The Do’s And Don’ts Of Divorce
The many details of divorce can leave many people with a lot of questions. The attorneys at Rebeck & Allen have collected some of the most common questions we help clients with for your reference:
Can I change spousal support payments?
Courts calculate spousal support agreements from a variety of factors, including:
- The ability to pay support
- The need to receive support
- The length of the marriage
- Both spouses’ standard of living
- Each spouse’s income
Since many of these factors are subject to change for either spouse, you can petition to modify your spousal support agreement.
My spouse is getting remarried. Do I still have to pay spousal support?
The short answer is yes.
In Michigan, spousal support agreements usually include an end date. If your spouse remarries before that end date, it is very likely you will still have to pay alimony.
However, it is possible to modify your support agreement based on their new situation.
Should I move out of the house?
Every divorce is different. Whether you should move out or not can be a complicated matter that entirely depends on your situation.
If there are any accusations of domestic violence during the divorce, there may be restraining orders involved that prohibit contact with your spouse.
However, if there is no case of domestic violence, you have a right to stay in your home. At Rebeck & Allen, we will uphold your rights throughout the divorce process.
Can my ex-spouse and I live together?
It is best not to live with your spouse until the divorce is final. Living separately during the divorce process can help:
- Protect your individual rights
- Control the high emotions in the situation
- Speed up the divorce process
Can I request full custody of my child?
This is another circumstance that depends on your situation. You can request full custody, but the court still must evaluate many factors when deciding custody, including:
- Parenting styles
- How long each parent works
- How long each parent spends with children
- Financial support each parent provides
- History of domestic violence
It is important to note that courts always try to determine custody in the best interest of the child.
Can I take my children out of the country?
It is not a good idea to take your children out of the Greater Detroit area when you are going through a divorce. To avoid possible accusations of kidnapping, it is better if your children remain in the general area before the divorce is finalized.
Does my ex-spouse get half my 401K?
It is possible. The division of a 401K depends on several factors, including:
- The length of the marriage
- The value of the 401K
- The age of both spouses
The attorneys at Rebeck & Allen combine their family and tax law skills to guide divorcing spouses through the tax implications of property division.
Who gets inheritance when the divorce is finalized?
Inheritance is considered marital property, so it will be divided in a divorce. However, Michigan is an equitable distribution state. The attorneys at Rebeck & Allen will work for the fair division of any inheritance.
How do I find hidden assets?
Hiring the skilled lawyers at Rebeck & Allen can help you find any hidden assets during your divorce. With the combined tax and family law experience of our attorneys, we can guide you through a forensic review to examine your circumstances.
We Are Here To Answer All Your Questions
At Rebeck & Allen, we are always here to support you through your divorce and answer all your questions. You do not have to go through this alone. Call 248-636-4232 or contact us online to schedule a consultation at our Southfield offices.