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Michigan is a no-fault divorce state, which means you do not need to prove misconduct like adultery to end your marriage. This legal framework focuses on the breakdown of the relationship rather than assigning blame, allowing families to resolve their cases with less conflict.

• Michigan law does not require proof of fault; you only need to state that the marriage has broken down.

• The no-fault system significantly reduces emotional drama by removing the need for mudslinging in court.

• Avoiding the need to prove adultery serves as a major cost-saving mechanism for legal fees.

• Removing the "blame game" encourages higher cooperation when dividing property and debts.

• While fault isn't needed for the divorce itself, it may still be a factor in property division and support.

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Attorney Akiva Goldman explains how an inheritance received during marriage is initially separate property but can become a marital asset through commingling or family use. This discussion clarifies the steps needed to keep these assets protected and the risks of using inherited funds for household purchases.

• An inheritance is generally considered separate property when it is first received by one spouse. • Commingling inherited funds into joint accounts can cause them to lose their separate property status. • Using inheritance money to pay off a marital mortgage or buy family furniture often converts it into a marital asset. • Maintaining a clear paper trail and separate accounts is vital to proving the asset was never intended for the marriage. • Courts have the discretion to divide inherited property if it has been converted through family use or lack of documentation.

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Attorney Akiva Goldman explains how a house owned before marriage is typically viewed as separate property, though certain actions like co-mingling or adding a spouse to the deed can change its legal status. He details how the court looks at passive market growth versus active improvements when deciding how to divide a home's value.

• A house owned prior to marriage is generally considered separate property if it is kept separate and not co-mingled. • Adding a spouse to the property deed is legally viewed as making a gift to the marriage, giving them an equal interest. • Passive appreciation due to market changes is often considered marital growth and may be subject to division. • Active improvements, such as "sweat equity" or renovations paid with marital funds, can shift the home's value into the marital estate. • Michigan divorce courts operate as courts of equity and have the discretion to divide property based on the specific fairness of the circumstances.

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Attorney Akiva Goldman explains the legal process and consequences when a man denies paternity in Michigan. The court utilizes DNA testing and evidentiary hearings to establish biological parentage and determine the associated rights and responsibilities.

• The court will order DNA swabbing and lab testing to scientifically rule a father in or out of paternity. • A legal ruling of paternity often results in a court order to pay child support. • Establishing paternity grants the father the legal right to seek parenting time and build a relationship with the child. • Michigan courts typically accept a 99% probability match from lab results as definitive proof of biological parentage. • Continuing to deny paternity despite scientific evidence and relationship testimony can negatively impact how the court views the father.

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Deciding where a child lives is a major legal choice handled by the court rather than the child themselves. Attorney Akiva Goldman explains that while a child's preference is a factor, Michigan judges must prioritize the child's best interests and protect them from parental pressure.

• A child does not have the legal right to choose their living situation any more than they can choose to skip school. • There is no "magic age" in Michigan that gives a child the final say in a custody arrangement. • Judges evaluate the maturity and discretion of the child before taking their preference into account. • The court investigates the reasons behind a child's wish to ensure they aren't being influenced by bribes or a lack of rules. • The judge acts as a shield to protect children from the stress of being forced to express a preference between parents.

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Michigan law provides an alternative to divorce called separate maintenance, which allows couples to legally divide their assets and resolve custody issues while remaining married. This path is often utilized for religious reasons or to preserve specific benefits that would be lost upon a total dissolution of marriage.

• Separate maintenance involves the same comprehensive legal process as a divorce, including the division of property, debts, and child custody. • Unlike a divorce, a judgment of separate maintenance does not break the bond of matrimony, meaning the parties remain legally married. • Many individuals choose this option due to religious or moral objections to divorce or to maintain access to health insurance and other benefits. • Some modern insurance policies now treat legal separation as a terminating event for coverage, so it is vital to verify specific policy terms. • Because the marriage is not legally ended, either party must still file a formal petition for divorce if they ever intend to remarry in the future.

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Attorney Akiva Goldman explains that while Michigan is a no-fault divorce state, misconduct such as infidelity or asset wasting can still significantly influence property division, alimony, and child custody. This episode explores how specific fault factors act as a "deviation factor" in the eyes of the court to determine a fair and equitable outcome.

• Michigan allows parties to get a divorce regardless of fault as long as the court finds the marriage cannot be preserved. • Fault acts as a factor in property division, potentially shifting a standard 50-50 split to a 55-45 or 60-40 distribution. • Financial misconduct, such as gambling or the dissipation of marital assets, can directly impact alimony awards. • Moral fitness is one of the 12 best interest factors for custody, meaning personal fault can influence where children live. • While fault causes deviations in financial settlements, extreme splits like 80-20 are rarely seen in Michigan courts.

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Attorney Akiva Goldman explains that Michigan law prevents one spouse from holding another hostage in a marriage, allowing a divorce to proceed even without the other party's signature or consent. By utilizing default judgments and proper service of process, individuals can successfully finalize their divorce when a spouse refuses to participate.

• A divorce can be granted in Michigan even if your spouse refuses to sign the papers or objects to the proceedings. • The legal focus is on the breakdown of the marriage bond rather than the mutual consent of both parties. • If a spouse fails to respond within the required timeframe after being served, the court has the power to enter a judgment by default. • Service of process is the most critical element, as it provides legal proof that the other party had notice and an opportunity to be heard. • Following court rules regarding proof of service and waiting periods ensures that one person is not stuck in a marriage they no longer want.

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Understanding legal entitlements during a divorce is crucial for ensuring a fair division of property and support. Attorney Akiva Goldman explains that Michigan law categorizes these entitlements into three main areas: support, benefits, and the division of marital property.

• Marital property, which includes assets accumulated during the marriage, is typically divided equitably between both spouses. • Spousal support may be part of the settlement depending on various factors like income disparity and length of the marriage. • Retirement assets, such as 401ks and pensions, are subject to valuation and division even if they are not yet being collected. • Custodial parents are entitled to child support to help cover the extra expenses associated with children living with them full-time. • Provisions in Michigan and federal law, such as COBRA, allow an ex-spouse to maintain health insurance for up to 36 months.

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Divorce is often seen as an emotional crisis, but it is legally a business liquidation that requires a professional and objective approach. Attorney Akiva Goldman highlights how letting emotions dictate your strategy can lead to significant financial loss and a damaged reputation in court.

• A divorce should be treated as a business situation involving the winding up of a marriage and the liquidation of marital assets and debts. • Letting emotions guide the process is a huge mistake that leads to wasting thousands of dollars in attorney fees on minor, replaceable items. • Oversharing your daily life on social media can make you look unstable and negatively impact the court's view of your judgment. • Hiding assets is a critical error that destroys your credibility and often results in the court awarding those assets to the other party. • Ignoring professional legal advice regarding which battles to fight is one of the most common and costly mistakes people make.

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