Law Offices of Jeanne M. Frazee Law Offices of Jeanne M. Frazee 2026-08-27T16:56:45Z 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[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.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[Managing shared summer custody by avoiding common pitfalls]]> https://www.jfrazeelaw.com/?p=50391 2026-05-26T16:53:32Z 2026-05-16T14:27:25Z Childcare disputes When children are home all day without school, parents may require child care services. Disputes about what providers parents use are common, especially when one parent intends to rely on family members, friends or a new romantic partner to watch the children while they work. Parents may need to have standards in place for child care to avoid unsafe scenarios. They may also want to add the first right of refusal to the custody order so that they can take the time when the other parent isn’t with the children.

Conflicts related to vacation

Traveling with the children can be a way to bond and heal after the chaos of a divorce. Michigan generally allows both parents to travel during their scheduled parenting time. They can travel within the state or even leave the state, provided that doing so does not disrupt the parenting schedule. If there are plans to travel internationally, even someplace close like Canada, parents generally need consent from a co-parent to leave the country with the children. They may also need to make arrangements to alter the custody schedule to accommodate their travel plans. Disclosing travel plans well in advance and working out logistics with a co-parent can prevent arguments about vacations over summer break. Working together to create a thorough child custody order and being flexible while addressing the unique issues as they arise can make co-parenting easier. Parents who understand the most common challenges during the summer months can create more effective custody arrangements and avoid many challenging issues that might otherwise arise during summer vacation.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[Is the house divided in a Michigan divorce?]]> https://www.jfrazeelaw.com/?p=50379 2026-05-13T01:47:29Z 2026-05-13T01:47:29Z Michigan follows the rule of equitable distribution. This means courts divide property fairly, though not always equally. Judges consider several factors, including the length of the marriage, each spouse’s financial contributions, future earning potential, and the needs of the family. In many divorces, the marital home becomes a central issue because it carries both financial and emotional value.

Marital vs. separate property

Whether the house gets divided often depends on whether it qualifies as marital or separate property. A home purchased during the marriage usually counts as marital property, even if only one spouse’s name appears on the title. Courts may also treat the property as marital if both spouses contributed to mortgage payments, maintenance or renovations. On the other hand, a house one spouse owned before the marriage may qualify as separate property. The same may apply to homes received through inheritance or as a personal gift. Yet, separate property can lose some of its protection if marital funds helped pay the mortgage, increase the property’s value or cover major improvements. This is commonly known as commingling.

Options to protect the home

If keeping the house is important to you, several options may help protect your interest during the divorce process. One common solution involves a buyout. In this arrangement, one spouse keeps the home and compensates the other spouse for their share of the equity. This option may work well when children remain in the home or one spouse has the financial ability to refinance the mortgage independently. Some couples also negotiate property tradeoffs. For example, one spouse may keep the home while the other receives retirement funds, investment accounts or other marital assets of similar value. Prenuptial and postnuptial agreements can also help protect a home, especially when one spouse owned the property before marriage. These agreements may clarify ownership rights and reduce disputes later. In some cases, selling the home may provide the cleanest resolution. A sale can help both parties divide equity, pay off shared debts and move forward with greater financial independence. Dividing a house during divorce can quickly become complicated, especially when emotions and long-term financial concerns overlap. Understanding your rights early can help you make informed decisions about your property and your future. Consulting an experienced Michigan divorce attorney can help you understand your rights, evaluate your options and develop a strategy to protect your financial future.
]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[Does spousal support still exist in Michigan?]]> https://www.jfrazeelaw.com/?p=50323 2026-04-07T14:27:46Z 2026-04-07T14:27:46Z Divorce raises immediate financial questions. Spousal support or sometimes called alimony remains a viable remedy under Michigan law and can significantly affect your post-divorce income.

What Michigan law actually allows

Michigan courts can order one spouse to pay support to the other during or after a divorce. The court's authority comes from Michigan Compiled Laws 552.13 which permits support awards for the "suitable maintenance" of either spouse. Support is not automatic. The requesting spouse must show financial need and the other spouse must have the ability to pay. Michigan recognizes four forms of support:
  • Temporary support: Maintains financial stability while the divorce is pending.
  • Periodic support: Paid in regular installments over a defined term or indefinitely.
  • Rehabilitative support: A short-term award designed to help a spouse gain education or job skills.
  • Lump-sum support: A one-time payment often satisfied through a property transfer.
Each type serves a different purpose. The court selects the form that fits your circumstances.

How judges decide

Unlike child support, Michigan has no formula for spousal support. Judges weigh fourteen factors on a case-by-case basis. Key considerations include:
  • Length of the marriage: Longer marriages are more likely to result in extended or permanent support.
  • Age and health: A spouse who is unable to work due to age or health may receive long-term support.
  • Earning capacity: Courts compare each spouse's income potential and career prospects.
  • Standard of living: Judges use the marital standard of living as a starting point.
  • Fault: A spouse's conduct during the marriage can influence, though not solely determine the outcome.
No single factor controls the result. A judge may weigh them differently based on your case.

Tax treatment after 2018

Tax treatment of spousal support changed for divorces finalized after December 31, 2018. The paying spouse can no longer deduct support payments and the recipient does not report them as income. This shift can affect the real value of any support amount both parties agree to.

You may speak with a family law attorney

Spousal support involves complex legal and financial considerations that vary by case. If you are navigating a divorce in Michigan, consulting a qualified attorney can help you understand your rights and options.]]> On Behalf of Law Offices of Jeanne M. Frazee <![CDATA[Divorce and your 401(k): What you need to know]]> https://www.jfrazeelaw.com/?p=50324 2026-03-17T14:37:31Z 2026-03-17T14:37:31Z What part of your 401(k) actually gets divided Only the portion of your 401(k) that was built up during the marriage is typically subject to division. If you had money in the account before you got married, along with any growth tied to that earlier balance, that part may stay with you. Meanwhile, contributions made during the marriage usually count as shared.

What people often get wrong about dividing a 401(k)

A 401(k) does not automatically get split down the middle. The final division depends on the specific facts of your case. Many people assume everything in the account is shared or that both sides will walk away with equal amounts, which is not always how it works.

Where things can go wrong before you even start

Problems often begin when you treat the account as one lump sum or make decisions without understanding what portion is actually at stake. If you look only at the total balance, take money out too early or agree to terms without understanding what portion actually belongs in the discussion, you can end up giving up more than you realize.

Make sure you understand what you are dividing

If you feel unsure about what part of your 401(k) is on the table or how a decision today might affect you later, take a step back and look at the numbers more carefully before agreeing to anything. If you still have questions, speaking with a family law attorney can help you understand your options and decide what makes sense for you.]]>