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Macomb County Law Blog

Addressing money paves the way for romance

Some St. Clair Shores, Michigan, couples get married and then live happily ever after. Lots of couples get married and then get a divorce. This statistical fact prompts many wise men and women to secure a premarital contract before getting married as a necessary way of preventing being financially eviscerated by divorce. A premarital contract can be very helpful for the health of a marriage by ensuring that the partner who brings less material wealth into the marriage does not have an incentive to divorce the partner who brings more material wealth into the marriage.

Additionally, premarital contracts are central to sound financial planning within the marriage, as well as for after the marriage should one partner decide to divorce the other. Premarital contracts, after all, delineate the exact material wealth that each partner brings into the marriage at its start and expects to bring in while it lasts. That information allows for factual understandings of what the future looks like for each partner while together and if they part.

Dividing a business in a divorce

Sometimes husband and wife teams can be very successful, while others can lead to great conflict. In the case of the latter, divorce proceedings may ensue.

For those co-business owners considering divorce, it is important to understand how the process will affect the company. There are a few key considerations to be aware of.

Michigan legislators do poorly in preventing drunk driving

The residents of St. Clair Shores, Michigan, want safe streets for themselves and for their families. One of the most important parts of making that happen is keeping drunk drivers off the streets so those drunk drivers don't wreck property, injure some people, kill others or wind up in criminal defense cases. After all, drunk drivers tend to be careless drivers, and they react poorly to dangerous situations, imperiling everyone around them.

Unfortunately, a review of drunk driving laws across the country by Mothers Against Drunk Driving (MADD) put Michigan laws way down in the lowest 10 percent of the country. Michigan only got 1 of 5 stars, an abysmal rating, in MADD's 2018 Campaign to Eliminate Drunk Driving Report to the Nation.

Just say no to eating and driving

The drivers of St. Clair Shores, Michigan, may do a lot of things to stay safe while out on the roads. They may put seat belts on themselves and their passengers and check everything from the tires to the windshield wipers before going out. They may also be careful, once driving, to pay attention to weather conditions, road conditions, other vehicles and pedestrians. They may even believe that they are avoiding distracted driving by not texting or calling. However, there is another form of distracted driving that leads to a lot of car accidents: eating.

Because eating is such an ubiquitous part of life, it is easy to presume that it can be successfully integrated with all other activities, including driving. One driver may shovel a large ketchup-drenched hamburger into his or her mouth while getting onto a freeway, and another driver may decide that turning onto his or her neighborhood road is a good time to feast on a nice, thick, pepperoni-covered slice of pizza.

What rights does legal custody give you?

Legal and physical custody are very different, and you may be granted custody rights in either or both areas. Physical custody is what people usually think of first, involving the children's living arrangements. So, what rights does legal custody give you?

It's all about making choices and guiding the course of the children's lives. There are many questions that parents face as their children grow and mature.

  • Where are the kids going to go to school? Do you want to put them in public school or private school? Will you use the freedom to choose a school offered in Michigan, or will you pick the closest one to the children's home?
  • What medical care do the children get? Are you going to give them vaccines? If they're injured, what types of surgeries and procedures are you willing to authorize?
  • What religion or religions should the children be exposed to? Are you interested in bringing the children up in the same religion that you follow? This is often a point of contention when two parents have different religions and both would like the children to follow theirs.
  • What type of dental care should the child get? When do you want to start going to those appointments? Are you interested in using corrective devices, like braces, despite the cost?
  • What extracurricular activities are the children allowed to participate in? For instance, would you allow your son to play football, or do you think it's too dangerous?

Doctor indicted for selling prescription drugs

Residents of St. Clair Shores, Michigan, and other parts of Michigan sincerely hope that most of their local medical practitioners are fine, upstanding people who conduct their businesses in skilled, informed and ethical ways. Unfortunately, that is not always the case, and some medical practitioners engage in conduct that is so reprehensible that they wind up needing criminal defense representation in an effort to deal with the consequences of their unprofessional actions.

That is the case with a Livonia doctor, who has been charged, along with seven others, in a drug prescription scheme involving alleged drug sales believed to total approximately $18 million. The doctor at the center of the case was named in an indictment from an interim U.S. attorney, which charges him with conspiracy and health care fraud. The doctor and his co-defendants were scheduled to appear in Detroit federal court to address the charges.

Divorce rates are highest in January

Marriages in St. Clair Shores, Michigan, start with proposals, followed by beautiful weddings and then adventurous honeymoons. Some then have decades of domestic bliss. Others, however, end acrimoniously in divorce. Nationally, 40 to 50 percent of all marriages are ended when the husband or the wife files for divorce, and until death do they part becomes until court do they part. Recent research has shown that although December is the month with the lowest rate of divorce, January is the month with the highest rate of divorce.

The two rates may be related. When one marital partner wants a divorce, and make that decision in the autumn, they may delay it through the holidays in order to avoid ruining the holidays. Yet, as the holidays happen, they may experience time with their in-laws, with that time renewing their desire to divorce.

How will criminal charges affect child custody?

Your divorce may be over, but that does not mean you will never again have to deal with divorce-related matters. Modifications to child custody, child support and alimony are possible when major life circumstances change.

One of those changes may be facing criminal charges and temporarily or permanently being in prison. This scenario will undoubtedly affect parenting time and other aspects of the divorce order in the following ways.

Stay-at-home parents should consider seeking spousal support

There are many married couples in St. Clair Shores, Michigan. Some of their marriages will end in divorce. When that happens, issues having to do with the children and the money are often of foremost concern to both the ex-husband and the ex-wife.

This can be particularly true when one of them was a stay-at-home parent during the marriage. Stay-at-home parents often wind up having diminished earning capacity, due to being out of the workforce for years while their children were young. They may be less employable, less in touch with current workplace demands, and in need of getting up to date with regards to skills in order to be positioned to make a good living on their own after the failure of the marriage.

Parenting after a breakup is challenging for many

In the modern world, including in St. Clair Shores, Michigan, the warm theory of "until death do they part" is replaced for many couples by the cold practice of "until divorce do they part". That fact leaves many couples, whose former fondness for each other has become the most distant of memories, needing to settle a range of issues. Though the division of money is the issue that gets the most attention, the one that goes straight to the heart is child custody. It affects the lives of mothers and fathers who are in the process of getting divorced, already divorced or never married. Of course, most of all, it affects the lives of children who love both of their parents and don't want to lose either of them.

In most cases, one parent will be designated the custodial parent and will have the children living with them for the majority of the time. They are responsible for the primary care of the children, including seeing to it that the children are fed, clothed, clean, healthy and happy. In principle, either of the children's parents may file for custody by submitting what is called a complaint with the circuit court of their county. They can seek an array of different custody arrangements as suits their relationships with their children and their schedule.

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