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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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Posted: Jul 25, 2019, 3:50 PM
The parties, Plaintiff-Husband Richard W. Dorko and Defendant-Wife Shelby S. Dorko, were divorced in 2005. The court awarded Defendant-Wife half of the marital interest in Plaintiff-Husband’s retirement benefits and pension via a QDRO through his employment with General Motors.
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Posted: Dec 19, 2018, 2:40 PM
Earnings from the defendant-husband’s medical marijuana grow operation were correctly included in the parties’ marital estate during their divorce proceedings, the Michigan Court of Appeals has ruled.
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Posted: Aug 8, 2018, 1:15 PM
Michigan family-law attorneys can place a lien on a client’s property to be awarded in a divorce proceeding as payment for legal services – as long as certain requirements are met, according to a State Bar of Michigan ethics opinion.
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Posted: Jun 14, 2017, 1:40 PM
The COA issued another published opinion in a grandparenting time case. Geering v Robinson, issued June 13, 2017 (Docket 335794). In that case, the parents had divorced.
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Posted: May 9, 2017, 7:50 PM
The Michigan Association for Justice published an article by Liisa Speaker
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