]]>On Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471732023-12-11T12:15:51Z2023-12-01T12:15:04ZChild custody process
The process beings when one spouse files for divorce in the court in the county where you or your spouse reside. The court may issue a temporary child custody order and may require you and your spouse to participate in mediation.
Mediation is a process where a neutral third party can help you and your spouse agree about custody and parenting time. If you reach an agreement in mediation, you can submit it to the court for review and approval.
If you are unable to agree, the court will hold a hearing to decide on custody and parenting time for you. They will consider the relationship you and your spouse have with the child, your mental and physical health and your child’s connections with their school and community.
Parenting plan
Your parenting plan will outline how you and your spouse will share responsibilities for your child’s upbringing. It will address whether you will have joint legal custody, meaning that you share decision-making and joint physical custody, meaning that you have shared physical time with the child, or if one parent will have sole custody.
The parenting time schedule will also list where the child will go for holidays, vacations or other special occasions, how the child’s transportation will be handled, and notice requirements if you or your spouse need to relocate, for example.
It may also include a method to resolve disputes if they arise.
]]>On Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471722023-11-24T14:49:34Z2023-11-15T14:12:03ZMediation
In mediation, a neutral and impartial third party, called a mediator, can help you and your spouse during your divorce. They are trained in family law and dispute resolution. The mediator does not make decisions for you, but they can help you and your spouse agree on outstanding issues like property division, spousal support or child support.
If you and your spouse would like to choose a mediator on your own, you may have the option to do that. Otherwise, the court will appoint a mediator. During the mediation, the mediator will facilitate communication between you and your spouse and can help draft a written agreement that will be submitted to the court for approval.
Arbitration
Arbitration is a second alternative dispute resolution option where a neutral third party, called an arbitrator, makes a binding decision for you and your spouse. Usually, the arbitration process starts when you and your spouse discuss the issues that need to be decided with the arbitrator.
You and your spouse can present evidence and arguments to the arbitrator, who will make an enforceable decision. Generally, an arbitrator’s decision is final and there are few opportunities to appeal.
If you and your spouse cannot resolve your concerns through alternative dispute resolution, you still have the option to go to court.]]>On Behalf of Delia A. Miller, PLLChttps://www.deliamillerattorney.com/?p=471712023-11-13T14:45:56Z2023-11-01T13:43:03Zhigh-asset Michigan divorce – or in any divorce, for that matter – is the valuation and division of real property, especially the family home. Michigan divorce law requires that the assets owned by the divorcing couple be divided according to their fair market value. However, this rule can be difficult to apply because both parties may rely on their emotionally driven feelings about value.
Perhaps the most effective method of valuing and dividing real property and especially the family home is employing an experienced real property appraiser who is familiar with the local housing market.
What does an appraiser do?
The appraiser’s main job sounds simple: determining the price that a willing buyer will pay to a willing seller for the property in question (commonly referred to as the “subject”). If the parties can agree on which appraiser to hire, they will usually agree to split the fee for the appraisal.
The inspection
After being retained, the appraiser will inspect the subject and its surroundings. During the inspection, the appraiser will make careful observations about the physical condition of the subject and any appurtenant buildings such as garages and storage sheds and the existing of any amenities such as a tennis court or swimming pool.
The appraiser will measure the dimensions of the structure and its individual rooms. With the advent of the digital age, most appraisers have turned to digital photography to make a visual record of the subject.
Choosing an approach to value
Appraisers use one of three approaches to value to reach their opinion: the three approaches are replacement cost, comparable sales, and income. The income approach is rarely used for residential property because residential properties rarely generate income. The replacement cost approach is used only for relatively new subjects because the cost of materials and labor will have significantly appreciated for older buildings. The most reliable and most commonly used approach to value for residential property is the comparison sales approach.
How the comparison sales approach works
Using information obtained from public records about recent sales of residential property, the appraiser will prepare a list of properties are comparable to the subject in size, amenities, and overall quality. The public records will also reveal the purchase price paid for each comparable property.
The appraiser next uses personal knowledge of the local real estate market to determine the fair market value of the subject. Occasionally this value can be expressed as a range of sale prices rather than a single price.
The report
The appraiser will then prepare a written report containing his opinion as to fair market value of the subject. This report is usually shared with the other party and with the court. The report can used to resolve any dispute between the parties to the divorce about the value of the subject. If the parties cannot agree on the fair market value after reading the appraisal report, the report can be introduced as evidence at trial.]]>