Cannon Law PLC

How Can an Attorney Prepare You for a Gray Divorce?

2025-11-17T20:13:30Z

Divorce at any stage of life is complex, but for those over 50, the process presents unique financial and emotional challenges. A "gray divorce" involves disentangling decades of shared life, assets, and future plans. Navigating this requires more than just legal knowledge; it demands a strategic and compassionate advocate who understands what’s at stake. An experienced attorney is crucial in preparing you for this significant life transition.

Addressing Asset Division

One of the most significant challenges in a gray divorce is dividing long-accumulated marital property. This might include the family home, multiple real estate holdings, retirement plans, business interests, investment portfolios, and other valuable assets and debts. An experienced attorney helps you take a complete account of what you and your spouse own and owe, ensuring all marital assets are properly valued and considered.

Your lawyer will provide guidance through Michigan’s equitable distribution laws, ensuring you receive a fair share and that your settlement protects your ability to move confidently into your next chapter. The goal is to avoid costly mistakes and safeguard your interests, especially when dealing with complex holdings.

Clarifying Spousal Support

Spousal support, or alimony, often becomes a major consideration in gray divorces. One spouse may have spent years outside the workforce or contributed to the household in ways that didn’t bring an income. An attorney can help you understand what you might owe or be entitled to, taking into account factors like the length of the marriage, your respective incomes and earning potential, age, and overall health.

Having a legal advocate means you won’t have to navigate these sensitive negotiations alone. Your attorney can make a compelling case for appropriate support, whether through negotiation or litigation, aiming for an outcome that addresses both immediate needs and long-term security.

Dividing Retirement Accounts

Retirement accounts, pensions, and other deferred compensation are often among the most valuable assets in a gray divorce. These accounts can be complex to divide properly, with specific tax implications and legal requirements. With the right legal guidance, you can ensure your interests are protected. Key considerations include:

Types of Accounts: 401(k)s, IRAs, pensions, and non-qualified deferred compensation plans may all be subject to division.
Tax Implications: Transfers or distributions must be handled carefully to avoid unnecessary taxes or penalties.
Legal Requirements: Dividing certain accounts requires a Qualified Domestic Relations Order (QDRO) or other legal documentation.
Role of Financial Professionals: Your attorney may work with financial experts to accurately value accounts and develop a division strategy that meets your needs and complies with Michigan law.

They can also help you understand how potential distributions may affect your retirement plans, helping you make informed decisions about the future.

Why Working With the Right Attorney Matters

Gray divorce can affect every part of your life: your finances, your peace of mind, and your future plans. You deserve an attorney who is attentive, knowledgeable, and determined to protect your interests. At [nap_names id="FIRM-NAME-1"], we combine individualized, compassionate guidance with proven courtroom advocacy, giving you confidence at every stage.

If you are considering divorce later in life, let us help you prepare for the road ahead. Contact us through our contact form or call [nap_phone id="LOCAL-CT-NUMBER-1"] to discuss your case.

Suspect Your Spouse Is Hiding Assets? Here’s What to Do

2025-11-17T15:51:00Z

Divorce is stressful, emotionally and financially. Things can feel even more overwhelming if you think your spouse isn’t being honest about your money. Hiding assets means one person tries to keep marital property secret so it isn’t split fairly during the divorce. People may hide assets for many reasons, like wanting to “win” or acting out of anger.

If you suspect this is happening, it’s important to trust your instincts and know what to look for.

Red Flags to Watch For

Look for sudden changes, like your spouse getting unusually private about money. Other warning signs include:

Large or unexplained withdrawals from joint accounts
Mail or statements from banks you’ve never heard of
New accounts opened in just their name or a child’s name
“Repaying” loans to friends or family members out of the blue
Claiming their business is suddenly losing money without explanation

The Consequences of Hiding Assets

Both spouses in Michigan are legally required to fully and honestly share their finances during a divorce. If someone is caught hiding assets, the judge can award the other spouse a bigger portion of what’s owed, require the dishonest spouse to pay legal fees, or issue other serious penalties.

Uncovering the Truth

If you think assets are being hidden, don’t panic, take careful steps. Start by gathering any financial records you can access, like bank statements, tax returns, and credit card bills.

Uncovering more complex schemes often takes extra help. A forensic accountant can follow the money trail and spot things you might miss. Most importantly, you’ll want a skilled attorney on your side to guide you, fight for your rights, and make sure you get what you're entitled to.

Ready to Take Action?

If you’re facing divorce and worried that your spouse could be hiding assets, you deserve a strong advocate, someone who will support you and stand up for your interests every step of the way. Contact us by filling our contact form or call [nap_phone id="LOCAL-CT-NUMBER-1"] to see how we can fight for you.

What is the soonest I can be divorced in Michigan?

2025-10-09T18:03:08Z

If you are married with no children, the soonest you can get divorced is 60 days after the filing of your complaint for divorce. If you have children under the age of 18 the waiting period is 6 months after the filing of your complaint for divorce except that the Court may waive upon motion by a party that the 6- month waiting period will cause an unusual hardship showing. MCL 552.9f. The hardship factors vary and not all Judges grant the waiver of the 6-month waiting period. An experienced attorney will know once a Judge is assigned whether you will qualify for a waiver of the six months or they can find out by inquiry. It is important to note that some Judges require the filing of a formal motion while others will accept an oral request on the final court date. As you can see the date you file your complaint is very important because it is the date used as a marker to determine when you can be divorced at your earliest. You want to inquire of the attorney you hire when you can expect for your complaint for divorce to be filed once you hire the attorney. At Cannon Law PLC we file your complaint for divorce as soon as possible and in some cases on the very day or within 48 hours of you coming into office or once you hire the firm and provide the necessary information. We are also moving forward with technology and use electronic signatures which you can access on your phone to make sure your complaint is filed as soon as possible. The process of the complaint by the Court also makes a difference. Most Courts can process your complaint within one to two days of the filing. It is taking Wayne County about 30 days to process complaints as of November 2021.

Disclosure of Assets

2025-10-09T18:02:38Z

The law in Michigan requires divorcing spouses to disclose real and personal property including any money the party may possess. There are different ways in which you might be required to disclose your assets and your liabilities. You may have to fill out a simple form as required by the Court. SEE https://www.courts.michigan.gov/siteassets/forms/scao-approved/cc320.pdf. You and your spouse may have to respond to questions posed. This is often referred to interrogatories/ request to produce documents. Interrogatories as a series of questions and may also include a request for you to provide documents. The questions can focus on your financial assets but also your personal matters- like whether you have used a dating app during the marriage. Another method used to discover assets is depositions. Depositions are essentially meetings whereby you, your spouse or a third- party witness are sworn-in and testimony is taken without a Judge present. The deposition is recorded by a transcriptionist and the testimony serves not only as proof of a person’s statements but also can help in locating assets. In other words, a good attorney will use a deposition as a means of locating assets from a party who is trying to hide them. Another way of discovering hidden assets is subpoenas. Subpoenas are demands for information made by a party in a lawsuit. The Court and attorneys on the case can issue subpoenas. If a person is representing themselves in a law suit they have to ask the Court to issue the subpoena. Discovery of assets may require subpoenas sent to banks and/or other financial institutions. Failure to disclose an asset is considered fraud in Michigan. If a person fails to disclose all of their assets and that asset is later discovered the Court can award the other party all of that asset as well as extra legal fees and sanctions due to a failure to disclose. The process of discovering and/or disclosing financial assets and other financial information can be very stressful to clients. When a spouse refuses to cooperate with the disclosure of financial assets, a motion may be brought in Court against them. The Court can than compel the non-disclosing spouse to disclose the information. Where a spouse chronically fails to cooperate with the disclosure process the Court might find the spouse in contempt of court. A contempt finding could result in attorney fees, sanctions and in the most extreme of situations even jail time. Some parties choose to waive the process of having to make formal disclosures; however, that does not mean that you will be excused from having to disclose your assets in Court. On your final court hearing date, the Court will want to know that the final Judgment of Divorce accurately reflects each spouse’s assets.

Alimony-Spousal Support Michigan

2025-10-09T18:04:19Z

In Michigan the Courts do not have hard and fast rules when deciding whether to award spousal support (what most people call alimony). However, there are twelve factors a Judge takes in to consideration when deciding whether alimony should be awarded: (1) the past relations and conduct of the parties, (2) the length of the marriage, (3) the abilities of the parties to work, (4) the source and amount of property awarded to the parties, (5) the parties’ ages, (6) the abilities of the parties to pay alimony, (7) the present situation of the parties, (8) the needs of the parties, (9) the parties’ health, (10) the prior standard of living of the parties and whether either is responsible for the support of others, (11) contributions of the parties to the joint estate, (12) a party’s fault in causing the divorce, (13) the effect of cohabitation on a party’s financial status, and (14) general principles of equity. There also are no hard and fast rules on how long alimony will last. Often lawyers use a rule of thumb - 1 year of alimony for every three years of marriage. Short-term marriages may provide a decreased opportunity for alimony while a longer -term marriage naturally lends itself to a longer alimony term. In cases where parties have been married for a long time and special circumstances arise for a party (like a disability, older parties and no work history) a life-time award of alimony is also a potential outcome. How much alimony is paid depends on the income difference between the parties. If there is no income difference and no special circumstance when looking at the twelve factors listed above, alimony is not likely. Attorneys and Courts also use “prognosticator” programs to run numbers to get an idea of what an individual might have to pay or receive in alimony. But it is important to remember there is definitive math behind an alimony award because so many different social factors can sway the issue. It is critical to have an attorney who understands your rights and how your case may be perceived by your spouse and the Courts. Most people associate alimony payments with a monthly payment; however, there are different forms of alimony which can be achieved. Traditional alimony payments are monthly payments paid to a party and can be paid directly or through the Friend of the Court. These payments can either be short-term or permanent. Sometimes parties will agree to pay a lump-sum as opposed to the monthly payment. In some cases, there may be incentive for the parties to elect a lump-sum payment as opposed to monthly payments. Another form of alimony is called, “rehabilitative” alimony. This is usually a short-term form of alimony which one party pays another to further their education, job skills or even while a person is waiting for a promotion. Finally, Reimbursement alimony is reimbursement to a party who may have foregone their own financial opportunities in support of their spouse. For example, if a husband worked and paid for his wife’s law-school education, he may want to seek reimbursement for his efforts in furthering the couple’s income. The bottom line is, you need to know how much alimony you are going to be receiving or paying (at least ball- park) is it is certainly going to impact your post-divorce life. Although Cannon Law does not do free in-person consultation- we do comprehensive phone consults.

What Do Lawyers Mean When They Say “Un-Contested Divorce”?

2025-10-09T18:05:32Z

You have probably heard that Michigan is a “no fault” State when it comes to Divorce. In general, it means that married couples are free to get a divorce without it being anyone’s fault. It is a good thing because you are not forced to be married to someone you do not want to be married to! If you are looking for a divorce attorney, you may notice the ads that reference or advertise “un-contested” divorces. These firms may also advertise or quote you very inexpensive retainers and/or fees for your divorce. An un-contested divorce is one where people agree on the terms of what their divorce will look like. This includes things like child custody, parenting time, property settlement including personal property, retirement accounts and the sale of the marital home. If you and your spouse do not agree on anyone of those issues or other issues which require division or addressing in a Judgment of Divorce, you are probably not going to have an un-contested divorce. You want to be realistic about whether your divorce will be un-contested or contested because it can impact which lawyer you choose for your divorce matter. If you are only hoping that your divorce will be un-contested, you should ask the attorney you are hiring what will happen if the divorce becomes contested. Once you and your spouse start disagreeing over important issues your attorney will be required to do further work for you. This is likely to include going through a process referred to as “discovery” where an attorney can do things like depose your spouse and other important witness(es) or send subpoenas out to obtain information like banking or other information. A contested divorce is also likely to require a mediation. This will involve you and your spouse and your respective attorneys going to see an objective third attorney who will attempt to help you both resolve your case without having to go to trial. You should make sure the attorney you are hiring has experience litigating the issues which can potentially be contested in your divorce. It is wonderful if you and your spouse agree to the terms of the divorce and you are certain that there is no disagreement between the two of you. If things are contentious or hostile even on one issue, you should be realistic. While you may want to save money at the on-set by hiring an attorney who has quoted you an un-contested fee, you should be concerned about what will happen if your divorce becomes contested. So, it is important to ask the attorney how they will bill you if your divorce becomes contested. You should also ask the attorney if your case becomes contested if they will have the time to commit to your legal issues. Professionals who work in the family law area encourage people to resolve their problems amicably. However, if you are getting divorced, you should not have blinders on and pretend like things are okay when they are not. Cannon Law PLC handles divorces in Oakland County, Macomb County, Wayne County, Livingston County and Monroe County. At Cannon Law PLC you are welcome to call for a phone consultation. While many firms tout a free consultation, I have found that my consultations are usually way beyond what people receive in person. If you would like to know whether your divorce looks like a “contested” or “un-contested” divorce, call our office for further information.

CPS Is Knocking At My Door: Notice Of Allegations

2025-10-09T18:06:49Z

Children’s Protective Services is a state-run program and part of Michigan’s Department of Health and Human Services (MDHHS). CPS (short form) is tasked with the difficult job of making sure that children are kept safe and free from harm, while they also have a suitable environment for living and learning. Parents who receive a visit from CPS are placed in a terribly difficult position of having to choose between cooperating with the caseworkers doing their duty and keeping relevant information to themselves out of fear that they will innocently implicate themselves of negligent/inappropriate behavior. CPS investigations can be complex. How serious the matter is dependent on the allegations they have received. Cases involving serious physical abuse, sexual abuse and recurring cps complaints tend to draw more attention. When you are contact by a CPS worker it is very important you find out what the allegations are against you. The law requires CPS to advise you of what the allegations are against you. Michigan Law reads as follows MCL 722.628 sec. (18): “In the course of an investigation, at the time that a department investigator contacts an individual about whom a report has been made under this act or contacts an individual responsible for the health or welfare of a child about whom a report has been made under this act, the department investigator shall advise that individual of the department investigator’s name, whom the department investigator represents, and the specific complaints or allegations made against the individual.” Unfortunately, some CPS workers will not immediately notify you of the allegations being made against you. This is a problem. You should be very uncomfortable with any person who contacts you about your children but refuses to share with you what the allegations are against. You should politely ask a CPS worker what the allegations are against you. While CPS workers are under the umbrella of the Department of Health and Human Services you should not be confused about the CPS worker’s role, they are trained investigators. They are trained to use certain tactics to investigate families and allegations of abuse. While their written policy does not advise them to avoid notifying you of allegations, some workers want to wait for an interview with you to notify of you of the allegations. Why would they do that? In some cases, the CPS investigator thinks that you will give a more honest answer if you are surprised with the allegation right before your interview. They maybe assuming the worse and believe this tactic will help. The problem for the falsely accused parent is they don’t get an opportunity to prepare and to think through what has happened before they are put in this very frightening position. At Cannon Law PLC we find most often it’s the most innocent and well-intended parent who without thinking provides information that causes CPS to take adverse action against them. While CPS workers are not police officers and don’t have the right to arrest you, they can do something worse- ask Courts to remove your child(ren) from your care.