Archive for the ‘ Divorce ’ Category

What is an Early Intervention Conference (EIC)?

Typically when someone files for divorce, it can take months for the formal order to be decided that will outline what the parties can do before the divorce is finalized. In Livingston County, there is a program where an attorney will act as a facilitator to assist the parties in their divorce prior to the formal order being determined, called the Early Intervention Conference (EIC).

This EIC is set up so the attorney can set up interim orders that outline the party’s rights and duties to each other until the divorce is final.

The EIC will help establish some sense of normalcy and get the parties to agree on certain issues during the pending divorce case.

Most divorces take 6 months to a year to complete making the EIC necessary in many situations.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

How can I get my personal property back when I am going through a divorce?

I left the house and now I need personal items from the home.

This happens frequently in divorce situations when one party leaves the marital home and does not take everything with them that they need. Your spouse might be angry and not let you in to the house and you of course don’t want to risk having the cops called.

Normally an attorney will sit down with you and go over the items that are in dispute and resolve the issue. Unfortunately this can sometimes take longer than one might like.

You can request a civil standby from the local police where they supervise the visit and the items that are taken from the home. Law enforcement are normally hesitant to come to your home and they may require a court order prior to handling the situation.

It’s always a good idea to take all the necessary items from the home before you leave, but hopefully this information will help guide your next steps if you find yourself in this situation.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

Why does the divorce process take so long?

Regardless of the circumstances, going through a divorce is never an easy situation and it can feel as though the process takes an unwarranted amount of time.

The legal system has set minimum time frames for divorce proceedings to give people an opportunity to make sure they want to continue with the divorce. There is a 60-day waiting period for couples without children and a 6-month waiting period for those with children from the filing date before the divorce can be finalized. These waiting periods can be waived in certain circumstances.

In some cases the sorting of assets can cause delays in the divorce proceedings such as selling the house if the two parties decide this is the best option.

The public policy is that divorce is not something that should be taken lightly. Requiring waiting periods gives couples an opportunity to reconcile.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

My ex-spouse has violated a court order. Why is the punishment not more severe?

It is common in every divorce for one or both parties to violate court orders that apply to the divorce agreement. Examples are not showing up on time for scheduled parenting meet-ups, having someone of the opposite sex at the house without informing the other parent first or missing a sport or extra-curricular activity mandated by the court.

The Friend of the Court (FOC)  handles these issues on a daily basis and unfortunately does not have the requisite personnel to handle all of the disputes that each party has.

This can obviously be quite frustrating to the party who is dealing with the consequences of the ex-spouse’s violation. The court will typically hear the issues if they are continuous and ongoing.

I advise clients to keep a daily log of what happens and when the incidents occur. A stronger case can be made to take action if there is strong documentation of the violations.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

I believe my ex-spouse is harming the children or placing them in harm’s way during visitations. What can or should I do

If you feel your children are in immediate danger then you should contact the local police authorities.

If you feel there is a longer-term issue, but is not an immediate threat you need to contact CPS (Child Protective Services) and file a formal complaint.

If you believe the ex-spouse is drinking or abusing drugs while they are caring for the children, it is wise to obtain as much information as possible about the situation and then file a complaint.

However filing a complaint with either the local police authorities or CPS can create a very challenging situation because it could put the child or children in the middle of the situation potentially forcing them to testify against a parent.

For this reason, I would strongly advise you seek counsel prior to making any rash decisions unless the child or children are in immediate danger.

Child custody situations are heartbreaking for all parties involved and rarely have an easy solution. Please don’t hesitate to contact me if you have any additional questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

Support Groups for Divorce

The holidays can be an incredibly joyous time of year, but if you have experienced a divorce it can be a depressing experience that you are simply hoping to survive. You might be dreading the family gatherings or maybe you will be forced to spend a portion of the holidays alone because your ex-spouse has custody of the children.

You shouldn’t place too many expectations on yourself and need to realize that it’s going to take some time before you start to feel normal again.

This is a time when you need to treat yourself kindly and not judge yourself.

And fortunately there are places and support groups located throughout Livingston County that want to help. I recommend contacting the Divorce Support Group in Livingston County:


Brighton Wesleyan Church
7555 Brighton Road Brighton, Michigan 48116

Phone: 810-227-4073 Contact: Mr. Ron Walker

You can find a full list of Divorce Support Groups around the state of Michigan here: http://www.divorcesource.com/groups/michigan.shtml

Take care of yourself and I do wish you a happy holiday season.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

What happens if I get a divorce and I am going to obtain an inheritance or money?

As a general rule, money that is not commingled and from an inheritance is not part of the divorce proceedings.

If you are planning on obtaining a sum of money that is outside your normal income from an inheritance then you should keep the money in a separate account.

There are always angles and avenues that attorneys will attempt to use to have the money part of the proceedings, but the major factor is whether the money has been commingled with other accounts.  The best advice is to keep any money that is from parents or inheritance in a separate account and not touch it until the divorce is final.

Have a great weekend and don’t hesitate to contact me if you should have any additional questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

My spouse and I are going through a divorce and our house is under water. What should we do?

Many couples are unfortunately experiencing this situation where they are in the process of going through a divorce and have come to the realization that their house is not worth the money they owe.

This situation requires the couple to make some tough choices about how to proceed.

Stopping payment on your mortgage will cause the house to go into foreclosure. As a general rule, the bank won’t work with you until you are three months behind in payments. Once the house goes into foreclosure, an attorney can work with the law firm handling the foreclosure.

Other options include a short sale or a deed in lieu of foreclosure.

I don’t recommend walking away from the property because you and your spouse will be liable for the deficiency when the house is eventually sold by the bank.

No matter what the circumstances are, divorce is never an easy thing to go through. Don’t hesitate to contact me for free if you have any additional questions. We can discreetly discuss your case and determine the options that make the most sense for you.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

I just filed for divorce. What do I do between now and the court dates?

“I just found out the court dates are scheduled to take place in a few months. What am I supposed to do in the mean time?”

After you file for divorce, the courts will set various dates and times to appear in court or in front of the Friend of the Court (FOC); typically these dates will be scheduled to take place several months into the future. During the interim there are typically issues that need to be addressed prior to the court hearings.  The most common issues that arise are (a) who pays the bills and (b) who has custody of the children during the pendency of the divorce.   There are programs and paperwork that can be filed to obtain some clarity during the first couple of months of the divorce process.

1.  Ex-parte or Interim Orders:  These are Orders that are signed by the Judge shortly after the case is filed that state how the basic bills should be paid and that all the issues shall remain “status quo”.   Status quo means that the parties shall continue as they have and nothing shall change, including who pays the bills and who has custody and parenting time of the children during this trying time.

2.  Conciliation: This is a program in Livingston County where a third-party attorney, normally Bonnie Miller, will meet with the parties to discuss a short-term plan and assist in resolving monetary issues and parenting time schedules.  These plans are on an interim basis until the divorce is final.Court Date Divorce

No matter what the circumstances are, divorce is never an easy thing to go through. Don’t hesitate to contact me for free if you have any additional questions. We can discreetly discuss your case and determine the options that make the most sense for you.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

I am thinking about getting a divorce. Will I have to pay my spouse alimony/spousal support?

Unfortunately there is no simple answer to this question and it will all depend on the variables of your specific situation.  There is no formal statute or law stating that spousal support has to be paid, but there is a formula that is run to determine the strength of any spousal support case.

The formula/algorithm takes into account several variables, but the two key indicators are the length of the marriage and the incomes of the parties.  The computer program will take all of the variables into account and assign a number between 1 and 100. A higher number will indicate a stronger case for spousal support and some Judges won’t award spousal support unless the number is 80 or higher.

This number will help the Judge determine the dollar amount to be paid each month and the duration of the payments.

In addition, either an order from the Judge or negotiations between the two parties can help determine if a monthly rate will be locked in for the duration of the payments or if payments can fluctuate.

No matter what the circumstances are, divorce is never an easy thing to go through. Don’t hesitate to contact me for free if you have any additional questions. We can discreetly discuss your case and determine the options that make the most sense for you.

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Marcus D. Wilcoxalimony

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.