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.
In March 2018, defendant filed a motion to change the children’s domicile from Jackson, Michigan to Mishawaka, Indiana, a town approximately 140 miles away.
Money is an important factor whenever you work with a professional. When you go through a divorce, your money and time can get even tighter. Hiring a cheap lawyer to handle your case could be attractive. However, they will end up letting you down....
When a relationship comes to an end, there are many things to consider. It can be difficult to decide how to proceed with legally ending your marriage. If you are on speaking terms with your spouse, you may have another option to separate more...
In his motion for a new trial, defendant claimed to possess text messages—found sometime after trial concluded—apparently demonstrating (1) sexual infidelity by plaintiff, (2) that plaintiff suffered from undisclosed health concerns, and (3) that plaintiff was deceitful during her trial testimony.
The lack of substantiation, again and again, could reasonably call into question plaintiff’s motives and credibility on all matters. The trial court appeared more than open to further considering a motion to modify custody if plaintiff would come forward with supporting documentary evidence, explaining why the court took the unusual step of denying the motion without prejudice.
Coming to the end of a happy time is a challenge no one wants to deal with in life. The end of a marriage through a divorce can especially be a tough, emotional, and complicated period. Lawyers and judges deciding your future, remembering important...
To minimize unwarranted and disruptive changes in children’s custody, a trial court may only modify children’s custody if the moving party first establishes a proper cause or a change of circumstances. The purpose of this framework is to erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.
Proceeds received by one spouse in a personal injury lawsuit meant to compensate for pain and suffering, as opposed to lost wages, are generally considered separate property. Moreover, separate assets may lose their character as separate property and transform into marital property if they are commingled with marital assets and treated by the parties as marital property.
Under Michigan law, a couple that is maintaining a marital relationship may not enter into an enforceable contract that anticipates and encourages a future separation or divorce. If a postnuptial agreement seeks to promote marriage by keeping a husband and wife together, Michigan courts may enforce the agreement if it is equitable to do so.
Because the trial court found that an established custodial environment existed with both parties and acknowledged that plaintiff’s request for sole physical custody would change the established custodial environment, it held plaintiff to the appropriate clear and convincing evidence standard of proof.
Plaintiff and defendant were married in December 2008 and had one minor child born during the marriage, AM. Plaintiff also had a daughter from a prior marriage, who is not at issue in this matter. During the parties’ marriage, plaintiff was...
The trial court found that proper cause was established because the children’s health and education are two very important subjects relating to custody. When parents cannot agree on a child’s medical treatment and educational course, these topics can have significant effects on a child’s well-being.
In this case, plaintiff received approximately $57,000 or $67,000 from her parents. The trial court included the money from plaintiff’s parents as income for its 2017 child support calculation.
Separate assets may lose their character as separate property and transform into marital property if they are commingled with marital assets and treated by the parties as marital property.
Plaintiff argues that the trial court erred by declining to consider the possible tax consequences arising from the selected distribution method.
As the name implies, periodic spousal support payments are made on a periodic basis. Periodic spousal support payments are subject to any contingency, such as death or remarriage of a spouse, whereas spousal support in gross is paid as a lump sum or a definite sum to be paid in installments. In addition, one major difference between the two types of spousal support is modifiability. Spousal support in gross is non-modifiable, whereas periodic spousal support is subject to modification pursuant to MCL 555.28.1.
The trial court’s observation that defendant was able to live in the house rent-free for 14 years was an additional equitable reason for rejecting defendant’s claim that she should be awarded part of the value of the real property.
The fact that this agreement as to custody and parenting time did not resolve all the disputes between the parties, with the court recognizing that some other little things purportedly agreed to at mediation were going to be added to the judgment, does not render the partial agreement invalid. Plaintiff is entitled to a trial on these remaining, unresolved issues.
The appeals court was concerned with the trial court’s minimization of the effect of the domestic violence in the home upon the parties’ children.
