MCR 2.602(B)(3), the so-called seven-day rule, allows a party to serve a copy of the proposed judgment or order on the other parties, with a notice to them that it will be submitted to the court for signing if no written objections to its accuracy or completeness are filed with the court clerk within 7 days after service of the notice.
In addition, the trial court noted that plaintiff did not have the means to pay spousal support because she had substantial debt and was financially supporting her unemployed adult son.
The petitioner bears the burden of establishing reasonable cause for issuance of a PPO, and of establishing a justification for the continuance of a PPO at a hearing on the respondent’s motion to terminate the PPO.
Defendant filed an answer, countering that it was in the children’s best interests for the parties to share joint legal and joint physical custody. During the divorce proceedings, plaintiff filed an ex parte motion for temporary custody of the marital home and children, which the trial court granted.
The parties had several meetings about dissolving their marriage and dividing their assets. These conversations culminated in a marriage settlement agreement, drafted by D, which the parties both signed in June 2016.
If the proposed change alters the established custodial environment, the party seeking the change must demonstrate that the change is in the child’s best interests.
The arbitration agreement broadly granted the arbitrator the authority to decide the post judgment of divorce issues that were pending before the trial court.
The trial court noted plaintiff’s testimony that the move was designed to provide KSJ with more stability, however, that since the evidentiary hearing, plaintiff’s employment changed again, with her new work hours resulting in frustrating the current parenting time exchange schedule.
When one significantly assists in the acquisition or growth of a spouse’s separate asset, the court may consider the contribution as having a distinct value deserving of compensation.
The trial court entered a consent judgment of divorce, awarding sole legal and physical custody of the children to mother, but awarding father supervised parenting time.
Respondent moved to terminate the PPO. Respondent asserted that petitioner’s allegations were false. A proceeding on respondent’s motion to terminate was held with a family court referee, not a trial court judge.
For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.
The court noted that the plaintiff, who worked part-time for her family-owned business, was also employed during the marriage in various roles with SE and contributed to its valuation through her direct efforts.
Petitioner and respondent were previously married and were divorced at the time that the petitions were filed. Respondent’s parental rights to both RP and HP were terminated in May 2018. Respondent had little to no contact with the minor...
The trial court’s decision not to impute income to the work to render it essentially an obligation, and instead to condition spousal support payments on whether plaintiff chose to accept contract work was not outside the range of reasonable outcomes.
The parties were married for five and a half years with only one child, divorcing in December 2018. Plaintiff continued to live in the marital home in Washtenaw County after defendant moved out. Following the divorce, defendant moved to Fowlerville....
In this case, the trial court awarded plaintiff a lesser portion of the marital estate because of her illness and anticipated short life expectancy. The trial court awarded plaintiff a life estate interest in the marital home, while granting...
Plaintiff retains the right to oppose recognition and enforcement of the India divorce decree. However, whether the India divorce decree should be recognized and enforced in Michigan can only be determined after it has been issued.
The parties married in 2013 while in Florida. Plaintiff was originally from Michigan, and defendant was originally from New Jersey. The child, JV, was born in 2014. The parties separated approximately one year later. The Florida courts granted the...
A consent judgment of divorce is to be construed as a contract and to be applied as such. Likewise, a property settlement agreement in a divorce is construed as a contract.
The court also found that defendant was largely at fault for the dissolution of the marriage because of his infidelity. The court determined that a 55/45 split of the marital estate in favor of plaintiff was appropriate considering the relevant factors.
In July 1999, plaintiff’s father gifted to plaintiff a 10% interest in Business. Shortly thereafter, in August 1999, plaintiff and defendant were married. Throughout the marriage, plaintiff and defendant maintained separate bank accounts. When...
Plaintiff appeals as of right the trial court’s March 6, 2019 judgment of divorce. The judgment of divorce, among other things, incorporated the awards pertaining to spousal support, property division, and costs and fees that had been...
This case arises from the dissolution of plaintiff and defendant’s marriage. Defendant was a stay-at-home parent for the parties’ two children during the majority of the marriage. The children were adults at the time of the separation...
Plaintiff filed for divorce. Defendant filed an answer and a counterclaim for divorce. Plaintiff and defendant were both ordered to appear at the settlement conference. After defendant failed to appear, the trial court entered a default. Soon...
Plaintiff and defendant divorced after a 36-year marriage. The divorce trial took place on October 1, 2014, and the court made a dispositional ruling from the bench on October 30, 2014. In the original dispositional ruling, the court erroneously...
The Plaintiff and defendant were married in October 1994. Plaintiff filed for divorce on February 4, 2004, and the trial court entered a consent judgment of divorce on January 5, 2005. The judgment referenced a property settlement agreement, under...
FACTUAL BACKGROUND
Plaintiff filed for divorce in 2013, and following mediation, the parties reached a transcribed mediation agreement in June 2014. The mediator read an outline of a property settlement agreement, the terms of which were to be...
BACKGROUND
The parties married in 1978, and they have three adult children. Plaintiff filed for divorce in September 2018, by which time both parties had reached retirement age. The property issues in dispute should have been relatively...
BACKGROUND
The parties met and began cohabitating in 2003. In 2011, plaintiff and defendant began discussing marriage. The parties had lived together for years, but each had their own separate businesses and assets. Thus,...
BACKGROUND
This case arises out of the divorce of the parties. The parties mediated a settlement and the Court entered a Judgment of Divorce based on that agreement. The provision of the judgment on appeal concerns plaintiff’s...
This divorce action commenced in 2011 and the parties reached a settlement in 2013. Plaintiff submitted a proposed judgment under the seven-day rule, MCR 2.602(B)(3). Defendant filed objections.
Judgment of Divorce Entered
Ultimately, at an...
When a relationship just isn’t working, there is power in ending a bad situation. Many people rush to get a divorce, but there are other options for couples to explore. Legal separation is another avenue people use to gain distance from each...
In this case, the parties divorced by consent judgment in February 2018. Under the divorce judgment, the parties shared joint legal custody and plaintiff had primary physical custody of their minor child, who has special needs.
In the divorce...
D and C married on October 4, 2008. The couple has no children together. During the marriage, the parties lived together in a home purchased by D before the marriage that had become marital property through C’s financial investments. They each...
During their marriage, the parties had eight children, five of whom are still minors. In the parties’ 2014 consent judgment of divorce, plaintiff was awarded primary physical custody of the children, and the parties were awarded joint...
The parties were never married, but they have a five-year-old daughter (ES). At the time the child was born, the parties lived in Colorado. When the child was approximately six months old, the parties agreed to a Parenting Plan in the District Court...
In this case, plaintiff and defendant were married for more than 19 years before filing for divorce. The parties reached a settlement agreement to all aspects of their divorce, apart from distributing plaintiff’s and defendant’s...
Plaintiff filed a motion to appoint a receiver noting that defendant had defied the court’s authority and was found in contempt, that defendant had refused to pay child support and other money owing to plaintiff, and that defendant had refused to offer any payment or plan for payment relative to his obligations.
