Financial Hurdles During Divorce
The financial and child related aspects of any divorce are usually the most challenging to resolve. From a financial perspective, assessing assets and sources of income affect how you determine child support, spousal support, and property division. In addition, child support relates to child custody, based on which parent has physical custody of the child. In some cases, couples arrange for joint physical and legal custody, equally sharing responsibilities and expenses. Sterling Heights divorce attorneys can work with clients in Warren, Clinton Township, and throughout Michigan to help them overcome obstacles in resolving divorce issues.
Case law and Michigan property division
Case law frequently determines how courts rule on disputes about property division. For the most part, when couples reach property division agreements outside of court, Michigan courts abide by their decisions.
A case in point that established this precedent is one heard by the Michigan Court of Appeals in 1990 called Keyser v. Keyser 182 Mich. App. 268 (1990) 451 N.W.2d 587. In this case, the court’s decision cited several earlier cases when determining that a settlement should only be voided on satisfactory evidence of mistake, fraud, or unconscionable advantage. It also cited Keeney v. Keeney, which relied on a case finding that the property settlement provisions of a divorce decree or judgment may not be set aside, modified, or altered in the absence of fraud, duress, or mutual mistakes, or for such causes as any other final decree may be modified.
Seek legal help to deal with disputed divorce issues
Sometimes finances are in dispute, such as one spouse believing that the other has hidden actual income or assets. Or disagreements can arise over how the other spouse has characterized the value of assets. These determinations can greatly change child support calculations and other financial considerations pertinent to divorce. Child support lawyers prove invaluable for protecting your interests in Sterling Heights, Warren, and Clinton Township. If you have disputed custody, support, or property division issues contact an experienced divorce lawyer for guidance.
Grounds for Divorce in Michigan
As a no-fault state, it is not necessary in Michigan to allege a specific fault to file for divorce. There is only one ground for seeking a divorce: that the aims of marriage have failed, and the marriage is irreparable.
This one ground is essentially the reason all divorces in Michigan are granted. It is straightforward, relatively simple, and easy to plead in a Complaint. However, the seemingly solid ground created by those words gives no indication of the unsteady ground that lies behind every divorce process—in Michigan or elsewhere. In fact, that one ground is about the only sure thing about divorce.
Unless you have experienced divorce before, it is difficult to understand the strange process lying at the heart of every legal action for divorce: dissolution. Experienced divorce attorneys in Macomb County or anywhere else understand the road ahead and how to avoid pitfalls hidden there.
Following are some important points to consider about divorce in Michigan:
Attitude is everything. Uncontested divorce is easier on all parties, less expensive, and more likely to yield positive, long-term agreements. Amicable agreements can be worked out privately with your spouse, with attorneys, with a mediator, or within the collaborative divorce process.
Litigation is expensive. Emotionally and financially costly, a contested, litigated divorce or custody matter can cut a swath of destruction between couples, their children, and extended families that lasts a lifetime. Unfortunately, for some couples, litigation is the only realistic option.
Equitable not equal. Michigan is an equitable distribution state where courts try to distribute assets fairly—not necessary equally.
If you have not been through divorce before—remember, an experienced divorce lawyer has. Good advice and strong legal representation can help you through the divorce process and help you move on with your life.
Contact us for help with family law
Whether you are considering divorce or ready to file in eastern Michigan, contact divorce attorneys in Macomb County for effective, skilled, and affordable legal representation.
The Law Offices of Joseph P. Ciaramitaro, P.C.
42850 Garfield
Suite 104
Clinton Township, Michigan 48038
586.630.5761
Emancipation of a Minor in Arizona
Arizona law permits certain minors to petition the court to become emancipated from their parents or legal guardian. Arizona law imposes numerous requirements for emancipation. To qualify, the minor cannot be a ward of the state or in the custody of any other state agency. In addition, the minor must be:
• At least 16 years of age
• A resident of Arizona
• Financially self-sufficient
• Able to provide for his or her food, housing, and medical care without parental assistance
Once a minor becomes emancipated, he or she has all the rights and responsibilities of an adult, including:
• The ability to sue and be sued
• The right to buy and sell real estate
• The legal obligation to pay child support
• The ability to apply for loans
• The right to consent to medical, dental, and mental healthcare
If you are a minor considering emancipation, it is recommended that you seek the services of a Tempe divorce attorney who can discuss all your legal options.
Information needed to file a petition
The emancipation petition must be accompanied by at least one of the following:
• Documentation that the minor has been living on his or her own for at least three consecutive months
• A statement explaining why the minor believes the home of his or her parent or legal guardian is not a healthy or safe environment
• A notarized statement that contains written consent to the emancipation and an explanation by the parent or legal guardian
Where to file a petition for emancipation
The petition for emancipation must be filed in the superior court of the county where the minor lives. There is a filing fee for emancipation petitions, but the court may reduce or waive the fee in some cases.
The court considers all the issues and either grants or denies the petition based on a number of criteria, including whether or not the petitioner has the ability to be independent. If you are a minor who wishes to petition for emancipation, you should contact a Chandler divorce lawyer immediately to discuss your options.
The Largest Civil Settlement Awards in France, and He Got Off Easy
By switching venues, one of the world’s richest men, Aga Khan, has saved himself millions while still having to pay out a staggering £54 million to divorce his wife, Begum Inaara.
Christopher Leake and Peter Allen in MailOnline reported in “54m divorce for Aga Khan...and he’s got off lightly as it could have been 500m,” that the billionaire’s move to have the divorce adjudicated in France, rather than in the U.K., was a financially savvy decision. French courts typically issue much lower civil awards than in England.
Khan, who has residences on five continents, married the former Gabriele zu Leningen at one of his estates in France in 1998. Although he is a British subject, Khan apparently spends most of his time in France, and French authorities apparently did not object to having his divorce case administered there. Still, the settlement set a record for the largest of its kind in France.
Leiningen, or Aga Khan, will also receive the Berkshire estate where she lives with the couple’s 11-year son, Prince Aly.
Khan is a spiritual leader among Ismaili Muslims who give him vast sums of money and worship him as their god. Revelations that Khan was having an extramarital affair with an air hostess may not be received favorably by his followers.
The Aga Khan previously divorced a British model, Sally Croker-Poole, in 1995, paying her £20 million.
Information in this post gathered in association with Missouri divorce lawyers.