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How does Michigan treat pets custody in divorce?

When you get a divorce in Birmingham and you have deep disagreements over which one of you should get the family’s dog or cat, you might expect the Oakland County court to have in place a method for settling your dispute. But the reality is that Michigan is just one of the many states that have not incorporated pet custody guidelines in family law.

What can I include in a prenuptial agreement?

When you are preparing for your wedding, perhaps the last thing you might want to think about is the possibility of the marriage ending in divorce. However, taking a little time to make a backup plan that addresses various divorce-related issues, even though they may never arise, can give you and your partner peace of mind.

What happens to all our personal property in a divorce?

Couples typically acquire countless personal items during their marriage, from furniture and computers to artwork and jewelry. Spouses buy books, gaming consoles and household appliances. If that couple divorces, these and other personal property items can be eligible for division.

What is separate property?

If you are getting divorced, one of your main concerns can be how you will divide your physical assets and property. Often, this is one of the most contentious steps in a divorce, so it is wise to be prepared and understand how the process works.

Are your pets property to be divided in a divorce?

It's a serious question. Traditionally, Fido and Whiskers have been viewed by the courts as nothing more than property that must be divided equitably in divorce. As more people come to believe that their pets are part of the family, however, the more contentious the issue has become.

What is a qualified domestic relations order?

If you or your spouse has a pension, 401(k) plan or IRA, you will need to divide them in the event of a divorce. You can agree to divide these as part of your settlement, or a judge can divide them if your divorce goes to trial. In order for the division to be binding on the plans, however, you will need a qualified domestic relations order (QDRO).

Is your spouse hiding assets in your divorce?

Whether you settle or go to trial, a divorce is a legal proceeding. That means that each party has a legal duty to honestly and fully disclose all information material to the case. That includes being honest about your assets and debts. Unfortunately, as many as a third of U.S. adults who have combined assets with a spouse or partner admit they have been dishonest about money.

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.


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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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