Eisenberg & Spilman, PLLC Eisenberg & Spilman, PLLC2024-03-02T19:04:44Zhttps://www.eisenbergspilman.com/feed/atom/WordPress/wp-content/uploads/sites/1203408/2023/02/cropped-es-fav-icon-32x32.pngOn Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=527182024-03-02T19:04:44Z2024-03-02T19:04:44ZWhat are some unintended consequences of assumptions?
Assumptions can lead to misunderstandings and misinterpretations of a child's best interests. Parents may assume they know what is best for their child. They may do this without considering the child's thoughts and feelings. This can mean decisions that prioritize parental desires over the child's well-being. The result can be the child feeling resentful and ignored.
How can assumptions affect parental communication?
Assumptions can block effective communication between parents. When one parent assumes negative intentions or behaviors from the other, it can create hostility and conflict. Reaching amicable custody agreements becomes tricker. This wrinkle may further strain the co-parenting relationship. It could negatively affect the child's sense of stability and security.
What can the emotional toll on children be like?
Children make up 21% of Michigan's population. When they feel caught in the middle of parental conflicts, it can cause major emotional distress. Anxiety, depression and behavioral problems are common. Children may feel torn between their parents and blame themselves for the situation. Long-term psychological harm could result.
Are there legal implications?
Assumptions can influence court decisions and outcomes. Unsubstantiated beliefs or biases from one parent can sway some judges. This might lead to unfair custody arrangements that hurt children.
Parents and courts should try to rely on evidence rather than assumptions. They should consider the child's developmental needs, relationship with each parent and any relevant factors such as domestic violence or substance abuse.
By working together, parents can create custody arrangements that prioritize the well-being and happiness of their children.]]>On Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=527062024-02-14T15:57:57Z2024-02-14T15:57:57ZWhat does flexibility for travel mean in parenting plans?
A parenting plan is a legal document that outlines custody and visitation arrangements. One important aspect is the inclusion of provisions for vacation time. These provisions specify the allocation of vacation time between parents, including the duration and frequency of vacations.
Detroit Metropolitan Airport has more than 1,100 flights per day involving four continents. When it comes to planning vacations to remote places, flexibility is key. A well-crafted parenting plan should allow for flexibility in scheduling vacations. It should account for factors such as school holidays, work schedules and the availability of both parents.
What do the parents need to communicate about?
Clear communication between parents is necessary when planning vacations to distant destinations. Both parents should discuss and agree upon the details of the trip, including travel dates, itinerary and any special considerations for the child.
Above all else, the primary focus should be the well-being and best interests of the child. When planning vacations, parents should consider how the trip will impact the child's routine, education and overall welfare.
If disagreements or disputes occur regarding vacation plans, parents should strive to resolve issues amicably and in the best interests of the child. This may involve seeking mediation or consulting with a family counselor to find a mutually acceptable solution.
Planning vacations may require careful consideration and cooperation, but it is entirely possible to create a parenting plan that accommodates such adventures.]]>On Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=527052024-02-13T03:33:58Z2024-02-13T03:33:58ZWhy is communication so important?
Michigan has about 236,858 millionaire households. High-net-worth couples should prioritize open and honest discussions about their assets, properties and financial concerns. This way, both parties can work toward fair and equitable solutions. They also minimize conflicts.
How can couples resolve conflicts?
Opting for mediation or collaborative divorce can lead to an amicable separation. These alternative dispute resolution methods help couples negotiate terms outside of court with the assistance of neutral professionals.
Through mediation or collaborative divorce, high-net-worth couples can maintain control over the decision-making process. They can make mutually beneficial agreements without the need for stressful litigation.
Why is fairness a good focus?
Fairness is a good goal for asset division. High-net-worth couples should prioritize reaching agreements that consider each party's contributions and needs. By focusing on fair outcomes, divorcing spouses can minimize animosity. They can also promote a smoother transition to post-divorce life.
If children are in the picture, another goal should be to prioritize their well-being. High-net-worth couples should collaborate to develop comprehensive parenting plans that address custody, visitation schedules and financial support arrangements. Putting the children's needs first can help mitigate the emotional impact of divorce and foster a cooperative co-parenting relationship.
By prioritizing certain considerations, divorcing spouses can navigate the process with dignity and respect.]]>On Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=527032023-12-15T02:16:18Z2023-12-15T02:16:18ZRetirement funds may be subject to division
Someone's retirement savings may be in an account held by their employer or a professional financial advisor. Many times, such accounts are only in the name of one spouse. The individual who owns the retirement account could make the mistake of assuming it is their separate property.
However, that is likely not the case. It is important for people to realize that the timing of deposits into the account typically matters far more than the name of the person who opened the account. At least some of the account's value is probably marital property for the purposes of property division. Any contributions to the account during the marriage could be subject to division unless the spouses have a pre-existing agreement stating otherwise.
Spouses might need to actually divide an account. They can achieve this without penalties and taxes if they use a qualified domestic relations order (QDRO). Other times, spouses may simply need to consider the marital portion of the account when dividing other assets.
For some people, preserving their retirement savings could be the most important objective in a Michigan divorce. Setting clear goals early in the divorce process may help people achieve the best possible outcome as they seek to legally end their marriages.]]>On Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=527022023-12-08T14:03:52Z2023-12-08T14:03:52ZParents may split or alternate school breaks
It is common for the adults in a family to seek as much time as possible with the children they love. Each adult may want to have half of spring break with the children or to spend all of spring break with the children every other year. Either arrangement could work for families depending on other aspects of their custody arrangement. So long as both parents agree to an alternating schedule or an arrangement to split the break time with the children, an alternating or split schedule can work well.
One parent may take all long breaks
Sometimes, work responsibilities or a significant distance between the parents will make fully shared parenting time difficult to achieve. However, the adults in the family could still potentially even out the division of overall parenting time by letting one parent take the children for all substantial breaks from school. They may even have the children for a significant portion of the summer break. These arrangements can be mutually beneficial, as they can reduce the childcare costs for the parent with more overnight time during the school year.
Technically, any terms that keep both of the parents involved and result in a reasonable division of parenting time are an option for those negotiating custody arrangements. Thinking about school breaks and other irregularities in the family schedule might help adults better accommodate one another in their parenting plan accordingly.]]>On Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=526992023-10-01T15:29:20Z2023-10-01T15:29:20ZThey disagree on its value
If one spouse wants to keep the house and the other one only wants a portion of its equity, they will have very different priorities when it comes to establishing what the property is worth. The spouse seeking equity in the home will usually want to set the highest value for the house possible so that they can receive as much equity as they can.
The spouse keeping the home would likely prefer to set a lower value so that they have to withdraw less equity when refinancing. Couples sometimes fight intensely when trying to establish the fair market value for real property during a divorce. In some cases, they may need to have an appraiser done. In high-asset, high-dispute cases, both spouses might seek separate appraisals because they disagree with the price set by the appraiser their spouse hired.
They get emotional about the property
Some people have practical reasons for wanting to retain a marital home. Maybe they inherited it from family members or they want to keep their children in the same school district. Other people simply have an emotional reaction to the idea of losing the home in the divorce and will fight over it even though retaining the home does not necessarily serve any practical purpose.
Regardless of who lives there, each spouse should receive an equitable share of its value. It can be very difficult to separate one's divorce goals from one's emotional responses, but doing so will be of the utmost importance for achieving the optimal outcome in a Michigan divorce.
When people understand why it can become so difficult to negotiate the terms of what should be done with a home during divorce proceedings, they may have an easier time finding a way to cooperate with each other or can at least set realistic goals for the outcome of the process.]]>On Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=526742023-08-24T23:19:35Z2023-09-01T23:18:46ZUncontested divorces help to control costs
Divorce litigation can be expensive, and the process can quickly spiral out of control once both spouses have dug in their heels and decided they will not compromise whatsoever. As a general rule, the more issues the courts need to review and rule on in a divorce, the greater the total cost of the divorce proceedings. Uncontested divorces tend to have a much lower average cost than litigated divorces that play out in family court.
Spouses may need to limit conflict
A litigated divorce is a largely adversarial process. The spouses clash with one another in the courts seeking to beat each other by securing certain terms. Although their relationship was likely already at a bad point when one spouse filed for divorce, the acrimonious process of litigating can often further damage the relationship between spouses. Especially if they share children, work in the same industry or belong to a more traditional culture, frequent interactions in the future may be likely. Therefore, preserving an amicable relationship might be a priority. Working together during the divorce can stave off future damage to the dynamic between spouses and may even help them work cooperatively.
Either spouse has specific needs
Divorce litigation is highly unpredictable. While a judge has to abide by the Michigan equitable distribution and child custody statutes, there's a lot of discretion involved in dividing parental rights and marital property. It can be almost impossible to predict the outcome of divorce litigation. Therefore, if someone insists on specific custody rules or wants to keep sole ownership of their professional practice, an uncontested divorce where they control the final terms may be the best means of achieving those goals.
Understanding why other people pursue uncontested divorces in Michigan can help those in challenging marital circumstances better evaluate all of their options.]]>On Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=526722023-08-24T23:16:05Z2023-08-24T23:16:05ZShared authority is the most common arrangement
Michigan state statutes preemptively address the need of a parent to make decisions and certain scenarios. Parents generally have the legal right to make decisions about basic daily matters during their scheduled parenting time. However, they will usually share legal authority over their children, which means that they will often need to cooperate and compromise.
If one parent wants to relocate with the children, move them into a different school district or seek elective medical care, the other parent may disagree about their claim that those moves are in the best interests of the children. In some scenarios, parents can work together and reach a solution that will be in the best interest of the children.
Other times, they may need to go back to court to resolve disagreements about legal custody. Focusing on the needs of the children rather than the rights of the parent will usually be the most effective approach when preparing for family court related to a dispute about decision-making authority.
Those who have very strong preferences regarding their children's faith, healthcare or education may want to employ greater caution when negotiating the terms of their co-parenting arrangements to ensure they have a say in major decisions and to minimize the likelihood of future custody litigation. Understanding how the courts handle decision-making authority can benefit those preparing for divorce or navigating shared custody arrangements in Michigan.]]>On Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=526422023-06-19T00:00:16Z2023-06-19T00:00:16ZWhat credit card debt is part of the marital estate?
When negotiating or litigating property division matters, couples in Michigan have to establish what is marital property and what is separate. In some cases, spouses can exclude certain debts from the marital estate because they represent dissipation. A spending spree the day before filing or a secret credit card opened to pay for adultery might be debts that won't end up divided in the divorce.
For the purpose of property division, it is almost always the date when someone took on a debt that determines whether it is marital property. Credit card balances and even student loans taken on during the marriage will typically be part of the marital estate, while debts from before the marriage will remain the separate property of either spouse.
A judge could order someone to pay off certain accounts or to cover a portion of the balance of each account. They might also award one spouse more marital property and then also make them accountable for more of the marital debt. Unless the divorcing spouse is negotiating their own arrangements, there will typically be no guarantee of a specific outcome when navigating the division of debts and property.
What risks come with credit card division?
There are two main concerns that people have to address when dividing debt in a divorce. One is that they might end up financially overextended and unable to fulfill their monthly obligations on time. The other is that their spouse might potentially default on credit card debt, which might result in collection efforts or even lawsuits. The civil courts and creditors owed money will still hold the other spouse accountable even after a family law judge orders one spouse to pay the debt.
Therefore, it is often important for those with significant amounts of debt to use marital assets to pay them down rather than allowing the debt to carry over after the divorce, if possible. Understanding what responsibilities persist even after divorce may benefit those who are trying to plan for their financial future as they prepare for divorce.]]>On Behalf of Eisenberg & Spilman, PLLChttps://www.eisenbergspilman.com/?p=526392023-05-17T21:00:06Z2023-05-17T21:00:06ZStock options and other deferred compensation
Technically, the income earned during marriage is marital property that people have to share with one another when they divorce, but not all income will be readily accessible in someone's bank account at the time that a spouse files for divorce. Many executives and other highly compensated professionals have compensation packages that include deferred compensation, like performance-based bonuses, retention-based deferred pay and stock options. It can be difficult to determine both what portion of that income is part of the marital pool and also to put a price on those assets for the purpose of property division.
Retirement savings and other financial accounts
When couples have more assets, they tend to hold those resources in a variety of different investments. Retirement accounts like Roth IRAs and 401(k)s and investment holdings are often subject to division in a divorce. In some cases, part of those retirement savings may be marital property and part may be separate property. Frequently, divorcing spouses will require special documents, like qualified domestic relations orders (QDROS) to divide retirement savings without a penalty.
Investment real estate
Real property purchased as a financial investment or source of income can pose a big challenge in a divorce. Spouses may disagree about what that property is worth. They may also disagree about how to handle their real property. Options include allowing one spouse to retain the property after refinancing and compensating the other for its value, selling the property or sometimes continuing to own it jointly.
Personal resources
High-asset couples may invest thousands of dollars in household furniture, wardrobes and personal electronics. While one spouse may have no desire to retain those assets, they still need to know what they are worth in order to negotiate a fair outcome in re: property division.
Seeking legal guidance concerning those assets that can pose a particular challenge during property division proceedings in Michigan divorce can benefit those preparing for a sit-down session with their spouse or a hearing in family court.
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