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January 2018 Archives

What are some circumstances that could invalidate a prenup?

Last week, we wrote a post about prenuptial agreements and the importance of this contract in family law and high asset divorces. Additionally, we talked about the many different topics you can, and can't, include in a prenuptial agreement. Today, we want to continue that discussion by talking about the other side of prenuptial agreements: how they can be legally challenged and invalidated.

How can I make my high-value divorce easier?

When it comes to divorce in Metro Detroit, the more money and assets involved, the greater the stakes. High-value divorces have a higher level of intensity and drama than many lower asset divorces. Divorce is not always easy, and the issues involved are generally dependent on the number and value of wealth and assets. However, there are other factors, including emotions, that can play a role in the outcome of a divorce. 

How a prenuptial agreement factors into divorce

Property division will be a major issue in any divorce, but especially one that involves a significant number of assets -- or assets of tremendous value. Given the importance of this issue during divorce, it is important for newlyweds or people who are considering walking down the aisle with their significant other to think about a prenuptial agreement and what this contract can offer them.

Will new alimony law be a benefit or disadvantage for you?

The new tax bill and its implications on divorces might have caused confusion for many couples in Michigan and other states. Those who were considering divorce might have tried to get it done before the New Year. However, the new alimony tax laws will only apply to divorces that are finalized in 2019. Authorities say that not only could it create timing battles between divorcing spouses but also their legal counsels.

Practical ways to manage child support payments

Most parents in Michigan want what is best for their children -- even after a divorce. Concerned non-custodial parents may not see child support obligations as burdens but an opportunity for them to play positive roles in the lives of their children. Neglecting to pay child support can adversely affect the child, and recognizing the importance of making child support payments on time is vital.

How are the different types of debt handled in property division?

Yours, mine or ours? That is the primary question when it comes to property division in a Michigan divorce. Couples have two options: they can either pay off all their debts before filing for the divorce, or they can have the court decide who will be responsible for which debts. However, regardless of the ruling of the court, lenders will still hold those whose names are signed on the debt contract responsible for payment. It is not always possible to settle all debts, but taking joint debts into a new life may not be desired, and some choose to close joint accounts and open new individual accounts wherever possible.

Child Custody: What are the rights of a non-custodial parent?

In most divorce cases in Michigan, both parents want what is best for their children. However, joint child custody is not necessarily perfect for every situation, and the parent who ends up being the non-custodial parent may want to make sure he or she remains a part of the child's life. For this reason, it is important for that parent to make sure the divorce settlement agreement specifies his or her rights as the non-custodial parent rather than having only vague references to it.

What are the enforcement methods for unpaid alimony?

Divorced people in Michigan are often dependent on the spousal support they receive from a former spouse -- even if it is only until he or she has established a regular income. However, payments may be withheld, leaving the question of possible enforcement. That depends on whether the court ordered alimony to be paid, and whether it is malicious withholding or the inability to pay due to job loss or other changed circumstances.

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  • Understanding the legalities of the divorce process Laura has walked me through the maze of this legal system educating me so that I understand the divorce process. She has fought for me an every issue that I have had concerns with and given me excellent advice when I needed it. I am very satisfied with the direction and results. - Anonymous
  • The Best Family Lawyer in MI My cousin who owns his own law firm in Toronto found Amy for me as the best female lawyer in MI. It turned out to be very true. She helped me through one of the hardest times of my life, not only just legally but emotionally through a divorce... - Graeme
  • Laura Eisenberg -Attorney Without a doubt, one of the most professional people I have ever dealt with. Laura is an over-communicator with a complete skill set. She was able to manage my expectations while helping me to feel confident in the decisions we were making. The results were great and the client-lawyer relationship was exceptional.- Jeff
  • Excellent, Supportive, Knowledgeable, Strong Amy is the best type of lawyer one could want - she is tough when needed, extremely knowledgeable about her field, confident, supportive, straightforward, reliable and cognizant of keeping financial commitments at a reasonable level. Amy handled my divorce and was not only excellent in her delivery of services, but...- Jordana
  • Highly Recommended - Caring, Tough, Affordable Lawyer Laura Eisenberg was 100% on my side during my divorce and actually got it pushed through ahead of schedule because of her good relationship with the Oakland County judge! She got me everything I wanted and also worked out the custody, child support and the property settlement that I wanted. - Katherine
  • Very Skilled & Experienced Lawyer Laura helped me through a very difficult divorce situation. I was completely taken by surprise when my spouse filed divorce papers, and was worried about the children, the house, child support, etc. A friend recommended Laura because she had really helped her with her divorce. - Anonymous
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Responding to our clients' needs is our first priority at Eisenberg & Spilman, PLLC. Whether you are considering divorce and have questions about your rights, or you are seeking custody of your child, our Oakland County family law attorneys are here to help you.

We invite you to contact Eisenberg & Spilman, PLLC, at 248-358-8880 to schedule a confidential consultation with one of our attorneys to discuss your divorce or other family law matters. In addition to our regular business hours, evening and weekend appointments are available upon request.

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Eisenberg & Spilman, PLLC
600 South Adams Road Suite 100
Birmingham, MI 48009

Phone: 248-358-8880
Birmingham Family Law Office

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