Chryssikos Law Firm

Blog

Seeking Uniformity: Premarital and Marital Agreements

This following article was published in the January 2023 edition of the Michigan Bar Journal Seeking Uniformity: Premarital and Marital Agreements by Anne Argiroff and James W. Chryssikos | Michigan Bar Journal This article provides an overview of the complicated history of premarital and marital agreements and recent efforts made by the State Bar of Michigan Family Law Section to provide clarity through enactment of the Uniform Premarital and Marital Agreements Act, tailored for … [Read more...]

One Piece of Advice

I was recently asked, “what’s the one piece of advice you would give a person considering the divorce process?” Frankly, this space isn’t big enough to discuss all the answers that I considered. But ultimately, I keep coming back to this one important point: Make sure you have good communication with your lawyer. That may sound basic. Surely there are more practical pieces of advice to share. But once you or your spouse has made the important decision end the marriage, the next most … [Read more...]

Separation Date’s Impact on Property Division

  Many divorce clients (or prospective divorce clients) who are already separated ask how/if their date of separation can impact the division of their assets. If a couple has been living separately for 1 year, 5 years, or even 10+ years, will the court really divide the assets as of their value on the date of divorce? Is this fair? Is it possible to go back in time and divide the assets based on their value at the time of separation? The answer to that question is – maybe. The … [Read more...]

Parenting Time During COVID-19 Epidemic

On Monday, March 23, 2020, Governor Whitmer issued an Executive Order to "Stay Home, Stay Safe". This order has raised questions among parents who share custody of minor children with another parent. My clients and former clients have reached out to me to ask, "do we still follow the custody and parenting time order for minor children while the Stay at Home order is in place?" The answer is YES. Under the Stay at Home order, individuals may travel "as required by law enforcement or a court … [Read more...]

ALIMONY: TO MODIFY OR NOT TO MODIFY

On February 21, 2019, the Michigan Court of Appeals reviewed a case stemming from an Oakland County Circuit Court divorce case, Gallagher v. Gallagher, in which alimony was granted 37 years after the parties’ divorce was final. The trial court awarded the wife $2,500 per month in alimony, but the Court of Appeals reversed and vacated the award on appeal. Although the parties were married for 22 years, their divorce was final in 1980. At the time of the divorce, the parties agreed that … [Read more...]

An End To Child Marriage?

On January 9, 2019, a bill was introduced in the Michigan House of Representatives to modify existing Michigan law to establish the minimum age to marry at 18 without exceptions effective January 1, 2020. Below is an article by James W. Chryssikos as appeared in the August/September issue of the Michigan Family Law Journal. An End to Child Marriage? By: James W. Chryssikos As family law practitioners and members of the Family Law Section, our time is focused almost exclusively on … [Read more...]

5 Reasons You Should File First

Probably the most frequently asked question I hear from divorce clients and prospective clients is “should I file first or let my spouse file for divorce?” Some people ask because they’re undecided about filing for divorce, but fear being put at a strategic disadvantage if their spouse beats them to the courthouse. Others have made up their minds, but maybe need time to plan, including selection of an attorney, ensuring their safety in cases of domestic violence or simply gathering information … [Read more...]

Marriage Equality & The Road Ahead

With the United States Supreme Court recently hearing arguments on the legality of same-sex marriage bans (including Michigan’s), it’s important to remember that a victory for marriage equality advocates in the Supreme Court will signify the beginning, not the end of legislation, litigation and political maneuvering over the rights of same-sex couples and religious rights groups.  Many politicians in our state legislature view it as their mandate to represent the interests of groups opposed to … [Read more...]

Divorce & The Family Business

Many people confronting a divorce face complex questions.  Those who own a business that serves as the family’s primary source of income have unique challenges in reaching a fair and equitable outcome. Often, the business is the most significant asset in a marital estate, causing concern over how to determine and divide the value, without diminishing its value or losing the business altogether.  The challenges are different for each spouse, depending upon which one intends on maintaining … [Read more...]

A New Child Custody Law On The Horizon?

On February 5, 2015, a group of 21 lawmakers in Lansing introduced House Bill 4141 to the State Legislature.  If passed, this bill will modify Michigan’s existing Child Custody Act of 1970 by making it effectively automatic that parents in a divorce or child custody dispute will share joint custody and have substantially equal parenting time with their children.  At first blush, this seems to many like a noble purpose and is sensible. But very little in this bill is actually designed around … [Read more...]

10.0James W. Chryssikos