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Posted: Apr 13, 2022, 10:05 AM
In this divorce case, the MI Court of Appeals adopted a new legal framework that “blends” the “contractual approach” and the “balancing approach” to determine the disposition of a frozen embryo.
Posted: Sep 15, 2021, 11:30 AM
The trial court wrongly terminated the petitioner’s parental rights as a non-surrendering parent under the Safe Delivery of Newborns Law because the petitioner’s divorce complaint constituted a timely petition for custody, the Michigan Court of Appeals has ruled.
Posted: Aug 11, 2021, 9:45 AM
In this spousal support case, the trial court relied on the wrong legal framework to reduce the defendant’s support obligation and, therefore, the matter must be remanded so the proper legal precedent can be applied, the Michigan Court of Appeals has ruled.
Posted: Jul 28, 2021, 10:10 AM
A Michigan trial court has been instructed to scrutinize whether a divorce settlement is unenforceable because the mediator in the case did not conduct the domestic violence screening required by court rule and state law.
Posted: Jul 14, 2021, 10:25 AM
The Michigan Supreme Court is set to review the decision in In re Estate of Von Greiff, where a 2-1 Michigan Court of Appeals panel held that a widow qualified as her deceased husband’s surviving spouse for inheritance purposes, although she had filed for divorce more than a year before his death.
Posted: Jun 30, 2021, 10:20 AM
The plaintiff’s appeal is limited to that portion of the trial court’s order denying her request for attorney fees as a sanction, the Michigan Court of Appeals has ruled, finding that the plaintiff was not entitled to fees.
Posted: Feb 3, 2021, 10:10 AM
A mother’s motion for modification of custody was erroneously denied, the Michigan Court of Appeals has ruled, because the trial court failed to conduct an evidentiary hearing to determine whether she had established the required proper cause or change in circumstances.
Posted: Jan 27, 2021, 10:20 AM
The trial court correctly modified the parties’ custody order to give the mother sole legal and physical custody of the children, according to the Michigan Court of Appeals, because the father’s use of corporal punishment as a method of discipline constituted domestic violence.
Posted: Jan 20, 2021, 11:30 AM
In this divorce action, the trial court properly held that a postnuptial agreement the parties had entered into did not violate public policy and was enforceable, the Michigan Court of Appeals has ruled.
Posted: Dec 23, 2020, 11:05 AM
The trial court in this divorce action should not have denied the defendant’s request for attorney fees without conducting a hearing and allowing the defendant to support her request for fees, the Michigan Court of Appeals has ruled.
Posted: Dec 16, 2020, 10:35 AM
A trial court properly 1) ordered the defendant in this divorce action to pay the plaintiff’s attorney fees as a sanction and 2) held the defendant’s former legal counsel jointly and severally liable for the attorney fees, the Michigan Court of Appeals has ruled.
Posted: Nov 25, 2020, 10:10 AM
An ex-wife must repay Ford Motor Company more than $243,000 that she mistakenly received as part of her ex-husband’s retirement benefits in her divorce, the 6th U.S. Circuit Court of Appeals has ruled.
Posted: Sep 23, 2020, 10:25 AM
A mother’s request to change the school of the parties’ minor child was wrongly denied because the trial judge 1) did not interview the child about his school preference and 2) failed to consider several of the best-interest factors in MCL 722.23, the Michigan Court of Appeals has ruled.
Posted: Sep 9, 2020, 10:55 AM
The trial court should not have denied the defendant’s motion to set aside the parties’ divorce judgment based on alleged fraud because the motion was timely and was allowed under the terms of the divorce settlement agreement, the Michigan Court of Appeals has ruled.
Posted: May 13, 2020, 10:25 AM
The defendant, Anne Jones-Von Greiff, was married to the decedent, Hermann Von Greiff. After 15 years of marriage, the defendant filed for divorce on June 1, 2017. Hermann stipulated that Anne could live in the marital home, to which he never returned, while the divorce was pending. Hermann died on June 17, 2018, just before the divorce judgment was signed and slightly more than a year after the parties had separated.
Posted: May 6, 2020, 12:45 PM
The trial court in this custody action erroneously discounted the role of the parent who worked outside the home and, as a result, improperly ruled that the child only had an established custodial environment with the stay-at-home parent, the Michigan Court of Appeals has decided.
Posted: Apr 29, 2020, 10:50 AM
A father’s use of corporal punishment as a disciplinary method constituted domestic violence and, as a result, the trial court properly modified custody to give the mother sole legal and physical custody of the children, the Michigan Court of Appeals has ruled.
Posted: Mar 25, 2020, 10:05 AM
On appeal, the defendant claimed the trial court’s decision regarding proper cause or change in circumstances was erroneous. Among other things, he challenged the timeliness of the evidence considered by the trial court
Posted: Mar 18, 2020, 9:15 AM
The plaintiff-mother and the defendant-father were married in 2013. They child was born in 2015. A judgment of divorce was entered by the Oakland County Circuit Court in April 2016. The divorce judgment provided that the parties shared joint legal custody of the child and the plaintiff had primary physical custody.
Posted: Feb 19, 2020, 2:15 PM
A settlement agreement signed by the parties in this divorce action was valid and enforceable, the Michigan Court of Appeals has ruled, even though the mediator did not conduct any domestic violence screening pursuant to the Michigan court rules.
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