Law Offices of Jeanne M. Frazee Law Offices of Jeanne M. Frazee 2026-11-06T14:01:23Z https://www.jfrazeelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104356/2019/03/cropped-JF_site_icon-32x32.jpg On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[Do you have to leave the marital home when filing for divorce?]]> https://www.jfrazeelaw.com/?p=50458 2026-10-28T09:57:26Z 2026-10-28T09:57:26Z No one needs to leave immediately In Michigan, filing for divorce does not automatically mean either spouse has to move out of the marital home. If both names appear on the lease or deed, both of you hold equal rights to stay. You are not legally required to pack up and move out as soon as you file the paperwork. A lot of couples actually keep living in the same home while the divorce moves forward, even if it is pretty uncomfortable.

Moving out too quickly can create problems

If you leave home before really thinking it through, it can create issues that you will not see coming. For example, you could end up without access to important financial papers or personal items. While moving out does not mean you forfeit your legal equity in the property, your spouse might claim financial credits if they pay the mortgage alone or try to argue for keeping the home. Also, if children live in the home, moving out can change the temporary parenting schedule. Courts usually focus on keeping the children’s routines steady and protecting the “established custodial environment,” so leaving abruptly can alter the day-to-day arrangement in a way that may not help your case.

Why professionals worry about staying or leaving

For licensed professionals like teachers, nurses or accountants, stability can make a huge difference. Here are a few real-life things to think about:
  • Your commute: Living close to work makes it easier to stay on track, especially when life is already stressful.
  • The children's routine: Keeping them in the same home helps protect their school schedule and gives them a steadier sense of security.
  • Family privacy: Staying in your own space helps keep confidential work materials and personal information protected.
  • Work responsibilities: Licensure often comes with high expectations for consistency and a housing shake-up can add pressure you do not need.
When everything else feels up in the air, keeping things as they are can bring a much-needed sense of normalcy.

When the living situation becomes unbearable

Sometimes staying together under one roof just does not work. In those cases, you can request an "Exclusive Occupancy" order from the court. This legal tool allows one spouse to remain in the home while the other moves out temporarily. A judge evaluates the circumstances before granting this order, typically requiring a showing of severe conflict, safety concerns or disruption to the children. In urgent situations involving domestic violence, an emergency protection order can also require a spouse to leave immediately.

What you need to know moving forward

You do not have to move out right away. It really depends on the details of your situation. If safety issues, like domestic violence or threats are present, then it may change things. It is important to plan right away. Getting legal advice early can help you protect your rights, your home and your peace of mind during a tough transition.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[How youth sports schedules trigger custody disputes]]> https://www.jfrazeelaw.com/?p=50455 2026-10-05T15:28:26Z 2026-10-05T15:26:59Z Conflicts with the parenting schedule Your parenting-time order controls when your child is with each parent, and a team calendar does not override it. If you enroll your child in a sport that reduces the other parent's allotted time without an agreement, you risk a complaint about interference. That concern becomes more pressing when a standing practice or game overlaps each week. The Michigan Parenting Time Guideline is a resource published by the state court system, but it is not binding law. It advises against deliberately planning extracurricular activities to disrupt the other parent's time. Even if your order does not address sports, a judge reviewing a contempt claim determines whether you violated its existing terms without good cause.

Disagreements over transportation duties

The guideline generally recommends that the parent exercising parenting time handle transportation to practices and games. Your order controls if it assigns that task differently. Either approach is harder to manage when a travel team plays two hours away and you spend much of the weekend on the road. A judge may use the order to divide both the driving and travel costs between the parents. When pickup and drop-off terms are unclear, a late exchange after a tournament may lead to a dispute over who was responsible for the delay.

Remedies for missed parenting time

In a Friend of the Court case, you may file a written complaint when the other parent's sports scheduling denies you court-ordered time. The office may decline to act if you submit it more than 56 days after the alleged violation. If the office proceeds, its options include applying the makeup policy to replace lost time, scheduling mediation or arranging a joint meeting with both parents. If the office determines that another authorized enforcement procedure has failed to resolve the dispute, it must begin civil contempt proceedings. A judge who finds a violation without good cause must hold the parent in contempt and may order makeup time, a fine or other sanctions. The office may also petition the court to modify the order.

Requests for clearer court orders

If your order grants only “reasonable parenting time” and you disagree over particular days, you have the right to request a specific schedule. The judge must provide clear terms but does not have to adopt every detail you propose. Those provisions give the Friend of the Court a firmer basis for enforcement. If you instead seek a contested modification of an existing schedule, you must first show proper cause or a change of circumstances. You must then establish that your proposal serves your child's best interests.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[How paternity affects child support and benefits in Michigan]]> https://www.jfrazeelaw.com/?p=50452 2026-09-30T15:15:56Z 2026-09-30T15:15:56Z Your child's future can feel uncertain when you and the other parent are not married. Establishing paternity may address concerns about support, health coverage and long-term protection.

Biological and legal fatherhood

Michigan law treats a biological father and a legal father differently. Unmarried parents must take extra steps to create a legal relationship. Without those steps, a father may lack standing to seek custody or parenting time. A mother may also lack a way to enforce support. The Paternity Act sets out a court process that ends with an order of filiation.

Two ways to establish paternity

Michigan law offers more than one way to create a legal parent-child relationship. Unmarried parents in Livonia generally have two options: 
  • Affidavit of Parentage: Both parents sign a notarized form and file it with State Vital Records.
  • Court action: Either parent can file in Wayne County Circuit Court. The court may order DNA testing.
Parents who agree often choose the affidavit. A court action may fit better when they disagree.

How paternity connects to child support

Child support usually depends on legal parentage. Once paternity is established, either parent may ask the Friend of the Court to open a support case. Michigan uses a formula that may weigh both parents' incomes, overnights and childcare costs. Enforcement tools might include paycheck withholding and tax refund interception.

Benefits beyond monthly support

Legal parentage may open other protections for your child. These could include:
  • Health insurance: A parent may enroll the child in an employer plan.
  • Survivor benefits: The child may qualify for Social Security or veterans' benefits if a parent dies.
  • Inheritance: A child may have a stronger claim to a parent's estate without a will.
  • Medical history: Doctors can use family health records to spot hereditary risks.
These protections can matter most during a crisis. Eligibility rules vary by program.

Protecting your child's long-term stability

Paternity can shape support, benefits, inheritance and medical care for your child. You can establish it by affidavit or through the court. This matters because these protections may last well into adulthood. Paternity can also affect custody and support issues in your case. If your situation becomes more complicated, an attorney can help you understand your options.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[4 factors co-parents must consider when creating a parenting plan]]> https://www.jfrazeelaw.com/?p=50450 2026-09-30T10:34:20Z 2026-09-30T10:34:20Z Transitioning into a co-parenting dynamic is rarely simple. In fact, putting your family's daily routine into a legally binding document can feel overwhelming. But a parenting plan is more than a court requirement. It serves as a framework for your children's stability and your peace of mind. The good news is that a well-crafted plan makes the entire process far more manageable.

What is a parenting plan?

A parenting plan is a formal written agreement between you and your co-parent. It outlines how you will raise your children after divorce. A comprehensive plan usually addresses schedules, decision-making, communication and finances. With a clear plan in place, you can give your children the structure they need to thrive. Here are four important factors to consider when drafting one.

Daily schedules and living arrangements

The first factor to address is your child's daily schedule and living arrangements. Stipulate exact days and times for exchanges between households. You should also plan for holidays, school breaks and special events. Decide which household your children will stay in during those occasions. A detailed schedule helps your children feel secure and gives both parents clear expectations.

Decision-making authority for your children

Once you establish the schedule, the next factor to think about is decision-making authority. Your plan should specify who handles choices about school selection, medical care and extracurricular activities. You can share this responsibility equally or assign it to one parent. Either way, documenting these decisions in writing prevents conflicts later on.

Coparent communication guidelines

Once you define the decision-making roles, consider how you and your co-parent will communicate. Effective communication significantly shapes your children's experience at home. Agree on how you will share school reports and medical updates. Commit to avoiding arguments or criticism of each other in front of your children. You can also establish protocols for how your child contacts the other parent during visits.

Financial responsibilities and child expenses

Alongside communication, financial responsibilities make up another key factor in your plan. Your plan should outline how you will handle child-rearing expenses. This includes child support, school fees, medical costs and holiday gifts. Decide how you will allocate costs and track expenses together. A clear financial agreement reduces stress for both parents.

Build a plan that works for your family

Once you address all four factors, you will have a stronger foundation for co-parenting in Michigan. A thoughtful parenting plan provides your children with consistency and gives you peace of mind. Every family's circumstances are unique and some agreements can grow more complex than others. This is why having the right guidance during this process can make a meaningful difference in how your plan holds up over time. The goal is to craft an agreement that serves your family's needs, now and in the years ahead.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[Can you sell property while your divorce is pending?]]> https://www.jfrazeelaw.com/?p=50433 2026-08-27T16:56:45Z 2026-08-27T16:56:45Z When a sale may require agreement Michigan generally treats property you acquire during marriage as marital property. The court considers that property when dividing assets in the divorce, even if only one spouse’s name appears on the title. If both of your names appear on the title, you usually cannot sell the entire asset without your spouse taking part. For real estate, both owners may have to sign the documents needed to complete the sale. A court order may also restrict either spouse from selling or transferring property while the divorce is pending. If you and your spouse cannot agree on a proposed sale, the court may decide what happens to the asset.

What happens to the proceeds

Selling marital property does not remove its value from the divorce. The funds from the sale may remain part of what the court divides. For example, you and your spouse could agree to sell a marital home before the case ends and hold the net proceeds until you settle the property issues. If you cannot agree, the court may set terms for how you hold or use those funds. Closing papers can show the sale price and the amount left after paying costs tied to the sale. Those records can help account for the proceeds when the court divides property.

Reviewing the property before a sale

You may want to review the deed or title and any current court orders before taking steps to sell a major asset. Consider gathering records that show its current value and any debt tied to it. Keeping those documents together can help you address the property issues in your divorce.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[Is it possible to dismiss a Michigan divorce after filing?]]> https://www.jfrazeelaw.com/?p=50428 2026-07-30T12:11:17Z 2026-07-30T12:11:17Z Options for a pending divorce Michigan law provides three routes for dismissing a divorce case before final judgment. Each applies under different circumstances:
  • Notice: You may proceed without your spouse’s consent if they have not served you with an answer or a motion for summary disposition.
  • Stipulation: You and your spouse can sign this document when you both agree to end the case. No court order is required.
  • Court order: You must seek judicial approval once the notice is no longer available and your spouse will not sign a stipulation.
Before a notice or stipulation takes effect, you must pay any required court costs. You submit the completed document to the circuit court handling the divorce.

Restrictions after service of a response

Your ability to use a notice ends when your spouse serves an answer or a motion for summary disposition. After that point, you must obtain either a signed stipulation or a court order. A counterclaim may keep the case open even when you seek to withdraw your complaint. If your spouse files one before receiving your motion to dismiss, the judge cannot grant dismissal over their objection unless the remaining request can proceed separately. Once the court enters the final divorce order, voluntary dismissal is no longer the proper procedure because the ruling has resolved the pending claims. Challenging the result requires an appropriate motion or appeal. Each procedure has separate filing requirements and deadlines.

Effects of ending the case

A voluntary dismissal in Michigan is generally without prejudice, so it does not bar you from bringing the same claim in the future. If the notice, stipulation or court order closes the case with prejudice, however, that option is no longer available. If you decide to pursue a divorce again, you must begin a separate action. This means submitting another complaint, serving your spouse and completing the applicable waiting period before the court can enter a judgment.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[Tips for navigating the first weeks of divorce]]> https://www.jfrazeelaw.com/?p=50421 2026-07-07T14:22:04Z 2026-07-07T14:21:45Z Take a financial snapshot The simple reality is that financial obligations do not pause just because a divorce is pending. Mortgage payments, car insurance and utility bills still come due, and managing these costs is essential to keeping your life stable. Some steps you can take include:
  • Making a list of every monthly bill and the upcoming due dates
  • Keeping clear records of which spouse is paying for specific household costs
  • Gathering your recent bank statements to see exactly where your money goes
Getting these routine obligations in order can be crucial in ensuring bills still get paid, and this information can be helpful if you need temporary support orders.

Protect your personal data

Privacy can be powerful during significant life events. You can protect yourself and your information from unwanted attention or access by securing personal and private information. For instance, you may want to:
  • Create a new, private email address for all legal and financial communication
  • Update passwords for your personal social media accounts and cloud storage
  • Be mindful of what you share online, as digital posts can be used as evidence
  • Removing smart home devices from your space that your spouse may have access to
Setting these boundaries early creates a safe space for you to manage your affairs without outside interference.

Focus on the needs of your children

While you may be experiencing a tremendous shift in finances and living situations, you can shield your child from some of this upheaval. Keeping their daily routine consistent is one of the most effective ways to support them as the family dynamic changes.
  • Maintain regular schedules for school, sports and time with friends
  • Keep adult conversations about the divorce private and away from the children
  • Commit to co-parenting as respectfully and cooperatively as possible
Providing this level of stability helps children feel safe and supported during a time of change. The first month of a divorce is about building a foundation of clarity and calm. By taking these methodical steps, you can protect yourself and your family’s well-being.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[How QDROs protect 401(k)s during a Michigan divorce]]> https://www.jfrazeelaw.com/?p=50407 2026-07-02T14:16:47Z 2026-06-24T20:11:20Z What are the potential risks? Spouses generally need to address the amount of retirement savings accrued during the marriage, even if only one spouse has their name on the account. They can use the account balance to offset other property division terms. They can also agree to split the account in a specific manner. A judge could also order the division of retirement savings accounts in a litigated case. When dividing the account is necessary, spouses may be at risk of income tax consequences. They typically need to report the amount withdrawn as income, which could push them into a higher tax bracket and leave them with a bill due when they file their annual return. They may also be responsible for covering a 10% penalty calculated based on the amount withdrawn from the account.

How does a QDRO help?

When properly drafted and filed with the right parties, a QDRO facilitates a penalty-free division of a retirement savings account or pension. An attorney drafts the QDRO after the courts approve a final property division decree. The terms included in the QDRO must mirror the arrangements for the account outlined in the property division order. Both spouses must sign the QDRO. They must submit the document to the courts for review and approval. Finally, the document goes to the business or professional managing the account. The QDRO orders the withdrawal of a specific percentage of the account balance, which then becomes funding for a new account in the name of the recipient spouse. If neither spouse makes a pre-retirement withdrawal after submitting the QDRO and splitting the account, the spouses do not need to worry about income tax consequences or penalties. An attorney's assistance is important when addressing high-value resources and taking steps to avoid financial complications during a divorce, given all that is at stake. Working with a lawyer makes it easier to address retirement accounts and avoid secondary financial consequences during a Michigan divorce.  ]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[When can a child custody order be modified in Michigan?]]> https://www.jfrazeelaw.com/?p=50396 2026-06-05T09:25:21Z 2026-06-05T09:25:21Z Courts in Michigan do not change custody orders lightly. Knowing the legal standard can help you decide whether your situation is strong enough to pursue.

The legal threshold you must meet

Under MCL 722.27(1)(c), a court may only modify an existing custody order if you prove proper cause or a change of circumstances. This requirement prevents courts from revisiting settled arrangements over routine disagreements. Both grounds must connect to at least one of the 12 best interests of the child factors.

What qualifies as a significant change

Not every shift in family life meets the standard. Courts look for changes that have had, or could have, a real effect on your child's well-being. These are the most common qualifying reasons:
  • Relocation: A parent moves far enough away to make the current parenting schedule unworkable.
  • Safety concerns: Evidence of domestic violence, substance abuse or neglect.
  • Health or capacity issues: A parent develops a condition that limits their ability to care for the child.
  • Evolving child needs: A child develops new medical or educational needs the current order cannot address.
A parent's financial difficulty alone does not qualify if child support adjustments could resolve it.

The established custodial environment standard

If your child has an established custodial environment (ECE) with the other parent, the burden on you rises. An ECE exists when a child has lived with a parent long enough to rely on them for stability and daily care. You must then prove by clear and convincing evidence that a modification serves the child's best interests. Without an ECE, a preponderance of evidence is enough.

How to file a modification motion

Even if both parents agree to a new arrangement, the current order stays in effect until a judge signs a new one. You must file a Motion Regarding Custody through the Michigan One Court of Justice website. The court charges a filing fee, but you may qualify for a waiver if you cannot afford it.

Next steps in your custody case

Modification cases are fact-intensive. An attorney can help you assess whether your situation meets the proper cause or change of circumstances standard. ]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[A co-parent’s guide to post-divorce shared custody]]> https://www.jfrazeelaw.com/?p=50393 2026-05-16T20:19:02Z 2026-05-21T20:17:27Z Custody decisions prioritize the children's best interests Parents in Michigan can reach a custody arrangement through direct negotiations or mediation with one another. Parents who pursue uncontested custody orders establish their own terms that the courts simply review and approve. If parents do not agree on how to divide parenting time or other important custody terms, then they must litigate in court. During custody litigation, a judge focuses on the best interests of the children. Unless there is evidence affirming that the children may be at risk if left in the care of one parent due to addiction, abuse or other serious issues, shared parenting time and legal authority are standard. The exact division of parental rights and responsibilities depends on family circumstances and a judge’s perception of the situation.

The responsibilities of parents who share custody

Parents who share custody have an obligation to uphold the terms outlined in a custody order. The failure to do so could leave them at risk of enforcement actions or accusations of contempt of court. The other parent could also petition the courts for a custody modification. Parents generally need to show up on time for custody exchanges, communicate in advance when issues arise, allow for makeup parenting time if they must cancel one another's time with the children and share information about the children that is relevant to their shared custody arrangement. Disputes between parents, including issues with unpaid child support, do not justify the cancellation of parenting time.

Resources for parents who share custody

There are many tools and resources that can be helpful for Michigan parents who share custody of children. Many parents still adjusting to the new arrangement during and after a divorce use parenting apps to communicate in writing. Written communication can help keep the dynamic between parents as amicable as possible and allows for better organization when parents make adjustments to the custody schedule. Parents also have access to the friend of the court. The Friend of the Court (FOC) can assist with child support assessments and enforcement. In cases where there are concerns about the well-being of children, the Friend of the Court can also serve as an advocate for children. They can also provide dispute resolution services. Legal representation is valuable when preparing for divorce and shared custody. Discussing custody priorities and concerns with an attorney can help parents understand their rights and how the courts address various custody issues.]]>