$0 Restitution For Ex-Wife Who Claimed Conversion, Fraudulent Transfer Of Funds
Because the plaintiff did not suffer “any actual loss or injury,” the trial court in this divorce action did not err by awarding the plaintiff $0 in restitution.
Appeals Court Vacates, Remands Various Orders In Divorce Case
The defendant is entitled to relief, the Michigan Court of Appeals has ruled, because the trial court erred in several respects.
Trial Court Properly Valued Business In Divorce Proceedings
The trial court in this divorce action used the appropriate method to determine the value of the plaintiff’s law practice when dividing the marital estate, the Michigan Court of Appeals has ruled.
Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees
An attorney fee award in this divorce action must be vacated, the Michigan Court of Appeals has ruled, because the trial court did not make a finding as to whether the requested fee was reasonable.
Trial Court Properly Denied Attorney Fees In Divorce Case
The trial court’s denial of attorney fees in this divorce action was not “outside the range of reasonable and principled outcomes,” the Michigan Court of Appeals has ruled.
Appeals Court: Trial Court Must Re-Examine Dissipation Of Marital Assets Issue
In this divorce action, the COA affirmed the discovery sanctions that were imposed but remanded the case for the trial court to address various marital asset issues.
Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible
The trial court abused its discretion by admitting the GAL’s reports, LARA documents, and expert opinion testimony about domestic violence because each piece of evidence was inadmissible.
No Capital Gains Included In Plaintiff’s Income For Child-Support Purposes
The trial court did not err when computing the parties’ incomes - particularly capital gains - for purposes of determining child support, the Michigan Court of Appeals has ruled.
COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond
The trial court committed clear legal error in Butters v Butters by failing to hold a live hearing where the plaintiff would have the right to present evidence.
MSC: Wife Who Filed For Divorce Is ‘Surviving Spouse’ For Inheritance Purposes
A widow who filed for divorce more than one year before her husband’s death qualifies as his surviving spouse for inheritance purposes, the Michigan Supreme Court has ruled.
Consent Divorce Judgment’s Military Benefits Provision Cannot Be Collaterally Attacked
Even though the parties’ consent judgment of divorce included an offset provision, the defendant’s challenge to enforcing that provision is an improper collateral attack.
COA Adopts ‘Blended’ Approach In Frozen Embryo Cases
In this divorce case, the COA adopted a new legal framework that “blends” the “contractual approach” and the “balancing approach” to determine the disposition of a frozen embryo.
Divorce Judgment’s Custody, Parenting-Time Provisions Were Wrongly Vacated
The trial court’s decision to vacate the custody and parenting-time provisions in the parties’ divorce judgment must be reversed, the Michigan Court of Appeals has ruled.
Trial Court Must Explain Denial Of Ex-Wife’s Request For Additional Attorney Fees
In Sullivan v Sullivan, pursuant to a prior remand order, awarded the defendant ex-wife half the value of the parties’ stock, as well as spousal support and attorney fees.
Motion To Enforce Divorce Judgment Improperly Denied
A trial court wrongly held that the plaintiff’s motion to enforce the parties’ judgment of divorce was untimely and frivolous, and that it did not have the authority to consider the plaintiff’s motion.
Divorce Judgment Replete With Errors Must Be Vacated, Remanded For Proper Analysis
In this divorce action, the Michigan Court of Appeals ruled the trial court erred in its award of spousal support and attorney fees to the plaintiff ex-wife.