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Posted: Apr 20, 2022, 10:15 AM
Even though the parties’ consent judgment of divorce included an offset provision regarding the defendant’s military retirement benefits that was a “mistake” in the exercise of jurisdiction, the defendant’s challenge to enforcing that provision is an improper collateral attack, the Michigan Supreme Court has ruled
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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.
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Posted: Mar 23, 2022, 10:15 AM
The trial court’s decision to vacate the custody and parenting-time provisions in the parties’ divorce judgment must be reversed, the Michigan Court of Appeals has ruled, because the trial court erroneously held that the defendant first had to establish paternity.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Posted: Nov 11, 2020, 10:30 AM
In this divorce action, the Michigan Court of Appeals held that the trial court did not abuse its discretion by: 1) awarding the ex-wife attorney fees, 2) including newly vested stock in the total vested stock to be divided between the parties and 3) modifying the spousal support award and divorce judgment to order the ex-husband to purchase a life insurance policy naming the ex-wife as the beneficiary.
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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.
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Posted: May 20, 2020, 9:40 AM
A consent judgment of divorce under which the parties agreed that the defendant would pay the plaintiff one-half of his military retirement benefits is preempted by federal law and is unenforceable, the Michigan Supreme Court has ruled.
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Posted: Apr 15, 2020, 10:30 AM
A trial court wrongly held that the plaintiff’s motion to enforce the parties’ judgment of divorce was untimely and frivolous, and that it did not have the authority to consider the plaintiff’s motion, the Michigan Court of Appeals has ruled.
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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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Posted: Dec 25, 2019, 6:20 PM
The Jackson County Circuit Court in Patterson v Patterson (Docket No. 347415), issued a judgment of divorce and a custody determination following a bench trial. The plaintiff was awarded primary physical custody of the parties’ minor children.
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Posted: Dec 18, 2019, 9:35 AM
The plaintiff and the defendant, who were married for 29 years, entered into a consent judgment of divorce in 2014. The judgment included a spousal support provision that said the plaintiff would receive spousal support for 10 years, until the plaintiff’s death or until she remarried, whichever occurred first
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Posted: Dec 11, 2019, 11:50 AM
The ex-wife in Ripley (Docket No. 327285) argued the trial court wrongly allocated two assets to the defendant – the accounts receivable at his law firm and a GTO – without first including their value in the marital estate. The ex-wife also claimed the trial court’s overall division of the marital estate was inequitable.
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Posted: Dec 4, 2019, 10:45 AM
The plaintiff and the defendant were married in October 1995. When the couple divorced in 2018, the plaintiff was 58 years old and the defendant was 65 years old. The parties have two children, one of whom was a minor at the time of the divorce.
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