Effect of Foreign Citizenship on Divorce Jurisdictional Requirements
A standard Complaint for Divorce alleges the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint. These allegations are made because a Judgment of Divorce shall not be granted by a court in Michigan in an action for divorce unless those two requirements are met. MCL 552.9(1); Stamadianos v Stamad
Credit for Additional Overnights With Children
When parents are going through a divorce or establishment of custody and child support is ordered it is usually based on the number of overnights each parent is expected to spend with their child. But sometimes, after child support is ordered, events happen (for example: pandemic, loss of job, serious illness, loss of housing, etc) that will force the parents to agree to change, or one parent to forego, their parenting time resulting in one of the parents having the child man
Divorcing your Foreign Spouse
The interplay of “green card” sponsor contracts in divorces: There are several ways family law intersects with immigration law. A party’s immigration status is often raised in a family law case when a party is in the United States only temporarily (ex: on a work visa) or without legal status (ex: entered illegally or overstayed their visa) or in deportation/removal proceedings or lives abroad. However, family law practitioner should also pay attention to whether either party
Claiming child as a dependent in a Judgment of Divorce: is provision modifiable or not?
Family law practitioners often negotiate who will claim a child(ren) as dependent(s) in divorce or custody matters. However, not all practitioners specify whether this term would be subject to modification in the future. In the absence of a specific statement regarding modification of a child tax exemption provision, the association of the provision with child support or property settlement may dictate whether the provision is subject to the restrictions on modifications of p
Support Orders
Has COVID-19 shot your financial circumstances? Was your court-ordered support based on a higher income than you have now? Sterling Law can help you with your child or spousal support, but don’t delay as support orders cannot be changed retroactively. Any reduction or increase can begin only at the time you file your written request with the court clerk, not just with the Friend of the Court office. Also, you will face delays when the court is backlogged. Sterling Law will ge
Want Time With Your Grandkids?
Did you know that grandparents may be awarded grandparenting time with their grandchildren? And they don’t have to wait until the parents “deny” grandparenting time. Regardless of whether the grandparents are not seeing their grandkids “enough” or at all, there are several situations in which grandparents can ask for grandparenting time. Unfortunately, it is more difficult for parents of an unmarried father to seek grandparenting time. The request for grandparenting time must
How to Notarize Documents During a Pandemic Like COVID-19
Update 10/8/20 - In light of Midwest Inst of Health, PLLC v Governor of Michigan (In re Certified Questions from the United States Distr Court) Oct 2, 2020, recent updates to attorney resources (i.e., ICLE) recommend immediately stopping the use of the governor’s emergency executive orders to remotely witness and remotely notarize documents. Hopefully the legislature will ratify acts of remote witnessing and expanded remote notarization that occurred under the executive order
What to do if you are in Harm’s Way in your Own Home During the Pandemic
If you or someone you love is in danger of immediate harm in your own home, your first option is to find a location in your home away from the individual threatening you. If a location outside of the home is the only available option, go outside. After finding a safe location, call the local police whether that is the city, county, or state police. Make sure to follow the directions the dispatch operator provides on the best way the police can assist you. Many resources conti
Child Custody, Child Support, and Parenting Time Issues During COVID-19
The COVID-19 virus has presented issues that impact numerous aspects of our lives. As family law attorneys, our focus is how practical implications and legislation impact custody, parenting time, and child support issues faced by people across Michigan. This week, we’ll examine child support modifications during the shutdown, which were presented in the webinar, Child Support Modifications During the Shutdown, hosted by attorney Liisa Speaker. In addition to the safety and se
Temporary Use of Video Conferencing to Notarize Documents During COVID-19
Update 10/8/20 - In light of Midwest Inst of Health, PLLC v Governor of Michigan (In re Certified Questions from the United States Distr Court) Oct 2, 2020, recent updates to attorney resources (i.e., ICLE) recommend immediately stopping the use of the governor’s emergency executive orders to remotely witness and remotely notarize documents. Hopefully the legislature will ratify acts of remote witnessing and expanded remote notarization that occurred under the executive order
