Your Family Law Advocate Blog

On September 12, 2025, the Court of Appeals told us to think ahead because you do not get a “do-over” divorce.

Some couples decide to stay married and divide their lives and possessions without actually filing for divorce; this is called an action for separate maintenance when filed with the court. Since 1974, the rule for separate maintenance actions allowed re-litigating certain aspects of a court order for separate maintenance if one of the spouses decides to later file for divorce. On September 12, 2025, that law changed. Johnson v Johnson,___ Mich App ___;  ___ NW2d ___ (2025 ...

Complicated divorces are less than ideal. A business in the mix invites potential complications. 

A family-owned small business that is part of one spouse’s family fabric may even serve as revenue for more than just the divorcing couple. During a divorce, analyzing the business’ books may feel akin to analyzing the lives of the business owners and their family.

With years of experience helping clients navigate separations, our family law team at Foster Swift have put together some important things to know when it comes to divorces that involve a business. 

This blog was originally published in October 2020 and has since been updated.

Holidays traditionally mean more family time. Yet, divorce may be on your mind this holiday season, and if it is, what should you do about it? There are usually two reasons people do not want to get a divorce during the holidays. First because they do not want to “ruin the last holiday together as a family”, and second because they do not want to engage in a battle during a time intended for peace, family, and love.

If there is one thing that we have learned from the last six months, it is that the current pandemic has changed nearly all aspects of how we live our lives. One major issue that divides many is whether or not to send children back to school for in-person learning with COVID-19 continuing to surge across the country.

This blog has been updated with new information since its original publication. Due to rapidly changing laws and regulations surrounding COVID-19 matters, please consult your attorney or advisor for the latest information before taking any action.

You know that you want to see your child, but are uncertain of whether that is the right thing to do. Following the law means following orders. Co-parenting in today’s world means that orders include not only the Judge’s orders related to custody and parenting time in your case, but the Executive Orders of our Governor. Can doing what is right still mean doing something different?

You may need an attorney’s assistance to help figure out whether the answer should be “No.” Ideally, you and the other parent are able to develop a good working relationship that limits the need for Court intervention, but whether you should both ignore the Court’s Order is another matter.

Divorce releases a range of emotions including regret and sorrow, but sometimes causes feelings of enmity and vengeance. Letting your emotions run your divorce instead of careful strategic thinking can result in unintended consequences.

Family law is an area where decisions made in the heat of the moment can result in irreversible consequences. Despite apparent similarities no two cases are exactly alike and the value of skilled family law counsel is often underestimated as an absolute necessity. Without doubt, choosing the right lawyer is the first step to a fresh start.

Is there a better way to divorce? Chances are that if you are reading this blog, you are concerned by the word “divorce” and all that it implies. Any sort of upheaval in your personal life, and potentially in your business life, is less than desirable. Are there solutions that provide a better alternative to divorce?

Welcome to Your Family Law Advocate Blog. When family law is mentioned, divorce is often the first thing that comes to mind. Divorce however is only one of a number of regions that encompass this area of law.

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When a couple’s divorce is finalized, both parties receive a court document known as a “judgment of divorce” that states the provisions of the divorce. While a judgment is enforceable by law and must be followed by both parties, it is by no means absolute and can be changed given the right circumstances. As children grow older and jobs change, a judgment may need to be modified in order to accommodate for such changes. If you are in need of a post-divorce modification, attorneys at Foster Swift have the experience to walk you step-by-step through the associated legal processes and advocate for a favorable result on your behalf.

One of the most distressing issues facing you in divorce involves child custody and parenting time. Child custody disputes can quickly escalate into expensive battles (emotionally and financially) without good planning and experienced legal counsel. This lack of planning often results in painful, emotional damage to your co-parenting relationship and your children. If you find yourself caught up in a family issue that requires legal action, it is imperative that you retain the services of a strong legal team to protect your rights and secure the best resolution for your situation.

Who gets the business? How does the business impact the bottom line in dividing assets in a divorce? Are the funds from a business part of the spousal support or child support calculations? 

Are you thinking of filing for divorce? Or perhaps you were suddenly handed divorce papers and are now being pushed into ending your marriage? Whether it was your idea to divorce or not, the road ahead can have serious bumps, twists, and pitfalls—if you don’t bring a map.

Divorce is an unpleasant experience for most, but a positive attorney-client relationship can ease the burden. Thoughtful, competent representation can prepare you to thrive in your post-divorce life.