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Oakland County Law Blog

New laws regarding employment and family law go into effect

Local, state and federal laws change all the time. Sometimes, new laws overrule old ones, while other times, existing statutes receive minor adjustments. There are several new laws taking effect in 2019 that directly impact Michigan residents. 

Among the multitude of new rules include ones concerning the minimum wage, paid sick leave and spousal support. If you are currently employed, run a business and/or are getting a divorce, get the details.

What to know about splitting a business in a divorce

Many Michigan couples raced to divorce before the end of 2018. At the start of 2019, a new law went into effect that limits how much alimony spouses can write off on their taxes. 

Now that 2019 is here, there are many additional considerations to bear in mind for couples who want to divorce. The complexity of the process will vary on a litany of factors. The proceedings become complicated if one or both spouses own a business. Individuals who own businesses need to be proactive, which means they should create a prenuptial agreement prior to the marriage to protect business-related assets. 

3 child custody myths to avoid

The divorce process can generate a lot of stress and confusion for anyone. To make matters worse, you may hear or read many types of incorrect information about some crucial matters.

One area rife with misinformation is that of how child custody works. It is important to get the facts straight if you want to act in the best interests of yourself and your children. 

Is your employer using E-Verify to discriminate against you?

If you have seen a news broadcast in the last couple of years, you know immigration is a hot issue in the U.S. The Immigration Reform and Control Act of 1986 prohibits employers from intentionally hiring individuals who lack legal authorization to work in the country. To determine whether workers have authorization, most employers must complete I-9 forms. 

Some employers choose to take the employment verification process to another level. E-Verify is an electronic program that uses several databases to verify employment eligibility. If your employer participates in the program, however, you must be certain you do not become the victim of discrimination. If you think your employer has used E-Verify incorrectly, you may need to act quickly to assert your legal rights

3 things that cannot go in a prenup

Prenuptial agreements have been around for a while. However, there has been a drastic increase in the number of engaged couples seeking them out in recent years. Millennials appear to be more conscious of the possibility of divorce, and they have driven the surge of prenups. 

Prenups are incredibly useful, but there are limitations. While no one wants to think of divorce before marriage, it is vital to remain aware of the risks. People can be ready just in case, and that includes knowing what items cannot go into a prenup. 

Grandparents' Rights: Plowing The Road To Grandma's House

As we enter the holiday season, it's not uncommon to be reminded of the lyrics of a timeless children's song

"Over the river and through the woods, 
To Grandfather's house we go; 
The horse knows the way to carry the sleigh,
Thru the white and drifted snow, oh!"

Unfortunately, situations such as a contentious divorce can throw up roadblocks on that well-worn path. 

LGBT families three years after same-sex marriage legalized

Three years ago, the Supreme Court ruled that same-sex couples could marry and the government recognize the union. The ruling was groundbreaking and brought about a sweeping change in the marital laws and the recognition of LGBT marriage.

One thing that LGBT couples began to think about was having children. Before the 2015 ruling, same-sex couples cohabitated with children; however, they did not both have equal rights to the children should they separate. In those situations, one person was the legal mother or father. That person, through birth or adoption records, got sole custody when the couples broke up.

Business Ownership & Prenups: A Perfect Marriage

A recent study by the American Academy of Matrimonial Lawyers revealed that divorce attorneys have noticed a significant uptick in prenuptial agreements in recent years.

Once thought to be only a problem of the rich and famous, prenuptial and postnuptial agreements are more common than ever. Such agreements should not only be more popular, but a prerequisite for business owners that plan to tie the knot.

Success tips for running a family business

The saying goes, "The family that prays together, stays together." But what about families that work together? Some have been able to build successful enterprises that last for generations, whereas others fall apart from problem after problem.

You can cut out a lot of drama and increase your chances of cooperation and success by avoiding common mistakes that many family-owned and -operated businesses make. Follow these tips to keep your family and company together.

What is a breach of contract?

As a small business owner in the Detroit metro area, you will need to work with many different parties to help establish your company. When working with vendors, it is essential to have an iron-clad contract to prevent costly delays and disputes. Whether procuring goods or services from vendors or rending services and products, you need a legal agreement/contract in place to outline the exact expectations of each party and how to handle any business disputes or issues that arise when you or one of your vendors cannot uphold your end of the deal. 

Breaches happen all the time in the business world. No matter the cause for dispute, it is essential for you to learn about the diverse ways contract breaches can occur, so you can take the proper steps to resolve them and possibly avoid litigation. A contract breach can happen in four ways: material, immaterial (minor), actuarial and anticipatory. The most common types of business contract disputes involve material and minor breaches. 

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