Gordon & Hess, PLCGordon & Hess, PLC2026-09-09T19:19:50Zhttps://www.gordonhess.com/feed/atom/WordPress/wp-content/uploads/sites/1203993/2019/09/cropped-favicon-32x32.pngOn Behalf of Gordon & Hess, PLC<![CDATA[When separate property becomes marital property in a Michigan divorce]]>https://www.gordonhess.com/?p=484672026-09-09T19:19:50Z2026-09-09T19:19:50ZMarital and separate property are not always easy to distinguish
Michigan courts divide marital property, not everything one spouse owns. Property brought into the marriage may remain outside the marital estate. An inheritance or gift received by one spouse may remain separate property when it is kept separate and is not treated as a marital asset. But the line can blur when spouses commingle separate property with marital assets, treat it as marital property or when the other spouse contributes to its acquisition, improvement or accumulation.
Michigan’s property and debt division rules provide the general framework, but the origin of the property and the way the spouses handled it during the marriage drive the outcome.
What can affect separate property classification?
A judge may consider more than the fact that the property came from family or existed before the marriage. The court also examines whether one spouse kept the inheritance in a separate account, added shared funds to it, used it for household expenses or put the other spouse’s name on the title. Facts may include:
When the property was acquired
Whether it came from inheritance or gift
Whether one spouse added marital funds to it
Whether the property was retitled jointly
Whether its value increased because of joint effort during the marriage
Those facts can affect whether the property remains separate, is treated as marital or is subject to division under Michigan's separate property rules.
How records and tracing can affect property classification
Account statements, deeds and tracing documents shape property division disputes when one spouse argues that an inherited or premarital holding remained separate. Those disputes become more complicated when the records are incomplete or the property’s history is difficult to trace. A family law attorney can review those records and explain how Michigan law may apply to the property’s classification and potential division.]]>On Behalf of Gordon & Hess, PLC<![CDATA[Dividing retirement accounts during a Michigan divorce]]>https://www.gordonhess.com/?p=484652026-09-04T08:04:09Z2026-09-04T08:04:09ZHow Michigan determines the marital share
Michigan courts do not always divide the full account balance. Generally, retirement benefits attributable to service or contributions accrued during the marriage may be part of the marital estate. Vested benefits are treated differently from unvested or contingent benefits under Michigan law. These rules can apply to 401(k)s, pensions, IRAs and other retirement benefits, although the method used to divide them depends on the type of plan.
Retirement plans fit into the same broader property and debt division rules that apply to other assets, but these accounts often raise extra questions about timing, growth and tax treatment.
A court order helps implement the retirement division
A divorce judgment establishes the property award, but an additional order may be needed to implement the retirement division. Depending on the plan, that may be a qualified domestic relations order, an eligible domestic relations order or another plan-specific order.
That order spells out several important details, including:
The dates used to calculate the marital share
How the plan treats post-divorce investment gains or losses
Survivor benefit designations
Plan type and applicable rules
The procedures for transfers and rollovers
These details can determine whether the division works as intended or creates tax and payout problems later.
A clear order can help reduce tax and payout problems
Account statements, plan rules and drafting details often drive divorce property disputes involving these benefits. A family law attorney can help address the marital share and coordinate the retirement order with the plan's requirements and applicable tax rules.]]>by Gordon & Hess, PLC<![CDATA[What makes a search warrant invalid in Michigan?]]>https://www.gordonhess.com/?p=484642026-08-16T09:40:18Z2026-08-16T09:40:18ZWhen can the information supporting a search warrant be challenged?
The warrant must be based on facts that establish probable cause. The search warrant affidavit should explain why police believe a crime occurred or why evidence may be found at the listed location. Insufficient facts may leave the warrant open to challenge. Missing or false details can also affect its validity. If an officer knowingly or recklessly includes false information in the affidavit, that information could support a motion to suppress the evidence obtained. Police must gather supporting evidence through lawful means.
Evidence from an illegal entry, trespass or eavesdropping may not support probable cause. Old information can also weaken a warrant. A long delay between the suspected crime and the search may make it less likely that evidence remains at the location. Confidential and anonymous sources also need support. The affidavit should show why the source is reliable and explain how the source learned the information, such as through something the source saw, heard or did.
Warrant defects and execution problems that can make a search unlawful
A valid warrant should clearly identify the place police may search and the property they may seize. A vague or overly broad warrant may face a legal challenge.
Police generally must have a signed warrant before starting a search. Michigan law also allows electronic warrants in some cases. Officers must follow the warrant’s terms and stay within its limits. A search that goes beyond those limits may give the defense grounds to seek suppression of the evidence.
Key points to review include:
Particularity: The warrant should describe the place to be searched and the persons or things to be seized with sufficient specificity.
Signed warrant: Police should have the signed warrant before the search begins.
Scope: Officers should stay within the limits set by the warrant.
These concerns differ from problems with obtaining the warrant. Issues with probable cause or the affidavit may affect how the warrant was issued. Improper execution may involve police failing to follow the terms of an otherwise valid warrant.
Defend against invalid searches
Evidence uncovered during an illegal search can directly threaten a person's freedom. If police violate Michigan’s warrant rules, the exclusionary rule may bar that evidence at trial and weaken the prosecution’s case. Early review can uncover flaws while the details of the search are still fresh and well-documented. A Michigan criminal defense attorney can assess the warrant, affidavit and search to determine whether a challenge may succeed.]]>On Behalf of Gordon & Hess, PLC<![CDATA[Why was I charged with an OWI instead of a DUI in Michigan?]]>https://www.gordonhess.com/?p=484632026-07-24T15:38:34Z2026-07-24T15:38:34ZHow are an OWI and an OWVI different?
An OWI charge generally indicates that prosecutors allege a driver's ability to operate a vehicle was substantially affected by alcohol or drugs, or that chemical testing revealed a blood alcohol content (BAC) at or above the 0.08% legal threshold.
While an OWVI is often seen as a less serious offense and involves a lesser charge than OWI, it applies when law enforcement officers observe visible signs that a driver's physical ability was diminished, even if blood or breath alcohol levels remain below standard intoxication limits.
Why does the charge matter?
The type of charge may influence several parts of a criminal case, including:
In some cases, an OWI charge may be resolved as an OWVI. That does not happen automatically. The facts of the case, the available evidence and other legal factors all play a role.
What should a driver keep in mind?
Michigan courts use the term OWI instead of DUI. Thus, seeing an OWI in the paperwork does not mean that it is incorrect. Knowing the difference between an OWI and an OWVI can help reduce confusion and provide a clearer picture of the charge. Although both charges involve impaired driving, they have different legal definitions and may carry different penalties depending on the circumstances and a driver's prior record.
Getting legal advice can help a driver better understand the available options and the next steps in the case.]]>On Behalf of Gordon & Hess, PLC<![CDATA[Can a parent relocate with a child after divorce in Michigan?]]>https://www.gordonhess.com/?p=484622026-07-23T22:25:25Z2026-07-23T22:24:36ZA promising job offer or relatives in another city can make a move feel unavoidable. When you share custody, though, relocation becomes a legal event rather than a personal choice. Michigan law may require the other parent's consent or judicial approval before you relocate with your child.
Michigan's 100-mile rule
UnderMichigan Compiled Laws § 722.31, a parent typically cannot relocate a child's legal residence beyond 100 miles. Courts calculate that distance from the child's home at the time the custody case started. Interstate moves typically require approval regardless of distance. Exceptions exist. You may not need permission if the parents already lived more than 100 miles apart. A parent holding sole legal custody may also encounter fewer restrictions.
What a judge may consider
If the other parent withholds written consent, you can file a motion with the court. The judge may evaluate several statutory factors:
Quality of life: Whether the move could improve life for you and your child.
Good faith: Whether the move is meant to limit the other parent's time.
Parenting time: Whether a new schedule could preserve the child's bond with both parents.
Compliance:How well each parent has followed the current order.
Motives for objecting: Whether opposition is tied to child support concerns.
No single factor decides the case. The judge looks at the child's best interests as a whole.
Why you should not move first
Relocating before you obtain approval can substantially damage your position. A court could order the child's return, hold you in contempt or modify custody. Judges may interpret an unauthorized relocation as evidence of poor judgment. Resolving the legal questions before you pack remains the safer course.
Protecting your parenting relationship
Relocation after divorce touches custody, parenting time and your child's stability. The 100-mile rule, out-of-state limits and the statutory factors all shape whether a move can happen. Knowing these rules helps you plan a move or respond to one without risking your rights. If your situation becomes contested or complicated, a Michigan family law attorney can help you evaluate your options. ]]>On Behalf of Gordon & Hess, PLC<![CDATA[How a postnuptial agreement can protect your future in Michigan]]>https://www.gordonhess.com/?p=484612026-07-09T07:18:28Z2026-07-20T07:17:15ZReasons to consider a postnuptial agreement
A postnuptial agreement can help couples clarify financial responsibilities and safeguard important assets during marriage. In case of unexpected inheritance, this document can help protect that wealth for future generations.
If a spouse starts or expands a business during the marriage, the postnuptial agreement can label it as separate property so the other spouse is not responsible for its risks. Additionally, these contracts help with debt management by clearly stating which person is responsible for certain loans or credit card bills. If a couple is going through a hard time, a postnuptial agreement can provide financial security while they work on fixing their relationship.
Legal requirements for enforceability
For a postnuptial agreement to be valid in Michigan, it must follow specific legal rules. The contract’s purpose is to support the marriage or settle financial matters, not encourage divorce. State law wants these documents to help keep families together, not tear them apart.
The agreement must also be fair upon signing and not unconscionable at the time of enforcement. Moreover, both spouses must sign the document freely, without pressure or threats.
Protecting your long-term stability
A well-crafted postnuptial agreement can allow you and your spouse to focus on your relationship with the confidence that your individual and joint interests are protected. A lawyer can help ensure your contract meets Michigan’s standards while tailoring it to the unique needs of your marriage.]]>On Behalf of Gordon & Hess, PLC<![CDATA[Who pays for summer camps after divorce?]]>https://www.gordonhess.com/?p=484582026-07-02T12:57:53Z2026-07-02T09:39:48ZClassifying summer camp costs
Under Michigan law, standard child support payment covers basic needs such as food, clothing and housing. They do not automatically cover summer camp. How the court views summer camp usually depends on:
The childcare argument: If both parents are working and the child needs to attend a summer camp, the court often considers this as a necessary expense. In this case, the amount could be split proportionally based on both the parents’ incomes.
The extracurricular argument: If the camp is strictly for enrichment and not serving as work-related childcare, neither parent is legally obligated to pay for it unless it's explicitly mentioned in the custody order or court judgement.
If a camp happens entirely during one parent's scheduled parenting time, what can be done? Under Michigan law, a parent usually has the right to decide routine daily activities during their own time. However, if the camp crosses over into the other parent's week, you should get the other parent’s consent.
Next steps for summer planning
Summer is often the most exciting time for kids. Disagreements between parents shouldn’t be a reason to lose their summer spark. Filing for a modification in your custody order can be a complex legal process. Seeking the guidance of a legal counsel could help you understand your rights and protect your finances and parenting time.]]>On Behalf of Gordon & Hess, PLC<![CDATA[3 ways police gain the right to conduct searches]]>https://www.gordonhess.com/?p=484572026-06-20T13:24:17Z2026-06-20T13:24:17Z1. A warrant
The strongest form of legal authorization for a search is a warrant. If an investigation yields enough evidence to convince a judge that a search is necessary, officers can obtain warrants that allow them to access property without consent and even impound vehicles.
2. Probable cause
Many searches occur on the fly when something unexpected happens. If police officers have a credible suspicion that a specific crime occurred, they can conduct a reasonable search. Claims of probable cause require more than generalized suspicions for a search to hold up under scrutiny during criminal proceedings.
3. Permission
Many people make the mistake of consenting to police searches out of politeness. They believe they must comply with officer instructions. They agree to a pat down, allow officers to search their vehicle or let them into their homes.
If a search was not lawful, then a defense attorney could potentially suppress the evidence secured if the search leads to criminal charges. Learning more about the rules that govern criminal trials and police officer conduct can benefit those accused of breaking the law.]]>On Behalf of Gordon & Hess, PLC<![CDATA[Can a prenup waive child custody rights?]]>https://www.gordonhess.com/?p=484562026-06-14T18:16:20Z2026-06-14T18:16:20Zshould not address child custody at all. They are more for making important financial decisions, such as how a couple will split up the assets that they own together. Prenups are not for splitting up either legal or physical custody rights.
If your future spouse comes to you and asks you to sign a prenup stating that you will not seek custody or be involved with a child after a divorce, you need to know that would likely invalidate at least that portion of the prenuptial agreement. Even if you signed it, it is not likely to be binding if a divorce occurs.
Why can't prenups address custody?
There are only certain things that are legally allowed to be put into a prenuptial agreement, and custody is not one of them. Instead, the court has the final authority to make custody decisions during the divorce proceedings.
One key thing to remember is that the court focuses on a child's best interests when determining how custody should be split up. A prenuptial agreement that was signed before that child was even born may not be in the child's best interests. Thus, even if both parents agreed to it, it may conflict with the court's goal.
Dividing custody of children during a divorce certainly can be complicated, as can creating a prenuptial agreement before you get married. In either stage of your relationship, it can help to work with an experienced attorney.]]>On Behalf of Gordon & Hess, PLC<![CDATA[When parenting ends, divorce may follow]]>https://www.gordonhess.com/?p=484542026-05-28T18:09:07Z2026-05-28T18:09:07ZWhen the youngest child moves out of the house, and the parents are once again living on their own, they are often referred to as empty nesters. For many, this happens when their children leave to go to college, get a job, join the military or take other similar steps.
One important thing to keep in mind is that becoming empty nesters can sometimes cause a couple to get divorced. This may be surprising to their adult children, and to their friends and family members, but it is a notable trend. Why does this happen so often, and what does it mean for a divorce case?
New life stages
Often, becoming empty nesters is just a different life stage. Parents may have more free time to think about their own relationship now that they are not distracted by raising their children. They may also talk about the future and how they envision it, and they may find that they see their future much differently than their spouse, leading to a divorce.
Additional financial complications
Because the parents are empty nesters, their divorce is simplified in some sense because they do not have to address child custody rights. But it can actually be more complicated financially.Older couples have more assets to split up, for example, and may have complicated assets like investments, real estate or businesses. On top of that, they have to think about retirement and how to split up savings, retirement plans, pensions or benefits earned through an employer.If you and your spouse are heading toward a divorce this year, it is very important that you understand your rights when it comes to property division. It can help to work with an experienced divorce attorney as you navigate this process.
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