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Are Reversions in QDRO Negotiable?

2011-04-21T07:06:00.000-07:00

Are Reversions in QDRO Negotiable?
The attorneys and the parties should take care in negotiating the reversion of the unclaimed benefits from retirement plans which have been awarded in the divorce judgment. There are occasions when it may be reasonable or equitable to have the unclaimed benefits revert to the plan participant on the alternate payee’s death.
For instance, if the alternate payee is suffering from a serious or terminal illness when the divorce judgment is entered; when the participant has agreed to pay a disproportionate share of the marital debt; when the participant has agreed to pay for post-secondary educational expenses for the parties children; when the participant will bear the full financial burden of raising the parties’ minor children after death of the alternate payee; when the parties have no children or other heirs; when the participant is or will be responsible for the care of another, such as an adult disabled child or an aged parent, after the death of the alternate payee.
Whether or not an alternate payee’s award may revert to the plan participant on death of the alternate payee will depend on the plan’s rules (the court may not order the plan to offer a benefit otherwise not available under the plan’s rules) and on the type of benefit the parties agree to use in the settlement agreement/divorce judgment and the Qualified Domestic Relations Order.
If the alternate payee predeceases the participant and the shared payment method of division was chosen (the alternate payee’s benefit was based on the participant’s lifetime), then the death of the alternate payee will always result in a reversion to the participant, whether the alternate payee’s death occurs before the payment starting date or after the payment starting date, which is generally the date pension payments begin to either party.
If the alternate payee predeceases the participant and the separate interest method of division was chosen (the alternate payee’s benefit is based on the alternate payee’s own lifetime), then there is a reversion to the participant only if the alternate payee dies before the annuity payment starting date. The reason for this is after the annuity payment starting date, the alternate payee’s benefit has been carved out as a separate interest for the alternate payee.
After the commencement of payment of benefits, the disposition of the alternate payee’s benefit upon death depends on the form of benefit chosen the by the alternate payee, unless the plan provides no form other than a single life annuity, in which case the alternate payee’s benefit is a single life annuity and simply ceases entirely upon the alternate payee’s death.
Some plans use a totally severed approach to separate interest QDROs and in that case, the Plan regards the assignment to the alternate payee as complete upon approval of the QDRO and there would not be a reversion either before or after the annuity starting date.
Sources for Materials:
Michigan Family Law, Sixth Edition, 2010 Supplement—ICLEChapter 10—Judgments and Post-trial Procedures—Judith A. CurtisChapter 15—Property Division—Diana RaimiChapter 16—Division of Retirement Benefits—George L. Whitfield and Sue O’Conway
Michigan Estate Planning Handbook, Second Edition—ICLE
Articles posted at http://www.qdroteam.com/ by Robert Treat, Hantz Consulting, LLC, dba QDRO Express, LLC, 22601 Allen Road, Suite 100, Woodhaven, MI 48183, with permission
United States Department of Labor (obtain the summary plan description)EBSA Public Disclosure Room N-1513200 Constitution Avenue, NWWashington, DC 20210
State of MichiganOffice of Retirement Services—Eligible Domestic Relations Orders, Understanding Recoupment.www.michigan.gov/ors..... HTTP://WWW.ATTORNEYBANKERT.COM

OAKLAND COUNTY TOLD TO DO IT AGAIN

2010-05-28T18:06:00.000-07:00

Oakland Circuit Court child custody decision done wrong says higher court. The article presented by Divorce attorney Terry Bankert if you need immediate help call 810-235-1970

The Oakland County Child Custody in Family Division case number is 2008-743369-DM. The Michgian Court of Appeals heard this Oakland Child Custody case and filed an unpublished opinion, January 12, 2010, No. 293443. The parties are TODD MICHAEL DEKINDEREN,
Plaintiff-Appellant, RENEE MARY DEKINDEREN, Defendant-Appellee.
Before: Wilder, P.J., and O’Connell and Talbot, JJ.
PER CURIAM.

This opinion has been modified for media presentation. The original can be seen at [1]
FATHER Plaintiff appeals as of right an order granting MOTHER defendant’s motion to decline jurisdiction.

We reverse. THE MICHIGAN COURT OF APPEALS REVERSED THE DECISION OF THE OAKLAND CIRCUIT COURT FAMILY DIVISION HEARING A CHILD CUSTODY CASE.

UCCJEA ISSUE,

WHAT IF THE CHILD IS ONT A 6 MONTH RESIDENT
FATHER Plaintiff argues that Michigan had jurisdiction to make an initial custody determination
pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), MCL
722.1101 et seq., because the parties’ minor child did not reside in any single state for six months and, therefore, did not establish residency in any other state sufficient to confer jurisdiction.
　
FATHER Plaintiff thus contends that the OAKLAND CIRCUIT trial court erred when it failed to consider MCL 722.1202(1),which provides that once a Michigan court has made a child custody determination, as in the case at bar, that court has continuing jurisdiction.

OAKLAND WAS WRONG WHENI IT FIRST MADE A DECISION ON CUSTODY
We , THE MICHIGAN COURT OF APPEALS conclude that the OAKLAND COUNTY trial court did not have jurisdiction to make the initial custody determination during the divorce proceeding because
Michigan was not the child’s home state.

BUT WHEN NO STATE WOULD HAVE JURISDICTION AND THE CHILD IS IN MICHIGAN WHAT SHOULD THE COURT DO?

Nevertheless, the trial court abused its discretion in failing to analyze whether it could exercise continuing jurisdiction to consider plaintiff’s motion to change custody, in light of the possibility that no other state had jurisdiction or all states having jurisdiction had declined to exercise it.

UCCJEA JURISDICTION IS DISCRETIONARY, EVERY CHILD GETS A COURT

“Whether a trial court has subject-matter jurisdiction presents a question of law that this
Court reviews de novo. However, the determination whether to exercise jurisdiction under the
UCCJEA [is] within the discretion of the trial court, and would not be reversed absent an abuse
of that discretion.” Nash v Salter, 280 Mich App 104, 108; 760 NW2d 612 (2008) (internal
citations omitted).

THE MICHIGAN COURT OF APPEALS NORMALLY WOULD STAY OUT OF THE WAY

“Generally, an appellate court should defer to the trial court’s judgment, and
if the trial court’s decision results in an outcome within the range of principled outcomes, it has
not abused its discretion.” Jamil v Jahan, 280 Mich App 92, 100; 760 NW2d 266 (2008). In
addition, this court reviews issues of statutory construction de novo as questions of law. Nash,
supra at 108-109.

JUST WHAT POWER DOES THE UCCJEA GIVE

This matter involves the UCCJEA, which “prescribes ‘the powers and duties of the court
in a child-custody proceeding involving this state and a proceeding or party outside of this state .
. . .’” Fisher v Belcher, 269 Mich App 247, 260; 713 NW2d 6 (2005).

PRIMER ON STATUATORY INTERPRETATION

“The primary goal of statutory interpretation is to ascertain and give effect
to the intent of the Legislature in enacting a provision. Statutory language should
be construed reasonably, keeping in mind the purpose of the statute. The first
criterion in determining intent is the specific language of the statute. If the
statutory language is clear and unambiguous, judicial construction is neither
required nor permitted, and courts must apply the statute as written. However, if
reasonable minds can differ regarding the meaning of a statute, judicial
construction is appropriate.” [White v Harrison-White, 280 Mich App 383, 387;
760 NW2d 691 (2008), quoting USAA Ins Co v Houston Gen Ins Co, 220 Mich
App 386, 389-390; 559 NW2d 98 (1996) (internal citations omitted).]

ANALYSIS

Plaintiff is a Michigan resident. However, neither defendant nor the child has ever lived
in Michigan. Thus, the current action constitutes an interstate custody dispute and “MCL
722.1201 sets forth the basic jurisdictional requirement for making an initial custody
determination.” Nash, supra at 109. MCL 722.1201 provides:
(1) Except as otherwise provided in [MCL 722.1204, which concerns temporary
emergency jurisdiction], a court of this state has jurisdiction to make an initial
child-custody determination only in the following situations:
(a) This state is the home state of the child on the date of the
commencement of the proceeding, or was the home state of the child within 6
months before the commencement of the proceeding and the child is absent from
this state but a parent or person acting as a parent continues to live in this state.
(b) A court of another state does not have jurisdiction under subdivision
(a), or a court of the home state of the child has declined to exercise jurisdiction
on the ground that this state is the more appropriate forum under [MCL 722.1207,
which concerns an inconvenient forum, or MCL 722.1208, which concerns
unjustifiable conduct of the parties], and the court finds both of the following:
(i) The child and the child’s parents, or the child and at least 1
parent or a person acting as a parent, have a significant connection with
this state other than mere physical presence.
(ii) Substantial evidence is available in this state concerning the
child’s care, protection, training, and personal relationships.
(c) All courts having jurisdiction under subdivision (a) or (b) have
declined to exercise jurisdiction on the grounds that a court of this state is the
more appropriate forum to determine the custody of the child under [MCL
722.1207 or MCL 722.1208].
(d) No court of another state would have jurisdiction under subdivision
(a), (b), or (c).
(2) Subsection (1) is the exclusive jurisdictional basis for making a child-custody
determination by a court of this state.
(3) Physical presence of, or personal jurisdiction over, a party or a child is neither
necessary nor sufficient to make a child-custody determination.

DEFINITIONS

Pursuant to MCL 722.1102(h), “‘Initial determination’ means the first child-custody
determination concerning a particular child.” Under MCL 722.1102(c),
“Child-custody determination” means a judgment, decree, or other court
order providing for legal custody, physical custody, or parenting time with respect
to a child. Child-custody determination includes a permanent, temporary, initial,
and modification order. Child-custody determination does not include an order
relating to child support or other monetary obligation of an individual.

APPLICATION OF LAW TO FACTS

Thus, in this case, the provisions of the divorce judgment that addressed custody and parenting
time of the parties’ minor child constituted an initial custody determination.

HOME STATE GETS TO MAKE INITIAL CUSTODY DECISION

Under the UCCJEA, home-state jurisdiction is the sole focus for an initial custody
determination. See White, supra at 388 (noting that replacing the Uniform Child Custody
Jurisdiction Act with the UCCJEA was designed, in part, to rectify jurisdictional issues by
prioritizing home-state jurisdiction).

AT LEAST MEANS -0-6 MONTHS

Plaintiff’s claim that a child under six months old has no
home state ignores the plain language of the statute. MCL 722.1102(g) states,
‘Home state’ means the state in which a child lived with a parent or a
person acting as a parent for at least 6 consecutive months immediately before the
commencement of a child-custody proceeding. In the case of a child less than 6
months of age, the term means the state in which the child lived from birth with a
parent or person acting as a parent. A period of temporary absence of a parent or
person acting as a parent is included as part of the period. [Emphasis added.]

THE CHILD LIVED IN NORTH CAROLINA

In this case, the child was born on June 7, 2008, in North Carolina. Although plaintiff’s
amended complaint, filed on July 1, 2008, stated that the child resided in Orion, Michigan, in
fact, at the time the complaint was filed through the time the divorce judgment was entered on
August 27, 2008, the child lived in North Carolina.

WHAT DOES LIVED MEAN? PHYSICAL PRESENCE!

“When interpreting a uniform act, . . . it is appropriate for this Court to look for guidance
in the caselaw of other jurisdictions in which the act has been adopted.” Heritage Resources, Inc
v Caterpillar Financial Services Corp, 284 Mich App 617, 632; 774 NW2d 332 (2009). Texas
has also adopted the UCCJEA, and we agree with the Texas Supreme Court that
The word ‘lived’ strongly connotes physical presence. See Webster’s Third New
International Dictionary, 1323 (1961) (defining “live” as “to occupy a home”).

THE LEGISLATURE SAID WHAT IT MENT AND MENT WHAT IT SAID

We think it significant that the Legislature chose the word ‘lived’ as opposed to
‘resided’ or ‘was domiciled.’ The test for ‘residence’ or ‘domicile’ typically
involves an inquiry into a person’s intent. In our view, the Legislature used the
word ‘lived’ “precisely to avoid complicating the determination of a child’s home
state with inquiries into the states of mind of the child or the child’s adult
caretakers.” [Powell v Stover, 48 Tex Sup Ct J 780; 165 SW3d 322, 326 (2005)
(internal citations omitted).]

PHYSICAL LOCATION IS CENTRAL

“The purposes behind the UCCJEA further suggest that a child’s physical location is the central
factor to be considered when determining a child’s home state. The UCCJEA was intended to
make the determination of jurisdiction more straightforward.” Id.

MICHIGAN WAS NOT THE HOME STATE IN THE BEGINNING

Therefore, pursuant to MCL 722.1102(g), despite whether plaintiff was a resident of Michigan, the child’s home state was North Carolina, and Michigan courts did not have jurisdiction to make an initial custody
determination1 under MCL 722.1201(1)(a) by virtue of being the child’s home state.

IS LIVED THE SAME AS PRIMARY RESIDENCE?

We cannot necessarily fault the trial court for exercising jurisdiction, however, because
plaintiff’s amended complaint represented that the child’s “primary residence” was in Orion,
Michigan.

WHAT DID THE OAKLAND COUNTY COURT KNOW AND WHEN DID IT KNOW IT

There is no transcript of any hearing that took place before entry of the default
judgment and, therefore, we cannot know whether the trial court was aware that the child was
living in North Carolina at the time.2 This is relevant, however, because plaintiff later claimed
that North Carolina refused to hear his divorce action since neither he nor defendant had
established a residence there. If plaintiff’s claim were true (and no proof was offered to establish
or negate this), then the Michigan court might have exercised jurisdiction to make an initial
custody determination under MCL 722.1201(b) or (c), as provided above.

ONE MANS CONUNDRUM IS ANOTHER SLAM DUNK

The conundrum, of course, is that despite what appears to be a lack of jurisdiction, the
Michigan court made an initial custody determination, by which the parties abided until June 3,
2009, when plaintiff filed his emergency petition for extended parenting time pending the
hearing on his motion for change of custody.

SLAM DUNK

“Once an initial child-custody determination occurs, exclusive, continuing jurisdiction generally remains with the decreeing court.” Atchison v Atchison, 256 Mich App 531, 538; 664 NW2d 249 (2003). A court’s exercise continuing jurisdiction under the UCCJEA is explained in MCL 722.1202, which provides in pertinent part,
(1) Except as otherwise provided in [MCL 722.1204], a court of this state that has made a
child-custody determination consistent with [MCL 722.1201 or MCL 722.1203] has
exclusive, continuing jurisdiction over the child-custody determination until either of the
following occurs:
(a) A court of this state determines that neither the child, nor the child and 1
parent, nor the child and a person acting as a parent have a significant connection with
1 The parties do not dispute that Michigan had jurisdiction to enter the divorce decree.
2 However, it seems unlikely that the trial court knew where the child was living when the
default judgment was entered given that at the later hearing on defendant’s motion for Michigan
to decline jurisdiction, the court asked whether the child was born in Michigan or had ever lived
in Michigan.
this state and that substantial evidence is no longer available in this state concerning the
child’s care, protection, training, and personal relationships.
(b) A court of this state or a court of another state determines that neither the
child, nor a parent of the child, nor a person acting as the child’s parent presently resides
in this state.
(2) A court of this state that has exclusive, continuing jurisdiction under this section may
decline to exercise its jurisdiction if the court determines that it is an inconvenient forum
under [MCL 722.1207].
(3) A court of this state that has made a child-custody determination and that does not
have exclusive, continuing jurisdiction under this section may modify that child-custody
determination only if it has jurisdiction to make an initial child-custody determination
under [MCL 722.1201].
Thus, because the initial custody determination was not made consistently with MCL
722.1201 (that is, Michigan was not the child’s home state at the time the trial court made the
initial custody determination and plaintiff did not argue at that time that the child’s home state
declined jurisdiction), the trial court could not exercise continuing jurisdiction pursuant to MCL
722.1202(1)(a). However, MCL 722.1202(3) indicates that the trial court could have potentially
exercised continuing jurisdiction if it were true that pursuant to MCL 722.1201(b), (c), or (d), no
other court qualified as the child’s home state or all other states with jurisdiction had declined to
exercise it.

At the time plaintiff filed his emergency petition on June 3, 2009, the child, then just shy
of his first birthday3, was apparently living in Quantico, Virginia, although it is unclear how long
he had been there. At the hearing on defendant’s motion for the trial court to decline
jurisdiction, defense counsel stated that defendant (who had custody of the child) “lived in North
Carolina from August 2007 until just the last few months she’s moved to Virginia . . . .”
However, when asked to clarify what she meant by “the last few months,” defense counsel
answered, “Two or three months, I’m not exactly sure.” Defendant never complied with MCL
722.1209(1), which provides in pertinent part,
Subject to the law of this state providing for confidentiality of procedures,
addresses, and other identifying information, in a child-custody proceeding, each
party, in its first pleading or in an attached sworn statement, shall give
information, if reasonably ascertainable, under oath as to the child’s present
address, the places where the child has lived during the last 5 years, and the
names and present addresses of the persons with whom the child has lived during
that period.”
3 The child’s date of birth is June 7, 2008.

OAKLAND COURT SHOULD HAVE MADE SURE THE CHILD HAD A HOME STATE

The trial court’s position appeared to be that since plaintiff conceded that defendant lived in
North Carolina at the time the child was born, no further information was necessary. However,
for the trial court to properly decide whether it could exercise continuing jurisdiction, it was
necessary to determine whether the child had a home state and whether another court or courts had jurisdiction.

NO PROOFS WERE GIVEN OR ASKED? A POSSIBILITY WAS LEFT OPEN

It appears from defense counsel’s statements that the child had lived in North Carolina
for at least six months before moving to Virginia and, thus, North Carolina would remain the
child’s home state (now that the child was over six months old). However, no proof was offered
to support this assertion, nor did the trial court ask for any. Therefore, it is possible that Virginia could have been the child’s home state at the time of the hearing. Moreover, plaintiff alleged at
the motion hearing that defendant had also lived in California for some period of time after the
child’s birth. Therefore, it is also conceivable that, having not lived in any one place for at least
six months, the child had no home state.

ATTORNEY TESTIMONY WAS RELIED UPON

In addition, at the motion hearing, plaintiff’s attorney claimed that North Carolina declined jurisdiction over both the initial divorce action and allegations that defendant abused the child, but again, no proof was offered and the trial court did not request any.
It is worth noting that had a North Carolina court considered hearing plaintiff’s motion to
change custody, the guiding provision would be MCL 722.1203, which provides:
Except as otherwise provided in [MCL 722.1204], a court of this state
shall not modify a child-custody determination made by a court of another state
unless a court of this state has jurisdiction to make an initial child-custody
determination under [MCL 722.1201(1)(a) or (b)] and either of the following
applies:
(a) The court of the other state determines it no longer has exclusive,
continuing jurisdiction under [MCL 722.1202] or that a court of this state would
be a more convenient forum under [MCL 722.1207].
(b) A court of this state or a court of the other state determines that neither
the child, nor a parent of the child, nor a person acting as a parent presently
resides in the other state. [Emphasis added.]
If North Carolina was no longer the child’s home state, one can see why the North Carolina court
might have concluded that it did not have jurisdiction to modify an initial custody determination
made by a Michigan court.

THE MULTI STATE COURT DID NOT HAVE TO TALK BUT THEY SHOULD HAVE

One would have hoped that the Oakland Circuit Court or a court in North Carolina or
elsewhere might have inquired whether some court, somewhere, had assumed jurisdiction over
this case, given the allegations of abuse.4 Although communication between courts is not
required unless proceedings have been filed in two different states, MCL 722.1206(2), pursuant
to MCL 722.1110(1), “[a] court of this state may communicate with a court in another state
concerning a proceeding arising under this act.” Further, MCL 722.1112 states, in pertinent part:
(1) A court of this state may request the appropriate court of another state to do
any of the following:
(a) Hold an evidentiary hearing
(b) Order a person to produce or give evidence under procedures of that
state.
(c) Order that an evaluation be made with respect to the custody of a child
involved in a pending proceeding.
(d) Forward to the court of this state a certified copy of the transcript of
the record of the hearing, the evidence otherwise presented, and an evaluation
prepared in compliance with the request.
(2) Upon request of a court of another state, a court of this state may hold a
hearing or enter an order described in subsection (1).

MICHIGAN COURT OF APPEALS TROUBLED WITH THE OAKLAND COUNTY COURT

We are also somewhat troubled that, despite the fact that the Oakland County Friend of
the Court (FOC) was in the process of conducting an investigation, there is no indication that the
court reviewed the report or the conclusions; rather, once the court determined that it did not
have jurisdiction, it ordered the investigation closed.

DEFENDANT ADMITTED CHILD ABUSE TO FOC

Plaintiff claims that during an interview with the FOC, defendant admitted to biting the child. At the very least, if the child were actually in the state of Michigan at the time of the motion hearing (which is not clear from the lower court record or the brief), the trial court could have exercised temporary emergency
Jurisdiction pursuant to MCL 722.1204(1), which states,
A court of this state has temporary emergency jurisdiction if the child is
present in this state and the child has been abandoned or it is necessary in an
emergency to protect the child because the child, or a sibling or parent of the
child, is subjected to or threatened with mistreatment or abuse.”

OAKLAND COURT SHOULD HAVE THOUGHT HARDER

Although any error in failing to move for the exercise of such jurisdiction, if appropriate, would
have been plaintiff’s, for all of the above stated reasons, we find that the trial court abused its
discretion in failing to consider whether it could properly exercise continuing jurisdiction in light
of the possibility that no other state had jurisdiction over the child or other states having such
jurisdiction had declined to exercise it.

BAD LOCAL COURT DECISION

THE MICHGIAN COURT OF APPEALS Reversed and remanded for further proceedings BY THE OAKLAND COUNTY FAMILY COURTin accordance with this opinion.

Posted here by
Terry Bankert
http://attorneybankert.com/
Or
http://dumpmyspouse.com/
　
[1]
http://www.icle.org/contentfiles/mlo/unpublished/20100112_293443.pdf

GETTING A COURT ORDER WITHOUT THE OTHER SIDE

2010-03-07T07:47:00.000-08:00

Ex parte orders; temporary restraining orders.

KNOW YOUR CUSTODY,SUPPORT AND DIVORCE RIGHTS. Michigan based in Flint Divorce Lawyer , Custody and support.

Sometimes you can get the judge to sign an order for you without hearing from the other side.

Usually there is some form of an emergency concerning a child.

The court must be satisfied by specific facts set forth in an affidavit or verified pleading that irreparable injury, loss, or damage will result from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be issued.

Orders are effective upon entry but may not be enforced until the other party is served with notice.

Attorney Terry R. Bankert based in Flint Michigan. State Wide Divorce practice in mediation. For information about State Wide Family Law issues in your area go to http://www.dumpmyspouse.com/
At my web site there are many Family Law Articles to help you.

Slota v Slota several issues discussed.

2010-02-15T12:28:00.000-08:00

Terry R. Bankert a Flint Divorce Lawyer discusses several issues surrounding a Divorce appeal recently decided by the Michigan Court of Appeals.The case we will look at is not a Geneses County, Flint Michigan, divorce case. It is from St. Clair County.In this case the trial court erred in ordering the $310,000 lump sum payment provided for in the parties' settlement agreement incorporated into the consent divorce judgment could be paid in installments, contrary to the terms of the consent judgment.

1-One Divorce or Family Law issue discussed is whether the trial court properly,, ordered the lump sum payment provided for in the parties' settlement agreement could be paid in installments (contrary to the terms of the consent judgment); The trial court is the local family law court where the divorce attorneys or lawyers argued the case then one or both appealed. See In re Lobaina Estate; Construing unambiguous contract provisions; Rory v. Continental Ins. Co.;In this case the Court of Appeals found the lower court was in error. They said "We do not believe that any of these provisions authorized the court to convert the lump sum payment negotiated between the parties, and memorialized in this consent judgment of divorce, to installment payments. MCL 600.6107 refers to judgment creditors and debtors. The marital relationship is not that of a debtor and creditor. Lindner v Lindner, 137 Mich App 569,572; 358 NW2d 376 (1984).

2-The second divorce issues discussed is whether MCL 600.6107 and MCL 600.6201 gave the trial court authority to allow the defendant-husband to pay the judgment in installments; The Court of Appeals found that it did not.The Court of Appeals pointed out "We first note that while the trial court referred to its powers to enforce an agreement, the agreement was for a lump sum payment, and the trial court did not enforce this provision.Instead, the trial court altered it. Modifications of property settlements in divorce judgments are strongly disfavored. Baker v Baker, 268 Mich App 578, 586; 710 NW2d 555 (2005)"

3-The third issues discussed is the applicability of MCL 600.6107 (referring to judgment creditors and debtors); Lindner v. Lindner; Modifications of property settlements in divorce judgments; Baker v. Baker; Lentz v. Lentz; Bers v. Bers; Alexander v. Alexander; Molnar v. Molnar;To clarify this State Statute MCL 600.6107 refers to judgment creditors and debtors. The Michigan Court of Appeals found that marital relationship is not that of a debtor and creditor. Lindner v Lindner, 137 Mich App 569, 572; 358 NW2d 376 (1984).Here we will discuss Whether the trial court denied the plaintiff-wife her right to foreclose on her liens against defendant's properties and to obtain a judicial sale in order to enforce the lump sum payment; Draggoo v. Draggoo; Wiand v. Wiand;Divorce proceedings are conducted in the same manner as other suits in courts of equity;and these courts have the power to award issues, to decree costs, and to enforce its decrees.Draggoo v Draggoo, 223 Mich App 415, 428; 566 NW2d 642 (1997). A court possesses inherent authority to enforce its own directives. Wiand v Wiand, 178 Mich App 137, 144; 443 NW2d 464 (1989).

4-Our fourth issue is whether the trial court properly limited plaintiff's recovery of attorney fees and costs; In re Temple Marital Trust;Once again, the parties negotiated an agreement to enforce the provisions of the judgment by requiring the other party to pay the costs and fees of enforcing its provisions.While the record demonstrates that plaintiff had been attempting to collect the lump sum owed to her prior to the case’s reassignment, the trial court nevertheless limited the award of costs and fees.Because the specific language in the judgment leaves no room for interpretation, the trial court’s limitation constituted an abuse of discretion. See In re Temple Marital Trust, 278 Mich App 122, 128; 748 NW2d 265 (2008).

5-Our fifth issue is whether there should be Interest awarded on the defaulted amount; Olson v. Olson;The statutory interest on money judgments, MCL 600.6013, does not apply to divorce judgments, but in appropriate circumstances a court may award interest in its exercise of equitable powers. Olson, supra at 351. In its discretion, a trial court may award a party interest where the payments due on a property settlement are overdue. Reigle v Reigle, 189 Mich App 386, 394; 474 NW2d 297 (1991).

6-Our final issue is whether the following state statute is applicability . It is MCL 600.6013; Reigle v. Reigle; Request for assignment of the case to another judge on remand; Bayati v. Bayati; People v. PillarA case should be assigned to a different judge on remand if it would be unreasonable to expect the trial judge to be able to put previously expressed findings out of mind without substantial difficulty. People v Pillar, 233 Mich App 267, 270-271; 590 NW2d 622 (1998).The Michigan Court of Appeals found However, our review of the entire record does not demonstrate that the trial judge will be unable to put his previous rulings out of his mind, and justly resolve the issues at a subsequent hearing. Pillar, supra at 271; Bayati, supra at 603.See:Court: Michigan Court of Appeals (Unpublished),Case Name: Slota v. Slotae-Journal Number: 45029,Judge(s): Per Curiam - Servitto, Fort Hood, and Stephens ,UNPUBLISHED,February 9, 2010 ,No. 285676,St. Clair Circuit Court,LC No. 02-002811

CPS Complaints

2008-11-11T12:28:00.000-08:00

DAD REPORTS TO CPS COURT WILL NOT CHANGE PARENTING TIMEBy Terry R. Bankert Attorney At Law. 810-235-1970As a Flint Divorce Attorney often parents want to change child custody of child parenting time after some bad event occurs. After Legal Representation is sought Lawyers in Flint must be careful to not file motions on issues they cannot prove or that do not rise to a level of importance to justify changes in child custody or child parenting time. The court can cost them money for filing merit less motions.More importantly that parent will lose credibility which may hurt them in later proceedings. Terry Bankert a Flint family law divorce attorney wrote the following to alert you to sanctions that may occur with frivolous motions.To find additional article by Bankert goggle "attorneybankert" or "dumpmyspouse"Issue covered here, (others are in the fullcase):Whether the fact Child Protective Services (CPS) failed to substantiate evidence of abuse or neglect signified the plaintiff-father's emergency motion totally lacked merit or was not well-grounded in fact; Jerico Constr., Inc. v. Quadrants, Inc.;DAD FILES EMERGENCY MOTION AFTER MOM ASKED THE COURT TO LIMIT DADS PARENTING TIME.The parents present dispute arose from a November 2006 motion plaintiff father John David Langlois filed seeking to temporarily suspend defendant's , mother Constance Moore Langlois, parenting time pending the initiation of a CPS investigation into her living conditions, and defendant's motion to limit plaintiff to supervised visitation.THE COURT APPOINTS A GUARDIAN AD LITEMThe trial court appointed a GAL because it found the parties could not resolve their differences in the child's best interests, and reserved ruling on who would pay the GAL's fees.APPEALS COURT SAYS OAKLAND COURT GOT IT RIGHTThe Michigan Court of Appeals court concluded the Oakland County trial court did not clearly err in finding plaintiff's motion had a meritorious basis.CHILD SAYS MOM AND BOY FRIEND SUFFERED DRUNKENNESS, TEACHER REPORTSFather/ Plaintiff primarily premised the motion on the fact the child had recently reported to school personnel drunkenness and verbal abuse, including threats of harm, by defendant and her fiancé, which prompted a CPS referral. While defendant disputed whether the child reported her concerns to each of the school personnel identified in plaintiff's motion, the parties did not dispute the fact the child made such reports to a teacher, those reports (if true) reflected defendant's home was unfit, and the teacher reported the matter to the CPS.CPS INVESTIGATED AND COULD NOT FIND/PROVE ANYTHING WRONGThe fact the CPS failed to substantiate evidence of abuse or neglect did not mean plaintiff's emergency motion totally lacked merit or was not well-grounded in fact.MOM DID NOT SAY DAD OR HIS ATTORNEY DID NOT DO HOMEWORK FIRSTDefendant produced no evidence indicating plaintiff or his attorney failed to make a reasonable inquiry into the circumstances supporting the motion, or at the time they filed the motion, they knew or had reason to believe the child's reports were untrue. Affirmed.—S T A T E O F M I C H I G A N C O U R T O F A P P E A L S , JOHN DAVID LANGLOIS,Plaintiff-Appellee,UNPUBLISHED , October 30, 2008, v No. 280764, Oakland Circuit CourtCONSTANCE MOORE LANGLOIS, LC No. 1999-626705-DM, Defendant-Appellant.e-Journal Number: 40910, Judge(s): Per Curiam - O'Connell, Smolenski, and GleicherBefore: O’Connell, P.J., and Smolenski and Gleicher, JJ.,PER CURIAM. The lesson here is drawn from this case. Since this posting is for media use, blog, radio etc do not rely on its content without the help of a lawyer or looking at the original document.___Defendant HAD filed a motion for sanctions, asserting that plaintiff had filed his November 2006 motion in violation of MCR 2.114(E) and (F).*A party or the party’s attorney must sign every document that the party files in an action.MCR 2.114©)(1). That signature constitutes a certification that, among other things, "to thebest of [the signer’s] knowledge, information, and belief formed after reasonable inquiry, thedocument is well grounded in fact and is warranted by existing law or a good-faith argument forthe extension, modification, or reversal of existing law," and has not been filed "for anyimproper purpose." MCR 2.114(D)(2), (3).*A document signed in violation of subrule (D) subjects the signer, "a represented party, or both" to sanctions, including reasonable attorney fees. MCR 2.114(E). The imposition of a sanction becomes mandatory on a "finding that a pleading was signed in violation of the court rule."1 Contel Systems Corp v Gores, 183 Mich App 706, 710-711; 455 NW2d 398 (1990).*"To impose a sanction under MCR 2.114(E), the trial court must first find that anattorney or party has signed a pleading in violation of MCR 2.114(A)-(D)." In re Stafford, 200Mich App 41, 42; 503 NW2d 678 (1993). Such a determination "depends largely on the factsand circumstances of the claim." Id. A trial court’s determination that a party violated the courtrule involves a finding of fact by the trial court. Contel Systems, supra at 711.*The circuit court in this case did not clearly err in finding that plaintiff’s motion had ameritorious basis. Plaintiff premised the motion primarily on the fact that the parties’ child hadrecently reported to school personnel drunkenness and verbal abuse, including threats of harm,by defendant and her fiancé, which prompted a referral to CPS.* Although defendant disputed whether the child had reported her concerns to each of the school personnel identified in plaintiff’s motion, the parties did not dispute that the child had made such reports to a teacher, that those reports, if true, reflected that defendant’s home was unfit, and that the teacher reported the matter to CPS.* That CPS failed to substantiate evidence of neglect or abuse does not signifythat plaintiff’s emergency motion entirely lacked merit or was not well-grounded in fact. JericoConstr, Inc v Quadrants, Inc, 257 Mich App 22, 36; 666 NW2d 310 (2003) ("That the allegedfacts are later discovered to be untrue does not invalidate a prior reasonable inquiry.").*Defendant presented no evidence to suggest that plaintiff or his attorney failed to make areasonable inquiry into the circumstances supporting the motion or that, at the time they filed the motion, they knew or had reason to believe that the child’s reports were untrue. Defendant thus failed to show that plaintiff’s emergency motion as a whole was signed in violation of the court rule.Posted here byTerry Bankerthttp://attorneybankert.com/

Re Assignment , custody, Military Families.

2008-10-31T13:40:00.000-07:00

I am a provider of LegalServices, a Flint Divorce Lawyer.

As a Flint Attorney I actively provide free legal information to help you with your family law matter: Divorce, Annulment, issues of children in divorce, to list just a few areas I practice as an Attorney at Law.

By helping you to understand Divorce & Family law, you are better able to handle the costs of divorce emotionally and financially.

The case discussed here is a Michigan Family Law case involving the ability of a parent to move a significant distance and retain custody of her child.

Issues discussed :Divorce; D'Onofrio v. D'Onofrio (NJ Super.); Rittershaus v. Rittershaus;

Whether the trial court's ruling on factor MCL 772.31(4)(a) was erroneous; Costantini v. Costantini; Mogle v. Scriver;

Whether the trial court erroneously evaluated factor MCL 772.31(4)(a) by considering the move relative to Maryland versus Arkansas instead of Michigan versus Arkansas; MCL 772.31(4)©)

Court: Michigan Court of Appeals (Unpublished) 10/21/08Case Name: Nooney Smith v. NooneyKent County MI USALC 05-004809e-Journal Number: 40821Judge(s): Per Curiam - Markey, Sawyer, and Kelly

The trial court's ruling on factor MCL 772.31(4)(a) was erroneous because the evidence fully supported a finding prohibiting the change of domicile to Arkansas would worsen the quality of life for the plaintiff-mother and the child.

In interpreting Divorce, Custody and Parenting time Laws the Court of Appeals found it was in the child best interest to move out of State.The Court uses the statutory Best Interest Factors to evaluate these issues.

Because the trial court's findings on factors (a) and ©) were against the great weight of the evidence, the trial court's ultimate conclusion that the D'Onofrio factors were not met was against the great weight of the evidence and the court found the trial court abused its discretion in denying plaintiff's motion for a change of domicile.

Family, particularly those in the Military have unique needs, the court must take them into consideration.Prohibiting the move , of a United States Army Family, would sever their nuclear family and force plaintiff and her new husband, a staff sergeant, to maintain separate households in different states, which would place a significant financial burden on plaintiff and her lifestyle with the minor child.

In evaluating factor (a), the trial court indicated no additional funds would result from the move, because the staff sergeant was just being relocated from one location to another.The trial court's focus in making this determination was misplaced, looking at a move by plaintiff from Maryland to Arkansas, instead of Michigan to Arkansas.

The staff sergeant provided the sole income for the family's living expenses and was required to move to Arkansas.The Mothers rights allow her to be a stay at home mom for her kids.

Plaintiff is a stay-at-home mom. If she were allowed to move to Arkansas with the minor child, her husband would only be financially supporting one household.On the other hand, if plaintiff were forced to return to Michigan with the minor child, as advocated by defendant and ordered by the trial court, two households would have to be maintained. "Maintaining two households on one income cannot be interpreted as being beneficial for the minor child or plaintiff.

A substantial financial burden would be placed on the family as a whole."

The D'Onofrio test recognizes an improvement of a family's financial situation benefits the entire family unit, which consists of the custodial parent and child.There will be an improvement in the financial situation of the entire family unit if the parent and the minor child move to Arkansas, as opposed to living in Michigan.

Thus, changing plaintiff and the minor child's legal residence to Arkansas had the capacity to substantially improve the quality of life for both the minor child and the custodial parent. Reversed in part and affirmed in part.

If you have question please feel free to contact me.Terry Bankert

http://attorneybankert.com/
10/31/08

Changes In Flint area Child Support

2008-10-26T06:43:00.000-07:00

Changes in Child Support in Michigan. 10/26/08

My name is Terry Bankert , I have purchased the Genesee County franchise through "DumpMySpouse.". This is alternative advertising. I hold marraige and unions for the sake of the children to be quite important. But when you make that decision to end your relationship my law firm is available to help you In Flint and Genesee County Michigan USA.

I am a Flint Divorce Lawyer.

Please allow me to share some thoughts as a Flint Divorce Attorney on the changes in the 2008 Michigan Child Support formula and its calculations.

I have been a practicing Flint Divorce Attorney since 1994.

We have some changes in child support that may affect you directly. A year ago changes in the child support laws were enacted that went into effect 10/01/2008. Some of the old child support elements have been eliminated others have been changed.

Divorce Law is hard enough to understand when you are in the middle of the emotional breakup of your family.

Getting your head around issues such as child support may be too much with out help. What sets apart my law firm is that we take the time to educate you so that you now your rights and how decisions and calculation of support are made.

For instance; income determinations have been changed, exemptions have become determinations, step children and children in your home when you pay child support elsewhere are given economic credit for the sacrifices you are making.

Child care has a date certain that it will end and you get economic credit for any overnight parenting that you have with your child.

There is economic justice for the non custodial parent in the amended law.

There are many Flint Attorney or Flint Family Law attorneys that can help you. What separates my law firm is that this is our specialization, we are available and will spend the time necessary so that you understand your options.

One of the most important parts of the new law for Flint Families in divorce and confronting the issues of child support and child custody /parenting time if that there is no longer a sharp drop in the paying parents child support between 127 and 128 annual overnight. It is now an even balances series of reductions based upon these overnight.

Under the old version of the law one additional overnight could reduce child support by 30%. Call my office for an appointment to discuss how the new changes affect you.

There will be no charge for the initial consultation when you mention you saw this article on line.

Terry Bankert
http://attorneybankert.com/
also advertised on
findlaw.com
attorneys.com
dumpmyspouse.com
lawyers.com
just google my name or the above.

TEMPORARY RESTRAINING ORDERS IN MICHIGAN DIVORCE

2008-10-14T01:42:00.000-07:00

MICHIGAN DIVORCE TEMPORARY RESTRAINING ORDER

[More articles are in the archives]

What is a temporary restraining order from a MICHIGAN Family Court?

Requirements for a MICHIGAN Divorce Attorney seeking and the court granting a temporary restraining order (TRO): MICHIGAN Fathers Rights and MICHIGAN Mothers Rights equally apply.

It clearly appears from specific facts, as Prepared by a MICHIGAN Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.

The applicant’s MICHIGAN Attorney certifies in writing any efforts to give notice and why notice should not be required.

A permanent record , By A MICHIGAN Judge, is made of nonwritten evidence, arguments, or representations supporting the application. A record is what is done in front of a MICHIGAN FAMILY COURT Judge after the case is called. The record is produced by ordering transcripts .
The order, prepared by your Michigan Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.

Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.

Motions for Temporary Orders as prepared by your Michigan Divorce Lawyer

A Michigan Lawyer will prepare your Motions for temporary orders . Michigan attorney pleadings typically concern Michigan child custody and Michigan support, Michigan parenting time adjustments, restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Michigan attorney fees.

A Michigan Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207(C)(2).
The motion may be made , by your Michigan Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207(C)(1).

Other provisions regarding the Michigan Divorce temporary order include the following:
The Michigan Divorce order may be modified at any time, following a hearing and on a showing of good cause.

The Michigan Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.

The Michigan Divorce order remains in effect until modified or until entry of the final judgment or order.

The Michigan Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearages that have been assigned to the state.
MCR 3.207(C)(3)–(6).

Your Michigan Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.

At any time, a Michigan Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Michigan postjudgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay.

Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206(C).

Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com/

So you decided to " Dump My Spouse!"

2008-10-10T01:44:00.000-07:00

The Divorce Process: Do's ,Don'ts and a few of the steps.

Do you need help now? Call 810 235-1970 !

By Attorney Terry Ray Bankert 810 235-1970
Google: attorneybankert

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. Google: terrybankert.blogspot

Google:dumpmyspouse.blogspot

Call for a free appointment to calculate your spousal support.

Divorce can be a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that your actions throughout the process can affect your family, emotional, and financial situation for years to come. Following are some "do's and don'ts" for the divorce process.

THIS PARAGRAPH IS FOR THE SEARCH ENGINES

Terry Bankert is a Flint Divorce Lawyer attorney. His practice issues involve Child custody, child support, fathers and mothers parenting times. He is described as a Flint attorney, Genesee County lawyer, Clio attorney, Burton lawyer, Davidson attorney, Flushing lawyer, military divorce attorney, Flint lawyer, Michigan attorney, Flint alimony, Flint fathers rights, Flint mothers rights. Flint grandparents rights, Flint paternity attorney ,Flint Child visitation Lawyer, Flint spousal support attorney , one of the Flint lawyers, or Flint attorneys, Flint Flint guardianship, Flint family court , Flint childrens rights, Flint parents rights, Flint mediation, Flint collaborative law, Flint child support collection, Flint divorce judgement enforcement, Flint judgement changes , Flint uncontested divorce ,Flint child support payment,, Flint simple divorce, Flint Law Firm, law, Terry Bankert practices Law in the court rooms of Judge Duncan Beagle, Judge Michael Theile, Judge David Newblatt, Judge John Gadola, Judge Robert E. Weiss. Terry Bankert can be found by googling his name terrybankert or , attorneybankert , Bankert can also be found at the internet sites, findlaw, lawyerscom, dumpmyspouse, terrybankert blogspot.

Call 1-810-235-1970 for a free office or phone appointment. Evenings and weekends are available.

THE DO's

DO be reasonable and cooperate as much as possible with your soon-to-be-ex. Reasonable compromise yields quicker and easier results in FLINT divorce cases.

DO support your children through this process. It's even tougher on them than on you. Don't make them pick sides.

DO let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements.

DO fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final.

DO ask your attorney if anything doesn't make sense. Your attorney works for you, and should help you understand every part of the divorce process.

THE DO NOT’S

DON'T make big plans to take a job in another state or move out of the country until your divorce is final. Your new life could interfere with getting your Flint divorce is finalized.

DON'T violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer.

DON'T "give away" property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets.

DON'T go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected.

DON’T make wedding plans with your new significant other until your divorce is finalized.

A FEW OF THE ISSUES.

180 day residency in Michigan required of one of the parties.

Friend of the Court becomes involved if there are children or spousal support is requested.
Allegations

In a divorce proceeding the only allegation of the grounds for divorce the statute permits is the no-fault grounds, i.e. " there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likely hood that the marriage can be preserved.

Child Custody proceedings are often part of a divorce action but they may be initiated independent of a divorce proceedings.

A married parent may independently commence an action for child support as long as there is no divorce or separate maintenance proceedings.

OTHER PARTIES Generally it is beyond the jurisdiction of the divorce court to adjudicate third- party rights regarding property. An example is a car loan with both names on it. One may be ordered to pay it in the divorce but both can be sued by the lien holder.

Filing and Serving the Divorce/Dissolution PetitionThe divorce complaint is a legal document that is filed in court by a spouse who seeks a divorce.

This complaint informs the court of the filing spouse's (called the "petitioner") desire to end the marriage, and its filing with the court signifies the initiation of the divorce process. Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun.

Contents of the Divorce/Dissolution Petition: Information and Requests

A complaint typically contains the following information:

Identification of the spouses by name and address;

Date and place of marriage;Identification of children of the marriage;

Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;

Grounds for divorce;

Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.

A divorce complaint should be as neutral a document as possible. Inflammatory language can open up wounds that will never heal.

Do you need help now? Call 810 235-1970 !

By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/ or
http://dumpmyspouse.blogspot.com/

DIVORCE MEDIATION LAWYER, ATTORNEY

2008-10-02T03:22:00.000-07:00

FLINT ATTORNEY, FLINT LAWYER, DIVORCE, MEDIATION CONVERSATION

By Attorney Terry Ray Bankert 810 235-1970

My firm , I am a Flint Attorney, offers family law services , litigation and mediation: DIVORCE, child support, parenting time, child custody and Grand Parents rights.

These Services through mediation are offered state wide, I will travel to you and much can be done online. Divorce litigation is offered , as a Flint Lawyer, in Genesee County Michigan.

We get our message to marketed through, FindLaw, Terry R. Bankert P.C. Blog, dumpmyspouse, AttorneyBankert, Facebook, FlintTalk, Blogging for Michigan, myspace, Flint Talk radio, Flint Journal , Flint Community blogs, CPS Courier, and WFLT 1420 am radio.

We use the internet venues to present our services to market. For instance the venue " dumpmyspouse " firm offers billboard placement and a .com address That is remembered.

Our site is rich in detail about articles on Divorce, divorce law, divorce forms.

I describe my services as a divorce attorney , divorce lawyer, your divorce rights, divorce custody, divorce parenting time, and the procedures of divorce in Flint Michigan and the State of Michigan.

My theory is to approach divorce , mediation and domestic actions through the eyes of the children when applicable and always from a sense of fairness and equity.

State wide I offer divorce mediation services , as a mediation lawyer, for you privacy and development of a divorce judgement both of you want not a judge.

http://attorneybankert.com/

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/Do you need help now? Call 810 235-1970 !

Flint Attorney, Flint Lawyer, Divorce Mediation Attorney, Divorce Mediation Lawyer.

HELLO!
10/02/2008
BY Terry Bankert [trb]
http://attorneybankert.com/

A CONVERSATION ABOUT MEDIATION.

[OOSL2] Terry, is this mediation you speak of meant to take the place of the old "settlement conference" where lawyers and clients would meet to hash out their differences and reduce to writing a property settlement for a "stipulated" judgment of divorce or stipulation and property settlement to be attached to the judgment?

[trb] The Courts are moving towards increasing the use of mediation to resolve the emotional issues of divorce and allow court time ,which is short in supply, for that 5% of the cases that are tried.The judges in reality are using the tools of mediation themselves to resolve the problem of too little time and too many cases.

When the parties come to mediation they are ending a relationship with all the bitterness, frustration, disappointment and anger the loss entails. In addition they have a low level of trust in each other.The adversarial process can increase this emotional bitterness .

When parties have children they will be in contact or proximity until the children are adults.Mediation is a process in which an impartial 3rd person facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute.The common practice in Genesee County is for the attorneys to be available but not necessarily present. Mediation is based on the principal of self determination by the participants .

The starting point for 50% of the Divorces in Genesee County is each party thinks their position is right and the others is wrong. Child Custody, parenting time and support are emotional issues not easily solved by a mathematical approach or adversarial approach.

Mediation is a process of fairly balancing power in a non coercive way to achieve accommodation and result in agreement.The attorneys through the adversarial process are focused on the disagreement. The mediation process will begin with a focus on the agreements or common ground.Then to the reasons for the disagreements and discovering new common ground. When our married lives are unwound through the divorce process the emotions of the breaking up process find their way into the pleading, hearing and personal interactions of the husband and wife.Mediation offers the opportunity to ventilate and move parties to be agreement ready.

Where there are difference the Why is explored with focus on the underlying interests and options on how to achieve those interests. The parties are then in a balanced way put in an environment where they can move to yes or agreement and resolve their own problems .The parties are in control of their divorce not victimized by the process.The image of a 4 way at the table ,parties and counsel negotiating a settlement does not occur until a trial date where all are obligated to appear and be ready for trial.

Most trial dates have 4-6 cases ordered to be ready for trial. Since only one at a time can go plus there may be emergency hearings or carry overs from a prior day the probability of having a trial on your first trial date is only 10% , on your 2nd trial date 50% + and 90% on your third trial date.The judge usually will direct the parties to attempt to settle in the hall ways and report back before being released.The parties will feel maximum pressure, loss of control and often a sense of victimization by the system.

The Practice of mediation in Genesee County is usually towards the end where the attorneys have completed discover and staked out positions by brief. Most cases will have already had a court settlement conference with the judge where a judge indicated the likely conclusion at trial on facts presented by counsel.In Judge [N] court there is early mediation by the Community Dispute Center that takes place on the motion morning to help resolve issues of child custody, child support, parenting time until there can be a trial, 6 months away.

Stipulated or consent judgements are already 95% of the cases, mediation offers a different pathway to get there.

[00SL2]Do you see the divorce meditations being any more productive than just discussing settlement and resolving differences through respective counsel?

[trb] Yes! Mediation is a positive addition to the role of counsel. Divorce and its included decisions of custody support and property division is an emotional process. In this adversarial process the attorneys stake out client positions with authority for minor modification. The farther from the trial date the more entrenched the positions.

When neither party is prepared to accept the others position a third way is needed. The options are early on in the [N] court for mediation, in [W,B,T] for a FOC referee to give the parties a brief hearing and make a recommendation which often is an order even if objected until a later,30 days, hearing/trial, can be scheduled.Judge [G] will attempt to resolve in open court often delaying to another day and directing the parties to negotiate.

Meditations serves various purposes, including the opportunity of the parties to define interests, explore and assess possible solutions and reach mutually satisfactory agreements when desired. The parties are in control of the process and divorce with dignity.The process is private, quicker, its reduces long term conflict, saves money and is better for the children.

The solutions are party generated agreements on coerced. Success in mediation is not measured by resolving all the issues. It is measured by putting the parties in control and preparing both to be agreement ready. Attorneys regularly use the mediation process to resolve the emotional conflicts between the parties usually concerning children and support.

The economic issues can be resolved through mediation but most often once the parties emotional conflicts are mediated the dollar and cents final resolution is completed by the attorneys.

Posted here by Terry Bankert 10/2/2008http://attorneybankert.com/

UNDERSTANDING DIVORCE

2008-10-02T01:56:00.000-07:00

UNDERSTANDING THE DIVORCE PROCESS

By Attorney Terry Ray Bankert 810 235-1970

My firm offers family law services: DIVORCE, child support, parenting time, child custody and Grand Parents rights.

These Services through mediation are offered state wide.Divorce litigation is offered in Genesee County Michigan. We get our message to market through, FindLaw, Terry R. Bankert P.C. Blog, dumpmyspouse, AttorneyBankert,facebook, FlintTalk,Blogging for Michigan,myspace, Flint Talk radio, Flint Journal Community blogs, CPS Courier, and WFLT 1420 am radio.

We use the internet venues to present our service to market. For instance the venue " dumpmyspouse " firm offers billboard placement and a .com address thats remembered. Our site is rich in detail with articles on Divorce, divorce law, divorce forms.

I describe my services as a divorce attorney / divorce lawyer, and advising you on your divorce rights, divorce custody, divorce parenting time, and the procedures of divorce in Flint Michigan and the State of Michigan.

My theory is to approach divorce and domestic actions through the eyes of the children when applicable and always from a sense of fairness and equity.

State wide I offer divorce mediation services for your privacy and development of a divorce judgement both of you want not a judge.

See http://attorneybankert.com/ for Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/Do you need help now? Call 810 235-1970 !Date 10/2/2008

Where to File for Divorce

State courts have power (or "jurisdiction") over divorce proceedings, in Flint it will be the Genesee County Circuit Court , so the spouse seeking a divorce files an initial document called a divorce "complaint".

Michigan has a specific family court division where the divorce petition is filed and the case is heard.

Do I have to live in a state to get a divorce there?

All states require a spouse to be a resident of the state -- often for at least six months , Michigan, and sometimes for as long as one year -- before filing for a divorce there.

Someone who files for divorce must offer proof that he or she has resided there for the required length of time.Only three states -- Alaska, South Dakota and Washington -- have no statutory requirement for resident status.

If you think that your spouse will file for divorce in another state, it may be prudent to spend the money up front and file first -- in your home state.

Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses.

Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support , must be filed in the original state. This could keep you traveling out of state for years to come, especially if you have children with your spouse.

Can one spouse move to a different state or country to get a divorce?

If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else.

The courts of all states will recognize the divorce.

If you receive documents from a foreign country, you may want to consult an attorney to advise you of whether your state court or the foreign court governs the issues. This depends on many factors, such as which particular country is involved, where the parties lived and for how long and, of course, whether children are involved.

Filing and Serving the Divorce/Dissolution Petition

The divorce/dissolution Complaint is a legal document that is filed in court by a spouse who seeks a divorce. Also called the "petition" in some states, the complaint informs the court of the filing spouse's desire to end the marriage, and its filing with the court signifies the initiation of the divorce process.

Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun (more on serving the petition below).

Contents of the Divorce Complaint:

Information and RequestsWhile specific requirements and formats vary from state to state, the divorce/dissolution petition typically contains the following information:

Identification of the spouses by name and address;

Date and place of marriage;Identific ation of children of the marriage;Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;Grounds for divorce;

There has been a breakdown in the Marital relationship and the bonds of matrimony have been broken. Specific fault does not have to be stated.Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.

Contents of the Divorce/Dissolution Petition: Temporary Orders

In addition to the information described above, the divorce complaint may ask the court to put temporary "orders" in place on certain family and financial issues while the divorce process is ongoing.

If approved, these orders usually stay in effect until the divorce becomes final.These temporary orders may pertain to issues such as:

Which spouse will have primary (physical) custody of the child(ren);

Child visitation schedule for the non-custodial spouse;

Payment of child support;

Payment of spousal support;

Which spouse will live in the couple's house or primary residence;

Payment of bills and other financial concerns

*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/

Child visitation basics

2008-09-17T19:56:00.002-07:00

By Attorney Terry Ray Bankert
810 235-1970
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http://attorneybankert.com/
Dump My Spouse - Genesee County Michigan
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Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
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*****
Date: 09/20/2006

These frequently asked questions will help you sort out your concerns about child visitation after a divorce or separation. Michigan law clearly creates a right of a child to parenting time with a parent unless it is shown at trial by clear an convincing evidence that parenting time would endanger the child physical, mental, or emotional health.

What does "reasonable visitation" mean?When a court determines the visitation rights of a noncustodial parent, it usually orders "reasonable" visitation , leaving it to the parents to work out a more precise schedule of time and place.

This language is found most often in the initial temporary order. But let me point out here that it is you and your attorney that are negotiating parenting time.Judges most often are signing what you have agreed to. Reasonable visitation allows the parents to exercise flexibility by taking into consideration both the parents' and the children's schedules.

Practically speaking, however, the parent with physical custody has more control over the dates, times and duration of visits. He or she isn't legally obligated to agree to any particular schedule, but judges do take note of who is and who is not flexible.If you are inflexible, merely to vex your ex, it can backfire when you need to ask the court for something in the future.

The parents have to cooperate and communicate frequently, for the reasonable visitation approach to succeed. If you suspect right off the bat that reasonable visitation won't work, insist on a fixed schedule and save yourself time, anger, and possibly money.If you've already agreed to reasonable visitation and it isn't working out -- for example, one parent is consistently late, skips scheduled visits or doesn't inform the other parent where he or she is planning on taking the children -- you can go back to court and ask that the arrangement be changed.

When there is a dispute the elements of a custody decision also apply to the parenting time orders by the court.What is a fixed visitation schedule?Sometimes courts will set up a detailed visitation schedule, including the times and places for visitation with the noncustodial parent -- for example, every other weekend or every Tuesday and Thursday evening.

A court will be inclined to order a fixed schedule if the hostility between the parents is so severe that the need for regular contact between them may be detrimental to the child. A fixed visitation schedule can still be generous.

But it just removes opportunities for one party to control the other's time and allows the children to experience predictability, in an often unsettling period.My ex-spouse was physically abusive to me and the children. How can abuse be prevented during visits with the children?When a noncustodial parent has a history of violent or destructive behavior, especially toward the child, the court often requires that visitation between that parent and the child be supervised.

This means that an adult (other than the custodial parent) must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed on by the parents or appointed by the court. No matter how the adult is chosen, he or she should be approved by the court that ordered the supervised visitation.If you have parenting time disputes first try to work it out between yourselves, with your pastor or the friend of the court. Returning to court should be your last resort.

Remember your children are watching how you conduct yourselves in your divorce. Your actions will affect them emotionally and their future conduct in their own marriage.The ‘ Best Interest Factor” are used to help in determining visitation.

Example of parenting time captian and order.

[Michigan]PARENTING TIME WITH THE MINOR CHILDRENIT IS FURTHER ORDERED that the

[] Plaintiff [] Defendant shall have the right to see and visit with said minor children at all reasonable times and places. In the event that the parties cannot mutually agree as to what is reasonable, they shall each be bound by the following;

1. The [] Plaintiff [] Defendant shall have the right to have the minor children on alternate weekends from 6:00 p.m. Friday evening until 6:00 p.m. Sunday evening.

2. This party shall have parenting time the weekend of : 00/00/2004

3. The [] Plaintiff [] Defendant shall have the right to have the minor children on alternate holidays, commencing from 9:00 a.m. until 9:00 p.m., said holidays being New Years, Easter, Memorial Day, Fourth of July, Labor Day, Halloween evening, and Thanksgiving.

4. The Father shall have the right to have the minor children with him every Father's Day, from 9:00 a.m. until 9:00 p.m., irrespective of whether Father's Day falls on a Sunday when the Father would not otherwise be entitled to his parenting time.

5. The [] Plaintiff [] Defendant shall have the right to have the minor children on Christmas Eve of alternate years, from 6:00 p.m. Christmas Eve until 12:00 noon Christmas Day, and the following year on Christmas Day, from 12:00 noon until 9:00 p.m.

6. The Defendant shall have the right to have the minor children on each alternate birthday of the children, commencing with the next birthday of the children from 9.00 a.m. until 9:00 p.m.

7. The Mother shall have the right to have the minor children with her on Mother's Day every year, irrespective of whether Mother's Day falls on a Sunday when the Mother would otherwise be entitled to her parenting time.

8. The Defendant shall have the right to have the minor children for 2 successive weeks each summer (or summer school vacation). In the event that the parties cannot agree, the 2 weeks shall be the first full 2 weeks in August.

9. Further, that the scheduling of the holidays as hereinabove set forth shall take the first order of precedence regarding any conflict which may arise between holidays, vacations and/or alternating weekends. Vacations shall take precedence regarding conflicts in scheduling with weekends.

IT IS FURTHER ORDERED that the Defendant shall have the right to see and visit with said minor child at all reasonable times and places.

*****By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/
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Reaction of children to divorce

2008-09-17T19:56:00.001-07:00

After you decide to divorce you have to decide how to divorce.
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When you have children be aware of their feeling and knowledge of your marital problems. The walls have ears. Do not involve them in the specifics or do anything to encourage them to take sides. Your children are watching and learning from you. They are evaluating how you and your spouse conduct themselves in a divorce.

One of a child's first reactions to divorce is fear of abandonment. The child reasons if one parent can leave, then the other parent might leave too. The child needs steady reassurance that the child will not be abandoned. Hopefully, the reassurance can come from both parents, including through substantial contact with both parents.

Keep going to church as a family.
By Attorney Terry Ray Bankert
810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/

Do you need help now? Call 810 235-1970 !

Young children also are concerned that the parent who is moving out will not be taken care of or will not have a place to stay. Some of those concerns can be alleviated by promptly showing the child where the departing dad or mom will live.

Tell your children everything is okay and they do not have to worry.Other common reactions of children to divorce include: sleep disturbances, fears of impending disaster, suspiciousness, under-achievement in school, poor peer relationships, emotional constriction, anger, and regression in behavior (such as bed-wetting).

Many children feel powerless and vulnerable in the period during and following a divorce. Assuming the child liked both parents, the child wants to stop the divorce, but cannot. Children often blame themselves for the divorce and think if they had done something different that their parents would not be divorcing.Children need to be told--often many times--that the divorce is not their fault . . . that dad and mom are not living together because dad and mom could not get along, not because the child did something wrong.

Although nothing takes all the pain out of divorce for a child, the manner in which children are told about a divorce will have a lasting effect on them. Certain ways of telling a child will maximize suffering, such as telling the child, "He left us!" or "She does not love us!"

Telling the child that the divorce will not make a difference also is unwise. Obviously, the divorce will make a difference. The child should be given a simple, honest explanation of the divorce, without giving lurid details designed to alienate the child from the other parent.

The parents should explain what will be different and what will not be different--including talking about where the child will live, where the child will go to school, and when the child will be with each parent.The child should be given an opportunity to express feelings and to ask questions.

The child also might be told that things will be difficult for a while, but they will improve with the passage of time. Children need a close ongoing relationship with both parents.

Do you need help now? Call 810 235-1970 !

By Attorney Terry Ray Bankert

http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/

Child Custody Basics

2008-09-17T19:56:00.000-07:00

By Attorney Terry Ray Bankert 810 235-1970
http://dumpmyspouse.com/
http://attorneybankert.com/

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/

Articles on Divorce and Lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now? Call 810 235-1970 !

Child Custody BasicsWhen parents divorce, the divorce judgement will specify with whom the divorcing couple's children will live (and circumstances under which the other parent will visit with the children).

Often, parents work out these arrangements between themselves, either completely voluntarily or with the assistance of their attorneys , pastor, or a mediator. When they are unable to reach a decision, however, or when unmarried parents are unable to agree on who will have custody of their child, the court may intervene and make a decision based on the child's best interests.In most situations, physical custody is awarded to one parent with whom the child will live most of the time.

Often, however, the custodial parent shares "legal custody" of the child with the non-custodial parent. "Legal custody" includes the right to make decisions about the child's education, religion, health care, and other important concerns.Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents.

Proponents of this arrangement say it lessens the feeling of loss that a child may experience in a divorce. Critics, however, say that it is best for the child to have one home base, with liberal visitation allowed to the "non-custodial" parent.

Because joint custody requires a high degree of cooperation between the parents, courts are reluctant to order joint custody unless both parents are in agreement and can demonstrate the ability to make joint decisions and cooperate for the child's sake.Another option, although much less favored, is split custody, in which one parent has custody of one or more of the parties' children, and the other parent has custody of the other(s).

Courts usually prefer not to separate siblings, however, when issuing custody orders.When the child's parents are unmarried the mother often is awarded sole physical custody unless the father takes action to be awarded custody.In deciding who will have custody, the courts consider various factors.

The overriding consideration is always the child's best interests, although that can be hard to determine. Often, the main factor is which parent has been the child's "primary caretaker" (more on this below).

If the children are old enough, the courts will take their preference into account in making a custody decision.A party involved in a child custody matter should become acquainted with the Child Custody Act of 1970, and study and be prepared to give their reasons for wanting custody pursuant to the following factors:

(a) The love, affection, and other emotional ties existing between the parties involved and the child;

(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and continue the education and raising of the child in his or her religion or creed, if any;

( c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other marital needs;

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity;

(e) The permanence, as a family unit, of the existing or proposed custodial home or homes;

(f) The moral fitness of the parties involved;

(g) The mental and physical health of the parties involved;

(h) The home, school, and community record of the child;

(I) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference;

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, or the child and the parents;

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child; and

(l) Any other factor considered by the court to be relevant to a particular child custody dispute.When there are custody disputes, the parents must be advised as to joint custody:

(1) At the request of either parent, the court shall consider an award of joint custody, and shall state why joint custody may or may not be consider by the court. The court shall determine whether joint custody is in the best interest of the child by following factors:

(a) The factors enumerated above.

(b) Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child.

(2) If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, that clear and convincing evidence affecting the welfare of the child dictates otherwise.

(3) That if the court awards joint custody, the court may include in its award a statement regarding when the child shall reside with each parent, or may provide that physical custody be shared by the parents in a manner to assure the child continuing contact with both parents.

(4) During the time the child resides with a parent, that parent shall decide all routine matters concerning the child.

(5) If there is a dispute regarding residence, the court shall state the basis for a residency award on the record or in writing.

(6) Joint custody shall not eliminate the responsibility for child support. Each parent shall be responsible for child support based on the needs of the child and the actual resources of each parent.

If a parent would otherwise be unable to maintain adequate housing for the child and the other parent has sufficient resources, the court may order modified support payments for a portion of housing expenses, even during a period when the child is not residing in the home of the parent receiving support.

In addition to the above factors, there is a preference for the parent who can demonstrate that he or she was a child's primary caretaker during the course of the marriage.In custody cases, the "primary caretaker" factor became important as psychologists began to stress the importance of the bond between a child and his or her primary caretaker.

This emotional bond is said to be important to the child's successful passage through his or her developmental stages, and psychologists strongly encourage the continuation of the "primary caretaker"-child relationship after divorce, as being vital to the child's psychological stability.

When determining which parent has been the primary caretaker, courts focus on direct care-taking responsibilities, such as:

1. Bathing, grooming, and dressing;

2. Meal planning and preparation;

3. Purchasing clothes and laundry responsibilities;

4. Health care arrangements;

5. Fostering participation in extracurricular activities; and6. Teaching of reading, writing, and math skills.Other factors may be considered as important when determining primary caretaker status.

Even such things as exposure to second-hand smoke and volunterism in the child's school have been considered in a primary caretaker analysis.

While, in the past, the primary caretaker preference seemed just another way to award custody to mothers, as more and more men share parenting responsibilities, this preference does not necessarily favor mothers.

When it is apparent that both parents have equally shared parenting responsibilities, courts once again will fall back on the "best interest" standard in determining custody.
*****

By Attorney Terry Ray Bankert 810 235-1970

http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/

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Divorce Over View

2008-09-17T08:16:00.000-07:00

FAMILY RIGHTS and Divorce Overview

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Posted here by:
Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/

Articles on Divorce and lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now?Call 810 235-1970

A Family Divorce starts with the filing of divorce legally.But between the man and wife it begins much earlier.A divorce will ultimately be granted under the no fault standard. The first decisions will be when to file, where to file, whether to seek child support, custody ,alimony and other temporary relief.On the filing date one party must have resided in Michigan for at least 180 days and in Genesee County for 10 days immediately before filing. Residence means the place of a permanent home where the party intends to remain.

Residence has the same meaning for county and state purposes.Mere physical presence in the county for 10 days does not establish residence. Lehaman v Lehman, 312 Mich 102, 19 NW2d 502, (1945).

Residence means the place of a permanent home where a party intends to remain. Banfield v Banfield, 318 Mich 38. If both parties live in Michigan the party that files first will establish the case in the county they file in.(venue)

A Michigan resident who enters the military does not lose residency status because they are out of state McFadden v McFaddeen 336, Mich 557, 59 NW2d 1 (1953).

There are limitations on what may be done while a parent is on active duty.Legal ground for divorce in Michigan is when "There has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." MCL 552.6

The other spouse needs to be notified , called service, and given reasonable opportunity to retain counsel. Sometimes it takes a while for both parties to accept that they are divorcing.When there are minor children and one of the parents is incarcerated the party starting the divorce must contact the Department of Corrections to confirm the prison number and location of the party and put this in the complaint for divorce.

The caption of the petition or motion must state that a telephonic hearing is required. MCR 2.004(B). The court must issue an order requesting that the Department or facility where the party is located allow the inmate to participate in the proceeding by telephone. County jails are not included in this statute.

Most cases involve a series of scheduling and settlement events with the court. There may be a hearing on temporary issues to stabilize the family until a divorce judgement can be entered. There is a mandatory waiting period of 60 days for families without children and 6 months for families with children.

The waiting period is for the benefit of the children. In Genesee County the series of events will begin with a temporary hearing court date to stabilize children and family finances.The court will several months later set a pretrial date to resolve discovery timeliness and narrow the issues followed by a settlement conference with the judge and then trial.

The parties may settle at any time.Friend of the court mediation may be provided for custody and parenting time disputes.

The court may at any time refer a contested issue to mediation.Some local judges have an alternative dispute resolution or mediation process that they order their cases to.This is where a third party and attorney or an agency tries to resolve the issues without a trial.The legal procedure concludes with entry of a judgement of divorced.

Most cases get to this point without a trial. There is a great value in the parties settling their own issues of children and finances. Good parenting in divorce includes the ability of the parents to learn ways to negotiate their difference and show children that they are loved and secure.The final document entered with the court called a judgement of divorce.

To finalize the judgement a brief court hearing is required. Consent judgement are routinely approved.No divorce judgement may be entered without a hearing in open court at which proofs are taken.

The testimony of at least one party must establish the statutory grounds for divorce andjurisdiction.In those few cases where a trial is required entry of judgement follows a ruling by the court on the disputed issues. The parties are divorced when the judgement is signed and filed with the court.

Posted here by:
Attorney Terry Ray Bankert 810 235-1970http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.http://terrybankert.blogspot.com/

Articles on Divorce and lawyers in Flint, Genesee County Michigan USAhttp://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.htmlDo you need help now?
Call 810 235-1970

See:Michigan Family Law Benchbook Second Edition, Institute of Continuing Legal Education 2006, Chapter 1Michigan Family Law 6th Edition, Institute of Continuing Legal Education 2006

TEST 3

2008-09-17T06:20:00.001-07:00

1.
2.
3.

test 2

2008-09-17T06:19:00.001-07:00

test 2

Over View of Divorce

2008-09-17T06:14:00.000-07:00

FAMILY RIGHTS and Divorce Overview

Posted here by:
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/

The dumpmyspouse.com advertising campaign is to get your attention. I offer a divorce process designed to minimize your pain, protect your children, aggressively achieve a fair settlement of all issues. I do not advocate divorce, often the grass is not greener, but when you are at that cross roads and have to act please call for a free appointment, I will walk you through the process. Mediation services are also available.

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/
Articles on Divorce and lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/

Do you need help now?Call 810 235-1970

A Family Divorce starts with the filing of divorce legally.But between the man and wife it begins much earlier.A divorce will ultimately be granted under the no fault standard.

The first decisions will be when to file, where to file, whether to seek child support, custody ,alimony and other temporary relief.

On the filing date one party must have resided in Michigan for at least 180 days and in Genesee County for 10 days immediately before filing. Residence means the place of a permanent home where the party intends to remain.

Residence has the same meaning for county and state purposes.Mere physical presence in the county for 10 days does not establish residence. Lehaman v Lehman, 312 Mich 102, 19 NW2d 502, (1945).

Residence means the place of a permanent home where a party intends to remain. Banfield v Banfield, 318 Mich 38. If both parties live in Michigan the party that files first will establish the case in the county they file in.(venue)A Michigan resident who enters the military does not lose residency status because they are out of state McFadden v McFaddeen 336, Mich 557, 59 NW2d 1 (1953). There are limitations on what may be done while a parent is on active duty.

Legal ground for divorce in Michigan is when "There has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." MCL 552.6The other spouse needs to be notified , called service, and given reasonable opportunity to retain counsel. Sometimes it takes a while for both parties to accept that they are divorcing.

When there are minor children and one of the parents is incarcerated the party starting the divorce must contact the Department of Corrections to confirm the prison number and location of the party and put this in the complaint for divorce.

The caption of the petition or motion must state that a telephonic hearing is required. MCR 2.004(B). The court must issue an order requesting that the Department or facility where the party is located allow the inmate to participate in the proceeding by telephone.

County jails are not included in this statute.Most cases involve a series of scheduling and settlement events with the court. There may be a hearing on temporary issues to stabilize the family until a divorce judgement can be entered.

There is a mandatory waiting period of 60 days for families without children and 6 months for families with children. The waiting period is for the benefit of the children. In Genesee County the series of events will begin with a temporary hearing court date to stabilize children and family finances.

The court will several months later set a pretrial date to resolve discovery timeliness and narrow the issues followed by a settlement conference with the judge and then trial. The parties may settle at any time.Friend of the court mediation may be provided for custody and parenting time disputes. The court may at any time refer a contested issue to mediation.Some local judges have an alternative dispute resolution or mediation process that they order their cases to.

This is where a third party and attorney or an agency tries to resolve the issues without a trial.The legal procedure concludes with entry of a judgement of divorced. Most cases get to this point without a trial.

There is a great value in the parties settling their own issues of children and finances. Good parenting in divorce includes the ability of the parents to learn ways to negotiate their difference and show children that they are loved and secure.The final document entered with the court called a judgement of divorce.

To finalize the judgement a brief court hearing is required. Consent judgement are routinely approved.No divorce judgement may be entered without a hearing in open court at which proofs are taken.

The testimony of at least one party must establish the statutory grounds for divorce andjurisdiction.In those few cases where a trial is required entry of judgement follows a ruling by the court on the disputed issues.

The parties are divorced when the judgement is signed and filed with the court.

Posted here by:
By Attorney Terry Ray Bankert 810 235-1970

http://attorneybankert.com/

Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/Articles on Divorce and lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now?Call 810 235-1970

See:Michigan Family Law Benchbook Second Edition, Institute of Continuing Legal Education 2006, Chapter 1Michigan Family Law 6th Edition, Institute of Continuing Legal Education 2006