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Realities of Divorce: We are All Sexist – Every One

August 10, 2017
Posted in: Divorce

One of the greatest changes in family court norms over the past 50 years has been a strong move to reduce sexual discrimination. Judges are broadly pressured to treat men and women as equal partners, with particularly pernicious issues like child custody being dealt with by changes in statutory law, such as the proposed house bill that would make shared ...

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Realities of Divorce: Precedents, Cases, and Norms: Part II

August 7, 2017
Posted in: Divorce

In Part I, we talked about the written legal guidelines that all courts — including family courts — followed, including statutory laws and common laws (a.k.a. precedents). Now, it’s time to talk about one of the aspects of divorce law (and all law, really) that doesn’t get a lot of airtime: legal norms. Legal Norms As opposed to the laws, ...

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Realities of Divorce: Laws, Precedents, and Norms: Part I

August 3, 2017
Posted in: Divorce

When we describe how divorce works, by necessity (as we are, in fact attorneys), we describe the processes in terms of what the law says and what it means for our clients. But the truth is that our very system of law is rooted in a massive series of assumptions and routines that aren’t actually written into lawbooks anywhere, but ...

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Realities of Divorce: The Two Paths Forward

July 31, 2017
Posted in: Divorce

Almost everyone who is getting a divorce goes through one of two sets of processes, both legally and psychologically, that have very different outcomes. Let’s look at those two in the broadest sense, and why it matters which one your lawyer believes is likely to apply. Opening Interrogations At the beginning, each person talks to their own lawyer about their ...

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Realities of Divorce: The Myth of the “Out-of-Nowhere” Divorce

July 27, 2017
Posted in: Divorce

While it’s not anything like a scientific study, we here at Gucciardo Family Law have worked closely with our fair share of Marriage, Family, and Child Therapists (MFCTs), and we’ve asked them a lot of questions about their experiences with married couples. One of the things we weren’t at all surprised to learn is that women tend to wait a ...

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Division of Property, Gender, and the Endowment Effect

July 24, 2017
Posted in: Divorce

When you decide something is “yours” — or “ours,” if you’re happily married — a funny thing happens. Whether consciously or not, you start to treat that object as though it is worth more than an identical object that doesn’t belong to you. Psychologists call this the endowment effect, and they’ve proved in it dozens if not hundreds of studies. ...

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Three Painful Facts about Brutal Child Custody Battles

July 20, 2017
Posted in: Child Custody

Child custody battles are among the most emotionally fraught parts of any parent’s life, much less “just” the divorce process. But like every court case, there’s more people involved than just you, and in many cases, the other spouse is just as emotionally invested if not moreso than you are — and the child may be anywhere on the spectrum ...

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Can a Rapist get Named as the Legal Father of my Child?

July 17, 2017
Posted in: Child Custody

Can a rapist get himself named as the legal father of your child? Not anymore. Up until about a year ago, however, they totally could. The law didn’t explicitly allow someone who had committed rape (or any other sexual assault that resulted in conception) to pursue the status of legal father — but didn’t stop them until after they had ...

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What Are the Child Custody Rights for Unmarried Parents in Michigan?

July 13, 2017
Posted in: Child Custody

These days, it’s not entirely unusual for couples to have children out of wedlock. In some cases, this occurs due to unexpected pregnancy, while in others, the parents make a choice to live together and raise a family without getting married. The problem is that this type of arrangement can muddy the waters of child custody, so that if parents ...

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What You Should Know About Post-Majority Child Support in Michigan

July 10, 2017
Posted in: Divorce

When children are minors, which is to say, under the age of 18, parents are responsible for their care, and this means providing for material needs such as food, clothing, medical care, and so on. Just because parents get a divorce doesn’t mean they aren’t both still legally obligated to financially provide for these basic needs. Following divorce proceedings, many ...

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