Your Family Law Advocate Blog

When the Supreme Court made its landmark decision in Obergefell v. Hodges in 2015, same-sex couples across the country gained the right to marry. But with recent shifts in the legal landscape, such as the overturning of Roe v. Wade, some are wondering if Obergefell could be next. While there is no such case on the docket as of now, it’s always a good idea to be prepared—especially when it comes to your legal rights and finances.

In the event of Obergefell being overturned, it could leave same-sex couples in states like Michigan uncertain about their legal standing ...

While we as attorneys may have personal relationships with our clients, we generally advise them in a professional capacity and maintain our focus on business. When a client is getting divorced, business and personal concerns inevitably collide as courts are called upon to make determinations about a couple’s income, liabilities, and assets, which may include a closely held, private business.

During the divorce process, questions regarding finances will inevitably come up: How will our finances work while we’re getting divorced? Who is going to pay the mortgage, credit card, daycare, school tuition? Can I pay my attorney out of a joint account? Can I still take the kids on spring break? It’s only natural when thinking about a huge life change to worry about finances. This is true even for individuals earning significant incomes and high net-worth couples. This article provides a short explanation of two tools that courts use to assist couples to help manage their finances during divorce proceedings – status quo and attorney fee contribution orders.

Foster Swift family law attorney, Gabrielle Lawrence, will be one of the presenters at the next Second Saturday workshop program held on Saturday, September 14 from 9 am - 12 pm. 

The end of summer can be a stressful time for parents, balancing careers, extracurricular schedules and other activities, all while getting their children ready for school. Add a separation or divorce from a spouse into the mix and it can be downright nightmarish.

For many couples, a spouse’s bonus is both a sign of an employer’s appreciation for the employee-spouse’s hard work and a significant portion of his or her total annual compensation. Because bonuses are often not paid out until months or years after entry of a divorce judgment, divorcing couples often ask the question – Whose bonus is it? Is a bonus part of the marital estate, divisible at settlement, or separate property, payable solely to the spouse who earned it through hard work?

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. 

Separation, and ultimately divorce in some cases, can be one of the hardest things that a couple who once shared a life together can endure. For some, the once happy memories are now replaced with hostility and contempt. But when children are involved, the one aspect more difficult than the divorce itself, is successfully co-parenting children together. How do you successfully raise children with someone who is no longer part of your life, someone whom you may have even grown to dislike? As family law attorney Jackie Dupler explains, the answer is quite simple, "You have to love your kids, more than you hate your ex!"

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.

In late August, Foster Swift welcomed attorney Jackie Dupler as a member of the firm’s Family Law Practice Group. Jackie recently sat down for a Q and A session with the firm's Business Development team to discuss her practice areas along with her perspective on being a family law attorney.

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.

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.