GET IT DONE RIGHT THE FIRST TIME
|
Posted: 08/12/2011
GET IT DONE RIGHT THE FIRST TIME
I am always amazed when I am provided a copy of the divorce decree on those cases where I am hired as the subsquent counsel. The terms in the Judgment have a disturbing common theme - disputes have not been resolved, impracticle proceedures are forced upon the parents and the client is forced to return to the Court to address lingering issues. On to many occasions, the Client feels rushed into signing the final form of the Judgment without properly reviewing and considering the terms of the divorce decree. The client must appreciate that this single document will be the controlling factor in all of their interactions with the other parent. That document must provide the best results for the unique family situation for each client.
I have just returned from a Family Court hearing which was designed to improve our client's post-judgment life. His current situation is burdened by overwelming restrictions imposed by his former spouse. The other party has the authority, by the consent decree, to controll his relationship with their child. Though the efforts of our Law Firm, these restrictions are being cut away. If this client was properly counseled, these problems would have been avoided. The lesson here is to avoid waisting time on minor disputes and focus your efforts on the final Judgment and its impact upon your life when the proceedings are finalized.
If you would like to have a consultation with an experienced domestic attorney, kindly contact The Cutler Law Firm at 248-489-8780 or complete THE CONTACT FORM and an Attorney will promptly respond to your inquiry.
|
|
Posted: 12/28/2012
Michigan Grandparent Visitation Attorneys
The inherent ability of Grandparents to have the right to visit their grand children after a divorce proceeding is a very complex legal issue. The Michigan Child Custody Act of...
|
|
Posted: 12/27/2012
What is paternity?
In Michigan, paternity is a word that simply means that a male is the father of a certain child. There are advantages for both the father and mother in proving a man is the...
|
|
Posted: 10/01/2012
A CLIENT'S MESSAGE
Without divulging his identity, I want to share the content of a text message I received at 10:00 p.m. on September 29, 2012. The message was directed to my cell phone from a gentleman whose...
|
|
Posted: 09/13/2012
Terminating Parental Rights In Michigan
The court may terminate a parent's parental rights to a child if the court finds, by clear and convincing evidence, one or more of the...
|
|
Posted: 07/23/2012
FINANCIAL AFFIDAVITS AND THEIR USE IN DOMESTIC PROCEEDINGS
Lies and Misrepresentations on the Financial Affidavit in Divorce Actions
When a divorce proceeding is initiated, the Plaintiff files his or her...
|
|
Posted: 05/07/2012
Governmental Immunity
As The Detroit News reported on May 7, 2012, The Cutler Law Firm is off to the State Supreme Court to present its argument that the State Court of Appeals correctly decided the appellate issues...
|
|
Posted: 05/02/2012
Motions To Modify Child Support In Michigan
If you wish to modify child support, a motion will be necessary. Our Mchigan child support modification lawyers can help.
A modification of child support can be obtained based...
|
|
Posted: 02/24/2012
Contempt Motions
Contempt motions, in family law cases, may be filed when one of the parties has violated parenting time arrangements, failed to pay child support, failed to pay spousal maintenance, withheld ...
|
|
Posted: 01/30/2012
What you need to know if you're considering a prenuptial, or premarital, agreement.
A prenuptial agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup...
|
|
Posted: 01/25/2012
Same-Sex Marriages
The federal Defense of Marriage Act (DOMA) was signed into law by President Clinton on September 21, 1996. DOMA defines "marriage" to consist exclusively as a heterosexual union...
|
|
Posted: 01/24/2012
The Economy And Divorce
The United States Census Bureau reports a rapid decline in divorce rates between 2008 and 2009 throughout the country. This decline fits with the general trend that in tough economic times,...
|
|
Posted: 01/23/2012
How Technology Can Effect Your Domestic Case
With the rise of the popularity of the internet, instant messaging, text messaging and the use of GPS systems, electronic evidence is being utilized more and more in...
|
|
Posted: 01/19/2012
Cohabitaion ...
|
|
Posted: 01/07/2012
Domestic Abuse
The single most dangerous element in living with an abusive spouse is your denial of the problem. More women are killed by their domestic partners than by the hands of strangers. If your spouse has...
|
|
Posted: 01/07/2012
Disclosuer Laws
The recent case of In re Marriage of Fong, 193 Cal.App.4th 278, 123 Cal.Rptr.3d 260, 3/3/2011 once again shows the risks for non-disclosure of community assets. in that case Husband...
|
|
Posted: 01/06/2012
Failure To Pay Child Support May Result In The Lost Of Your Passport
Most people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S....
|
|
Posted: 01/03/2012
Mediation In Divorce Proceedings
Alternative dispute resolution can be a wonderful tool in divorce cases. Michigan's Family Courts have adopted mediation conferences as a voluntary or, in some cases, mandatory prerequisite to trial. I am...
|
|
Posted: 12/30/2011
Sexually Transmitted Deases And Support Proceedings
Most states have spousal support/alimony statutes which list factors for the Court to consider when awarding spousal support. Many of these statutes, such as Michigan's statute, include in...
|
|
Posted: 12/29/2011
Deciding To Reinstate A Spouse's Maiden Name
A question that comes up occasionally is whether a husband can make his ex-wife change her last name so that she no longer uses his last name. The short answer is NO.
While adults can change their...
|
|
Posted: 12/28/2011
Short Sales - Basic Information That You Need To Know
Recent estimates indicate that possibly more than twenty-five percent of all homeowners are upside-down on their home mortgages, meaning that they owe more on their home loan or loans...
|
|
Posted: 12/27/2011
Proper Use Of Restraining Orders
In Michigan, restraining orders are available in divorce and annulment actions. Restraining orders have become somewhat “boilerplate” in as much as they are commonplace and routinely granted on an...
|
|
Posted: 12/09/2011
Military Personnel Records:
Older military personnel records (generally prior to WWI, depending on the service branch) are on file at the National Archives and Records Administration, Old Military and Civil Records Branch (NWCTB),...
|
|
Posted: 12/09/2011
Chemical Dependencies and Domestic Cases
Alcoholism is defined by Webster’s New World Dictionary as “the habitual drinking of alcoholic liquor, or as a resulting diseased condition”. It is also defined as a chronic and...
|
|
Posted: 12/01/2011
Jurisdiction – Divorce Wars Between Courts
Jurisdiction is a common question in many cases. In Michigan, the question arises in divorce or dissolution cases when married parties spend their entire married life as residents of...
|
|
Posted: 10/12/2011
Relationships Can Affect Your Custody Rights
In a recently published decision from the Michigan Court of Appeals (in re Freid), a trial court's decision was upheld to recind one party's custody rights...
|
|
Posted: 09/28/2011
Motions For Interim Attorney Fees - Oakland County
Oakland County Courts Will Order The Bread Earner To Pay For A Spouse Who Could Otherwise Not Defend Themselves In A Divorce
Clients may...
|
|
Posted: 09/17/2011
Michigan's Parenting Time / Visitation Laws
Parenting time in the state of Michigan was formerly known as Visitation. The distribution of parenting time can have a tremendous affect on a child's well-being, and should...
|
|
Posted: 09/17/2011
How Is The Payment for Alimony or Spousal Support Determined
Alimony (now referred to as spousal support) may be granted to either spouse if the Court deems it necessary for the support and maintenance...
|
|
Posted: 09/09/2011
Mel Gibson's child custody and child support settlement Orders Are finalized
Mel Gibson's relationship woes have been in the media for some time now. Finally, he and his ex-girlfriend, Oksana Grigorieva, will have some...
|
|
Posted: 09/07/2011
Macomb County Courts Shatter The Myths Behind Shared Parenting
Myth One: Every Parent Gets A Shot At Shared Parenting
The factors the Macomb County Family Court considers in determining whether shared parenting is appropriate are located...
|
|
Posted: 09/06/2011
Washtenaw County Courts Shatter The Myths Behind Shared Parenting
Myth One: Every Parent Gets A Shot At Shared Parenting
The factors the Washtenaw County Family Court considers in determining whether shared parenting is appropriate are...
|
|
Posted: 09/05/2011
Oakland County Courts Shatter The Myths Behind Shared Parenting
Myth One: Every Parent Gets A Shot At Shared Parenting
The factors the Oakland County Family Court considers in determining whether shared parenting is appropriate are...
|
|
Posted: 08/29/2011
Farmington Hills Child Custody Lawyer Advocates in "The Best Interests of the Child"
Michigan Courts apply a "best interests of the child" law, regardless of the county where you may reside. This concept figures...
|
|
Posted: 08/27/2011
Ethics and Responsibilities
Should Society Have a Responsibility Regarding the Octuplets?
By now of course everyone has heard the story of Nadya Suleman, the 33 year old Southern California woman who recently gave birth to the...
|
|
Posted: 08/26/2011
The Court Should Allow The Child To Decide Where He/She Wants To Live
Many parents have asked the Judge in their Custody Case this question, and they may have received a short handed response that may have been confusing. The Judge...
|
|
Posted: 08/25/2011
Collecting Past-due Support
Problems in the collection of child support have been rampant nation-wide for decades. High levels of unpaid child support create hardships for the custodial parents and for the children, while increasing...
|
|
Posted: 08/24/2011
Your Immigration Status May Be At Risk
Many family law attorneys do not have a thorough understanding of the interplay between family law practice and immigration law. Lawyers often are not aware of the many consequences divorce or domestic...
|
|
Posted: 08/23/2011
Michigan Divorce Attorney - Jurisdiction Issues - Which Court Hears My Case
Due to the current economic situation and also, in part, due to the ease in which we currently travel, Jurisdictional issues are becoming a larger part of Divorce and...
|
|
Posted: 08/22/2011
Why You Need a Top Rated Divorce Attorney Before You File for Divorce
Selecting a Michigan Divorce Attorney - before the proceedings begin. There are issues that must be considered and addressed before a Complaint for Divorce...
|
|
Posted: 08/19/2011
Make Your first Choice of Legal Counsel, Your Best Decision.
The Cutler Law Firm has over 20 years experience in the legal field throughout Metropolitan Detroit and the entire State of Michigan. Our office has worked with some...
|
|
Posted: 08/19/2011
Make Your first Choice of Legal Counsel, Your Best Decision.
The Cutler Law Firm has over 20 years experience in the legal field throughout Washtenaw County and the entire State of Michigan. Our office has worked with some of the best...
|
|
Posted: 08/18/2011
What Your Attorney Should Be Advising You About The Mediation Process
If you are interested in discussing mediation with an experienced Mediation Attorney, call for a free consultation THE CONTACT FORM with The Cutler Law...
|
|
Posted: 08/16/2011
Claiming Your Children as a tax Dependent After The Divorce
The Internal Revenue Code provides who is entitled to claim a child as a dependent and how to process that claim upon your tax return. As a general rule, the dependency exemption for...
|
|
Posted: 08/15/2011
The Best Interest Factors In Deciding Custody Disputes
In those cases where the parties cannot reach an agreement on the primary custodian of the minor child(ren), the Court must hear testimony and render a decision upon the record that is...
|
|
Posted: 08/14/2011
Funds From a 401(k) Can Be Tax Free
What is the best financial incentive to transfer investments from one spouse to the other? The tax code allows a spouse to withdraw monies from a 401(k) without penalty?
Yes, investments of...
|
|
Posted: 08/13/2011
1. Counseling
If you are undecided about the fate of your marriage, consider marriage counseling. Sometimes clients end up in divorce court simply because of the lack of superior communication skills. They fail to realize that...
|
|
|
