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Attorney Akiva Goldman explains that responsibility for debt in a Michigan divorce depends on when the debt was incurred rather than whose name is on the account. Most debts acquired during the marriage for the benefit of the family are considered marital and are typically divided equally between both parties.

• Timing Over Titles: The key factor in dividing debt is whether it was incurred during the marriage, regardless of which spouse's name is on the contract.

• Marital Benefit Rule: Debts used for household improvements, family vehicles, or daily needs are generally split 50/50 as joint marital debt.

• Creditor Reality: Banks are not parties to your divorce; they will continue to hold the person who signed the contract responsible for the full amount even if a judge orders your ex to pay.

• Joint Account Liability: If a debt is in both names, creditors can pursue either or both parties for the entire balance regardless of the court's allocation of "ownership."

• Conduct-Based Exceptions: Courts may assign debt solely to one spouse if the spending did not benefit the marriage, such as expenses related to an extramarital affair.

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Unmarried fathers do not automatically share the same legal presumptions as married parents and typically require a court order to secure their parenting rights. Attorney Akiva Goldman explains that Michigan courts must often intervene through a formal petition to ensure a father's rights are protected and enforceable.

• Unmarried fathers lack the automatic legal presumption of equal parenting rights granted to married couples. • A formal court order is usually necessary for a father to establish and protect his parental standing. • While informal or voluntary agreements are possible, they are not legally binding without a judge's order. • Significant life changes, such as a mother's new relationship, can lead to disputes that require court enforcement. • Filing an appropriate motion allows the court to provide remedies and resolve schedule conflicts fairly.

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Establishing paternity is a critical legal process that secures a child's future and defines parental rights regarding custody and support. Attorney Akiva Goldman explains that Michigan courts utilize highly accurate genetic testing and formal petitions to transition from parental disputes to settled legal orders.

• Paternity can be established voluntarily via an Acknowledgement of Parentage or through court-ordered DNA testing that offers 99.9% accuracy. • A "DP" case, or a petition to determine paternity, is the formal legal procedure used to resolve identity disputes in court. • Legal recognition of the father is the necessary prerequisite for determining custody and specific parenting time schedules. • Even if a mother has primary custody in a non-marital union, a legally recognized father is entitled to visitation rights. • Once paternity is confirmed, the father becomes responsible for child support, which may include reimbursing the state for prior public assistance.

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Hiding assets is a major issue in divorces where one spouse lacks knowledge of the family's financial state. Attorney Akiva Goldman explains how to identify red flags like secret accounts and unexplained spending to ensure a fair division of property.

• Unexplained spending on luxury items, casinos, or fancy cars often suggests the existence of hidden income sources. • Tax returns serve as a vital map for finding secret bank accounts because earned interest must be reported to the IRS. • Sudden lifestyle changes after a separation are a strong hallmark that a spouse is utilizing undisclosed funds. • Missing financial documents or bank statements that were previously available indicate a deliberate attempt to conceal assets. • Courts require full disclosure of all assets, and any reluctance to share information is viewed in a very dim light by judges.

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Deciding what happens to the marital home is a critical part of the divorce process, often involving a choice between selling the property or arranging a buyout. Attorney Akiva Goldman explains the common ways Michigan couples divide home equity, including the use of other assets like retirement accounts to reach a fair settlement.

• Most marital homes are divided 50/50, which frequently requires selling the house and splitting the proceeds after the mortgage is paid. • One spouse may keep the house by buying out the other's interest, often through refinancing the mortgage to provide the necessary cash. • Equity can be balanced without cash by trading other assets, such as giving a spouse a larger share of a 401k or brokerage account. • Couples may agree to keep the house jointly owned for a temporary period to provide stability for children until they finish school. • A spouse who pays the full mortgage during the divorce process may be entitled to a credit for those extra contributions when the home is eventually sold.

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In this episode, Attorney Akiva Goldman addresses whether children can be forced to visit a parent accused of physical abuse, emphasizing that the court prioritizes safety but requires concrete proof to alter parenting time. While the law takes abuse seriously, judges must find a legal basis through evidence before they can stop or supervise visitation.

• The court's primary concern is always the safety of the child, and any proven abuse is taken very seriously. • Allegations alone are not enough; you must provide proof like videos, emails, texts, or testimony to establish facts. • Being nasty or abusive to a spouse does not automatically mean the court will terminate parenting time with the children. • A judge may order supervised parenting time as a middle ground to ensure child safety while maintaining the parental bond. • The final decision regarding visitation rights belongs solely to the court, not to the individual parents.

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Attorney Akiva Goldman explains the distinction between physical and legal custody in Michigan, focusing on where the child lives and how daily routines are managed. This guide helps parents understand the practical aspects of housing and overnight schedules during a custody case.

• Physical custody focuses on the practical daily care of the child and where they sleep at night. • Legal custody is a separate concept that addresses major decision-making authority for school, medical, and religious choices. • Joint physical custody can be structured through various schedules, such as alternating weeks or split-week paradigms. • It is common for parents to share joint legal custody even if the child primarily resides with only one parent. • Court orders often maintain shared decision-making power even when one parent is disappointed by the living arrangement.

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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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