5 THINGS THAT CAN COST YOU DEARLY IN A DIVORCE AFTER YOU HAVE BEEN SUED

  Although the marriage is undoubtedly over, the Complaint for divorce you just received has taken you by surprise.  This is the norm.  Unfortunately it is also the norm that the filing spouse is way ahead of you mentally and strategically.  He or she has been planning this for some time.  By the time you get the Complaint your joint account is wiped out, the spouse is gone and so are the kids along with a few prized possessions.  So what do you do and what don’t you do now?

            1. IMMEDIATELY secure any and all finances, if its not already too late.  Do it before you even call a lawyer.Open new accounts in your name only.  Take money out of the joint account, cancel all credit cards and debit cards.  Get copies of all financial records, i.e., bank statements, account balances, retirement account balances, loan balances, paystubs, tax returns, etc.  Protect your money and assets.  In short, know and have proof of what, where and how much.

            2.  DO NOT assume that the divorce will be “friendly” and uncontested.  If that were the case the complaint would not have bolted out of the blue.  The head-in-the-sand, my-life-is-over approach is a prescription for disaster.  You can bet your children, child support, custody, house, spousal support and disproportionate division of your marital assets and debt that your spouse is praying for you to take this approach.  Don’t do it.  In 26 years, I have seen many cases start out this way but only a handful end this way.

            3.  AVOID CONFRONTATION.  Confrontation WILL be used against you for custody purposes since domestic violence is a custody factor.  Confrontation may also result in a Personal Protection Order being entered against you.  It may then result in your incarceration.

            4.  DO NOT ABANDON the home and or children, even temporarily, as it may result in the Court determining that you have de facto recognized that the children’s best interest is to reside with your spouse.   After all, you would not have left the children, even to find a new home and settle in, if your spouse is an unfit parent.   Do not leave unless absolutely necessary to protect yourself.  If that proves to be necessary, take the kids with you and immediately seek legal counsel.

            5.  Gather Evidence to prove your spouse’s fault for the divorce, i.e., an affair, drugs, alcoholism, abuse, etc. and to acquire custody and support.  Typical sources of evidence, include, but is not limited to, those listed above in paragraph 1 and Facebook, police reports, counseling and medical records, school records, telephone records, e-mails, text messages, letters and notes, receipts, photographs, and Child Protective Services Reports, etc.   When thinking about evidence, think about how to prove the 12 Custody Factors that the Court will rely upon to determine who should be awarded custody of the minor children.

            These 12 Factors, and the thousands of cases that interpret how to apply the 12 Factors are the only issues that the Court will consider in a custody dispute.  If you have children and are in a divorce, get the 12 Factors now, along with valuable insight into how the 12 Factors will be applied to your case before it is too late.  Contact Dimitriou Law Offices at 616-454-7969 or kristle@wmichiganlegal.com for your free copy today or call for a free consultation regarding your divorce case!

Less than one month remaining to file motion under Revocation of Paternity Act

As may fathers are painfully aware, previously in Michigan, if a child was born during a marriage, that child was presumed to be of that marriage. Even in cases where DNA testing had been done and could prove paternity belonged to an outside party, they had no claim upon their biological child, and no grounds to file a motion to establish any contact or relationship with that child. Similarly, if a mother filed a fraudulent Affidavit of Parentage naming a different party as father, the biological father - with DNA proof of his relation to the child, had no grounds to begin an action.

This all changed on June 12, 2012 when Governor Snyder signed the Public Act 159 of 2012 - Revocation of Paternity Act. What this provided was that if a child was born or conceived during a marriage, the biological father not married to the mother could begin paternity action within the first three years of the child's life. It also provided that a biological/alleged father could begin an action to set aside an Affidavit of Parentage.

Although the Act specifically stated these actions must begin within three years of the child's birth - there was a clause that allowed fathers of older children, previously denied their claims of paternity, could begin an action within one year of the signing of the action. These actions must be filed by June 12, 2013.

Less than one month remains in the window created for older children. Any fathers out there who have previously been denied time and relationship with their biological child, should consult an attorney to discuss their case before this time closes.
James Dimitriou II
www.wmichiganlegal.com
616-454-7969

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