The events giving rise to a divorce and the conduct of parties during a divorce proceeding can create strong feelings among all involved parties.  Having these feelings is perfectly natural and when contained will, generally, have no bearing on your divorce or custody proceeding.  Michigan is a no-fault divorce state and there are very few reasons that a court would use the conduct of either party in real life or on-line as a basis for not ordering a truly equitable division of marital assets.

Custody, however, is not determined on a no-fault basis.  The conduct of the parties may be direct evidence utilized by the court to depart from the baseline 50/50 split of parenting time.  As an attorney, one of the first places that we will look to bolster our client’s claims in a custody proceeding is Facebook.  While a questionable post may be used as evidence for several of the 12 Best Interest Factors, in our experience most often these posts are used to show a lack of willingness and ability of a party to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.  

Where this comes up most frequently is when one parent or both are posting mean or untrue things about the other party.  We all should be frequently reminded that in spite of our best efforts to boost our privacy online, Facebook is an inherently public forum.  While you may not intend that your kids or friends and parents of your kids will read you posts, all too often they do.  Any evidence that an attorney can present that shows that you are anything but supportive of your children’s relationship with your ex will be presented and have an impact on a Judge’s decision making.

We often counsel clients to shut down their social media sites while they are going through a custody battle as little good can come of leaving them up.  If you are looking for legal counsel as you navigate the difficult road of a custody battle, give The Law Office of Mattias Johnson a call.  We will be happy to meet with you and discuss how we can help.

Nothing comes easy when a couple decides to file for a divorce.  The division of assets and debts, deciding who, if anyone, keeps the marital home, and reestablishing a new life as a single person are unenviable tasks. Nothing, however, is more difficult on a person than determining what custody arrangement is in the best interests of the children and in so doing reducing the amount of time each parent gets to spend with the little ones.  Nothing can possibly compare to seeing time with one's children divided by half, or maybe more.

Let's start off by dispelling the rumor that a mother automatically has a greater claim to the custody of her children than the father. This statement is false.  Both parents have equal rights and a baseline custody arrangement seeks equal time for both parents.  There are limited instances and factors wherein a mother’s claim may be superior, but this is certainly not the norm.

While an equal division of time is certainly the goal, getting there can be difficult and at times impossible.  What if one parent travels for work?  What if one parent moves outside of the school district that the children have been attending? What if the kids do not react well to going from home to home every week?  How much stability do the children need?  These, and countless others, are questions that must be considered in determining a custody schedule that is in the best interests of the children.  

Custody arrangements work best when the parties are able to agree and be flexible.  Being agreeable and flexible, however, when dealing with an ex or soon to be ex, is easier said than done given that there are likely some strong feelings that are leading to the separation in the first place.  If you are facing a custody battle, you need an attorney in your corner that understands your situation and will vigorously advocate on your behalf.  Custody Orders are permanent in nature and once in place are difficult to change so you need to be sure that the Order reflects your wants and needs and truly looks out for the best interests of your children.  Contact The Law Office of Mattias Johnson today so that we can help make that happen.

The decision to file for a divorce is rarely a quick decision, and it certainly shouldn’t be. The law in Michigan requires that for a divorce to be granted there must have been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. Thus, prior to filing for divorce, hopefully a couple has done everything in their power to attempt to preserve the marriage. During this time when people are trying to preserve their marriage at all costs, it may be beneficial to prepare oneself for the possibility that preservation is not possible.

We often meet with clients at this stage of their marriage and counsel on what steps can be taken to prepare for a potential divorce. The filing of a formal divorce proceeding can have a substantial impact on all facets of your everyday life, and while you may not be able to prevent these changes from coming, you should understand what these changes are and be prepared should this alternate reality become the norm by either party filing for divorce.

KNOW YOUR FINANCES: Time and again one partner in a relationship deals primarily with family finances. This person has all contact with financial institutions to an extent that the other partner may not even know what bank the family uses. In a divorce, assets and debts are equitably divided and in preparing for a these major life changes you will need to know what to expect. Will one party be able to afford a separate living arrangement during the pendency of the divorce and after? Will one party have sufficient assets to be able to retain the marital home? If the parties separate will both be able to provide for themselves and their children? Will either side likely be liable for child/spousal support?

While you may not like the answers you get, being prepared can alleviate some of the inherent stress in a divorce proceeding.

KNOW WHERE YOU WILL GO: In Michigan, couples with children under 18 years of age or younger are required to wait a minimum of 6 months from the date of filing before a Judgment of Divorce will be issued. During that time, it is often very awkward for the couple to remain living together under the same roof. If one of the parties has family nearby, that may be an option for one party’s relocation. That being said, there can be consequences to leaving the marital home and you should consult with your attorney before making such a decision.

CUSTODY DURING THE DIVORCE: Perhaps the hardest part of going through a divorce is going from seeing your little ones everyday to something less than that. Both parents are required to act in a manner that takes account of the best interests of the children, and hopefully that means splitting time evenly with the kids. There are, of course, circumstances where this setup is not in the best interests of the children or not practical and this is something that you need to consider before your case is filed with the court.

A divorce is hard enough on its own, but if you believe that a divorce may be in your future (hopefully it isn’t), you owe it to yourself and your family to sit down with an experienced family law attorney and know what is coming. Contact The Law Office of Mattias Johnson today for a free consultation and let us help you prepare for what might be coming.