Considering divorce? Here's 8 women sharing their stories

" I never wanted to get divorced. I had moments of clarity, but I shut them down. I mean, I remember one time telling my coworker who got a bouquet of flowers that that was so wonderful. She asked if I had gotten anything and I said no, but that my husband was so wonderful, every day. I didn’t mind . . . ."

Article here (from fatherly.com)

On this day: California passed the nation's first "no-fault" divorce law

California's legislature, in 1969, passed the first "no fault" divorce law in the US, allegedly on today's date.

Prior to that, a person seeking a divorce in any US state had to prove "grounds" for the divorce, such as cruelty, abandonment, or infidelity, as reasons why the court could grant the divorce. Further, a defending spouse (the one who was being "sued" for divorce) could defend - say in his or her pleadings that no, there wasn't any cruelty, abandonment, or infidelity, and the court would possibly not grant the divorce.



Michigan law has its statute written this way: the party seeking a divorce has to allege in his or her initial complaint that there is "a breakdown in the marriage relationship to the extent that the objects of the marriage have been destroyed, and that there is no reasonable likelihood" that the parties would reconcile. MCL 552.6

Summer parenting time, and requesting to change schools - Q: I may need legal help, my ex wife won't follow the court order

Q: My ex keeps changing the summer schedule on me, and now she is asking to change next year, for the school district our kids are enrolled in, what should I do? 

A:You really have two questions here, first on the summer parenting time, and the second is change of schools. 
First:
 If you have a court order that summarizes when and where parenting time should take place in the summer months, both of you have to follow it.

However, if you and she have had a verbal agreement, where each of you agrees to what to do with the kids in the summer, it might be hard to say "she's violating the order," since there is no specific times - in writing - that you can show she hasn't done.

Sad to  say, it would have been better to get everything settled in advance of when summer time came, but I understand that sometimes this is hard to do, since camps have waiting lists, day care has staff changes, etc., during the summer months. The best thing is to keep in communication with her, the camp, the day care, etc., as the summer is being planned -- that way no unpleasant surprises are waiting for anyone.

Second:
Change of schools is a whole different issue. Most parents who share custody of children share legal custody of the children. These are the decisions in a child's life such as: where to attend school, where and when to go to church (if you do attend church), medical care, and other issues where it is important for the parents to agree.

In other words, one parent typically can't unilaterally decide that the children will change schools. 

It could be that your judgment of divorce (or custody) states what school district the children are to attend. But if it  doesn't, you should get separate legal advice on this issue to see if you need a motion to help decide the proper school district.

There is a good bit of case law on this issue - so again - I suggest you have an attorney review your current orders, and facts to help you. 

Incapacitated individuals and family law: who can file for divorce?

Q: Can a guardian or conservator file for divorce on behalf of an incapacitated individual?

A: Yes. 

The Michigan Court of Appeals has recently ruled on this issue. See In Re: Burnett Estate,

834 NW 2d 93 - Mich: Court of Appeals 2013.

If an individual becomes incapacitated, it's likely that he or she will then have a person acting for him or her. It could be a conservator -- who's in control of his or her finances, or a guardian -- who's in control of his or her personal decisions (like where to live, what doctors to see, etc.). 

That guardian or conservator -- whether appointed by a court or selected through another method-- is allowed under Michigan law to file suit, and be sued on the incapacitated individual's behalf. (See Michigan Court Rules 3.202 (A) and 2.201 (E)). Under the Burnett case, that includes a suit for divorce (and, presumably custody). 

In the Burnett case, a divorce was filed by the conservators of the Plaintiff. The Defendant later motioned the court for summary judgment, asking for the circuit court judge to dismiss the action, based on the case being filed by a conservator.

The circuit court dismissed the summary judgment motion, saying a conservator does have authority to file on behalf of an incapacitated individual. Other issues existed in the case. But once the case was decided, the Defendant appealed on multiple grounds, including the grounds that the conservator should not have been allowed to file, and that the circuit court should have granted the summary judgment motion.

The Court of Appeals disagreed with this ground of Defendant's appeal, and interpreted the Court Rules to allow for a divorce to be filed by a conservator or guardian.

"Had the legislature intended to prohibit an action by a guardian on behalf of a spouse, it could have expressly said so in the language of [the statute]." Burnett, at 97.

Have more questions about family law or estate planning (or the inter-twining of the two)? Ask me! Post your comments or questions on this blog.