Westland MI Family Law Blog

Having to work with your ex might be very low on the list of things that you want to do in the upcoming years. Unfortunately, you will need to do just that if you have children together. This means that you will have to work as a team in some instances.

Just because you have to work with your ex doesn't mean that you have to always be stressed out or upset. There are some very basic things that you can do to make the situations a little easier. Here are some tips that you might consider in your case.

You are getting ready to go through the divorce process and are concerned about what will happen to your pets. You've heard that other states are starting to allow couples to treat family animals more like children, permitting owners to create pet custody agreements. Michigan divorce law has not, however, changed its stance on this matter. Here, pets are still deemed property.

Sometimes, figuring out who gets to keep the family pet is pretty easy. If children are involved, family animals often follow them and stay with the custodial parent. If one spouse has a greater bond with the pet, it makes sense that the animal live with him or her. There are numerous factors to consider when deciding who gets to keep the pet. Couples are often able to figure out the matter through private negotiations or mediation.

Taking the leap and filing for bankruptcy can be a frightening thing, especially if one is not sure what to expect. Michigan residents who think that this form of debt relief may be their best bet do not have to go through it with little understanding as to what is going on. This week's column will go over a few things to expect during the process, and an experienced bankruptcy law attorney can provide even more detailed information on the matter.

The first matter to be discussed is when to file for bankruptcy. There is never a perfect time to do it. Before going this route, though, it is suggested that one try to reduce debt first by trying to work something out with creditors. This, one can do alone or with the assistance of legal counsel. If that proves ineffective and debts are too much to get out of on one's current income, then bankruptcy may be the best option.

Many Michigan residents who are fortunate enough to have 401(k) benefits offered through their employers may consider such accounts as separate property in divorce. This is not often the case, though. For most married couples, this is considered a shared asset -- a pretty significant one. The potential problems with dividing such an asset are many, but a divorce law attorney can make sure one takes all the necessary steps to get it done right.

So, how can one access a spouse's 401(k) assets? Some would think it is as simple as the holding spouse filling out a distribution request. This, however, is considered an early withdrawal and subject to fees, penalties and taxes.