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Family Law Archives

Ex-Husband Wiggles Out of Alimony for Belly-Dancing Former Wife

A recent divorce case highlights the need for caution when it comes to a social media presence. In Michigan and beyond, husbands and wives who are contemplating divorce should be evaluating the messages they are sending to the online world.

Don't Stop Pedaling

My husband recently bought us a tandem bike to ride -- a sleek, black Cannondale, to be exact. We used to mountain bike together but I no longer have the physical stamina to do so and he was tired of riding alone. So we thought we'd try the tandem. The "test drive" consisted of soft pedaling around a subdivision. It was warm and sunny and the balmy weather must have gone to my head because I failed to notice (as I later would) that the seat was too low, the handlebars too high and the bike was just damn uncomfortable. But on that day, feeling giddy from the sunshine and the idea of having something fun to do with my husband, I said "why not?" when my husband asked if we should buy it.

Don't Try this at Home

Infidelity stings regardless of where the dirty deed is done, but when a spouse brings his paramour into the marriage bed, it is an affront that can rankle the sensibilities of even the most cynical judges.

Telling your Spouse "I Want a Divorce"

Divorce isn't an easy process. The difficulty includes having "the talk" with your spouse. Initiating this talk requires a large amount of courage, especially because divorce is a time of great uncertainty. However, telling your spouse that you want a divorce is a conversation that needs to be had.

New Study: Large Part of Middle Class Trending Towards Divorce

Middle class marriages are shifting substantially away from their historic track record: middle-class couples who are moderately educated are now seeking divorce at rate above that of other segments of the population. A new report by the National Marriage Project and Institute for American Values assembled data showing a "marriage gap" for the middle class when compared to lower and upper classes.

Social Media's Impact on Marital Infidelity: The Facebook Effect

The story is not yet cliché but is becoming far from unique: a person accidentally (or purposefully) accesses their spouse's Facebook page and finds condemning evidence of an affair. A messy divorce soon follows.

What Happens When Business Owners Divorce?

Almost everything and everyone is divided in divorce: from friends and in-laws to the house and furniture. When a divorcing couple owns a business, it's almost a certainty that the business is about to undergo major changes, too.

Bikers Ride to Raise Money, Awareness for Domestic Violence

In late July, motorcyclists from across Michigan embarked on the fourth annual Ride Against Domestic Violence. According to a report in the Morning Sun, the ride is co-sponsored by Mary's Dream, Living Without Fear, a nonprofit organization that was formed after the murder of Mary Lynn Babb. A former employee of the Morning Sun, Babb was shot and killed by her estranged husband in 2007.

Putative Fathers May Gain Rights

Michigan's case law has consistently held that a putatively father does not have standing to bring a paternity action when a child is born to a woman who is married to another man from conception to the birth of the child. (Barnes v. Jeudevine 475 Mich. 69 (2006); Girard v. Wagenmaker, 437 Mich. 231(1991); Serafin v. Serafin, 401 Mich. 629(1977)). But on February 5, 2009, Senator Michelle A. McManus introduced legislation to deal with this issue (SB 0197). The bill would amend the Paternity Act (MCL 722.711) to allow a putative father to bring a paternity action under certain circumstances. The bill does the following:

Ability to Earn to be Considered in Award of Spousal Support

In the unpublished case of Jensen v Jensen, issued on July 8, 2010 (Docket No. 289698), the Court of Appeals held that a trial court erred when it failed to consider the defendant-wife's unearned income potential in awarding spousal support. In that case, the Plaintiff-husband worked between 65 and 70 hours a week with an employer who offered unlimited overtime. Defendant, a registered nurse, worked only 30 hours per week, despite the availability of full-time work. Ironically, wife cited husband's long hours as one of the reasons for the breakdown of the marriage, but then asked the trial court to utilize these hours and the income derived thereby, in calculating alimony.

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