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Blog

Divorce Over 50: Be Prepared

January 14, 2016
Posted in: Divorce

Americans have a weird view of older people — we seem to think that once you’ve surpassed middle age, you’ve “settled in” and whatever circumstances you live in are the ones you’re going to be content with for the rest of your life. Anyone who has elected for a divorce past the age of 50 knows better: getting older doesn’t ...

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Adoption and Children with Special Needs

January 11, 2016
Posted in: Adoption

Adopting a child is a blessing for all involved — the child who is being welcomed into a family that will last their lifetimes, the family who is gaining a valued new member, and society as a whole. We all benefit from children who are wanted, loved, and raised knowing their future is more-or-less secure. But what about children with ...

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Child Custody for the Information Age: Virtual Visitation

January 7, 2016
Posted in: Child Custody

Modern custody agreements, like modern parents, are adapting to the smartphone culture faster than the law can keep up. For example, many modern custody agreements now offer a section referring to ‘virtual visitation’ in the same terms that normal physical visitation is. The courts in general support this idea, as it’s generally considered to strengthen the relationship between the noncustodial ...

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Explaining the Friend of the Court

January 4, 2016
Posted in: Child Custody, Divorce

Most people don’t realize that a Michigan divorce with children involved actually involves two separate elements of the Family Court system. The first is the obvious: the Circuit Court judge that oversees the overt elements of your divorce (i.e. the division of assets and the custody arrangements). The second is more subtle, but arguably more important — at least in ...

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Separate But Married: ‘Separate Maintenance’ in Michigan

December 30, 2015
Posted in: Divorce

Now that the fiction of a ‘civil union’ has been mostly done away with and homosexuals can use the same laws the rest of the country does, most people consider just three conditions for a couple: you can be unmarried, you can be married, or you can be divorced. But in most states, including Michigan, there’s a rarely-discussed fourth option: ...

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Clearing Up Custody: Legal vs. Physical and Sole vs. Joint

December 27, 2015
Posted in: Child Custody

There are a lot of misunderstandings that happen in conversations about custody. A large part of that it because people don’t really understand that ‘custody’ is not a complete legal concept in and of itself. Instead, it’s broken up into two parts: legal custody, and physical custody. Physical Custody is the term used to describe which parent houses the child. ...

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Congratulations, Grandparents: Your Visitation Rights Are Secure!

December 23, 2015
Posted in: Child Custody

Just in time for Christmas, a case that has been fought for almost two years has finally come out of an extended appeals process, and grandparents across Michigan should be happy to hear the result. In the case of Varran v. Granneman, a pair of grandparents that were very involved in their grandchild’s life were cut off from their grandchild ...

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Religious Marriage Contracts as Prenuptial Agreements?

December 20, 2015
Posted in: Divorce

Many Americans are unfamiliar with the idea of a religious marriage contract: essentially, it’s an agreement that two people of shared faith write with the help of their local religious leader that lays down the ‘rules’ of their marriage. The most commonly-seen are the Jewish and Islamic variations on the theme. One of the sections of these two religious marriage ...

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What Exactly Is “Marital Property” in Michigan Divorce Law?

December 16, 2015
Posted in: Divorce

One of the major portions of a divorce proceeding is the division of assets. As a part of that process, the court is obligated to first create three categories of assets to be divided: a separate property pile for each spouse, and the “martial property” pile. Each separate property pile usually goes entirely to the spouse it belongs to, and ...

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Common Misconceptions in Michigan Divorce Law, Part II

December 13, 2015
Posted in: Divorce

Michigan divorce law isn’t exactly easy to wrap your mind around, which is a good part of why family lawyers like the ones at Gucciardo Family Law hear so many misconceptions about how the law works. We did 3 earlier this week — let’s do 3 more and call it good. Once My Son is (13, 14, 15, 16) He’s ...

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