Mothers’ Rights Attorney in Birmingham, Michigan

Maybe. The critical question is, what was the debt for?

If his credit card debt includes substantial charges for items that did not benefit you or the family (i.e., his trip to Vegas with his pals, his down payment on the Harley Davidson that he's keeping), then you probably will not be responsible.

For most other charges (i.e., food, gasoline, home or auto repairs, etc.), they are considered marital debts and will be apportioned equitably, though not necessarily equally.

Generally speaking, the debt follows the asset, so if you are awarded the car, you assume the debt on that car. It is also a good idea to obtain your credit report to make sure you are aware of all outstanding debt in your name.

Unless there is domestic violence and/or property damage, or the immediate threat of violence, it is not a good idea to move out of the home with the minor children without having a court order in place to give you the right to take the children from the home.

If you take your children from the home, the father could seek relief from the court by obtaining an order for their immediate return.

The courts look poorly on a parent who does not encourage and foster a good relationship with the other parent. This type of conduct may hurt your ability to obtain custody if a custody battle ensues.

Generally speaking, it is best to talk to an attorney before removing the children from the marital home, unless there is an immediate threat of violence.

You can increase the probability that all of the assets are disclosed by engaging in the discovery process. Parties in a divorce action have the right to engage in the process of discovery to determine all relevant facts regarding assets and liabilities, including possible hidden assets or liabilities.

The most common types of discovery are interrogatories, requests to produce, requests to admit, subpoenas, and depositions. Should one party fail to disclose assets to the other during the discovery process and such assets are discovered subsequent to the divorce, under Michigan law, the family court has the discretion to order the party who failed to disclose assets to forfeit all or part of those assets to the other party and pay the other party's attorney fees and investigative fees in locating the undisclosed assets.

No. It is important for you to have representation during the divorce or family law process.

A mediator, as a neutral party, cannot advise you as to whether you are entering into a fair and equitable settlement. Further, the mediator cannot act as your advocate.

Therefore, you run the risk of entering into a settlement without any advice as to whether the settlement is in your best interest.

It is important to establish your own credit, and we would suggest you open your own charge card to aid in paying for your divorce.

Other possibilities are acquiring a personal loan and/or borrowing money from friends or family.

Whichever direction you choose, we could then request that your husband reimburse you for some or all of the debt that you acquired in paying for your legal fees.

Alternatively and depending on the facts of your case, a motion can be filed for him to pay for some or all of your attorney fees. The court would then hear our argument and rule as to whether your husband should pay for your fees. Remember, there is no guarantee that a judge would award fees.

It is the court's general opinion that it is in the child's best interest to have a good relationship with both parents.

Without meeting with a client one-on-one, it is impossible to know the likelihood that a parent may be granted sole or joint physical custody. It is best to meet with one of our family law and divorce attorneys for an initial consultation. Most custody and parenting time issues can be resolved without the need for the court to make a ruling. That being said, the court, if called upon to do so, looks at many factors when deciding custody and parenting time, also known as "the best interest factors."

Your health care coverage that is provided through your spouse's employment stops when your divorce is final.

Ongoing coverage for you may be available under COBRA (a federal law that makes health care insurance portable, in some situations).

Michigan statutes require the court to order one or both parties to maintain health care coverage for the child if available as a benefit of employment or at a reasonable cost.

Both parents must keep the friend of the court apprised of the availability of a health care plan and must notify the friend of the court of any changes regarding that plan.

Unmarried cohabitants are not entitled to the same rights as married parties regarding property acquired during the period of cohabitation. A cohabitation agreement can establish the right and duties of the parties regarding their earnings and property during and after cohabitation.

Cohabiting parties may also want to consider estate planning and a medical care power of attorney in addition to a cohabitation agreement.

An attorney can only ethically represent one party in a divorce action. The attorney can only give legal advice to the party with whom he has an attorney-client relationship. Therefore, the other party has no legal representation and no legal advice in the divorce action.