Gordon & Hess, PLCGordon & Hess, PLC2026-11-05T10:46:30Zhttps://www.gordonhess.com/feed/atom/WordPress/wp-content/uploads/sites/1203993/2019/09/cropped-favicon-32x32.pngOn Behalf of Gordon & Hess, PLC<![CDATA[What makes a prenuptial agreement invalid in Michigan?]]>https://www.gordonhess.com/?p=485002026-11-05T10:46:30Z2026-11-05T10:46:30ZMissing financial disclosure can undermine the agreement
A valid prenup depends on honest disclosure about property, debts and income before signing. If your future spouse hides assets or downplays the value of a business, you may not have enough information to make an informed decision.
Michigan courts often ask whether each person disclosed property, debts and income fairly and reasonably. That same disclosure issue can also affect marital agreement disputes involving postnuptial agreements because incomplete financial information can weaken enforcement of either type of contract.
Can pressure or poor timing make the prenup unenforceable?
Yes. A court may question the agreement if your future spouse presented it so close to the wedding that you had no real chance to review it or get legal advice. Pressure alone does not automatically void a prenup, but it can matter when the facts show unfairness.
Michigan law requires a prenup to appear in a written document with both parties' signatures. For general background, the State Bar of Michigan’s consumer article on prenups discusses common enforceability issues. An oral promise or unsigned draft is not enforceable as a prenuptial agreement.
What to do if you think your prenup may not hold up
If you are concerned your prenup may not hold up, it helps to understand what courts examine. Michigan courts generally focus on whether the terms were unconscionable when you signed the agreement, though the fairness of enforcement may also matter depending on the circumstances.
Courts also consider when your future spouse presented the agreement, whether the financial disclosures were complete and whether each person had a reasonable chance to consult an attorney before signing. Whether your Michigan prenup holds up often comes down to how you made it, not just what it says. If there are questions about timing, disclosure or fairness, reviewing the agreement before divorce litigation begins can help you spot weaknesses early. A family law attorney can assess whether the agreement is likely to survive a challenge and what options you may have.]]>On Behalf of Gordon & Hess, PLC<![CDATA[Can texts and social media posts affect your divorce case?]]>https://www.gordonhess.com/?p=484812026-10-21T13:20:32Z2026-10-21T13:20:32Zdivorce and custody matters. Even private messages or deleted posts may become evidence if someone can legally obtain or recover them.
How can digital records affect your divorce?
Digital communications may reveal details about a spouse's finances, actions or parenting choices. Courts may review texts, emails, direct messages, photographs and online activity. For example, these records may help show:
Hidden income: Photos of costly purchases may raise questions about a spouse's financial reports.
Parenting concerns: Messages about missed visits or unsafe behavior may help courts assess a child's welfare.
Misconduct: Threatening messages may support claims of harassment or abuse.
Disputed statements: Online posts may conflict with information a spouse gives the court.
However, one message rarely tells the whole story. Courts must consider its context and other evidence before reaching a decision.
How can you preserve digital evidence?
Michigan courts do not automatically accept every screenshot or online message. Under the Michigan Rules of Evidence, both parties should provide enough proof that the evidence is what they claim. It also requires evidence to relate to an important issue in the case, such as a parent's ability to care for their child or a spouse's reported income.
To protect digital records, you can:
Save full conversations instead of single messages
Keep screenshots with dates and account names
Preserve original emails, photos and messages
Avoid deleting or changing relevant content
Share important records with your attorney
These steps may help show where the records came from. However, never access your spouse's private accounts without permission.
How can you protect your interests?
Your own online activity may also affect your divorce or custody case. Therefore, avoid posting about ongoing legal disputes, your spouse or your children.
Remember that privacy settings do not always keep messages out of court. Also, deleting a post does not guarantee that others cannot recover it.
A Michigan divorce attorney can help you review digital evidence and understand its possible effects. Legal guidance may also help you protect your rights while avoiding mistakes during your case.]]>On Behalf of Gordon & Hess, PLC<![CDATA[What happens if my ex violates a child custody order in Michigan?]]>https://www.gordonhess.com/?p=484782026-10-21T11:08:43Z2026-10-21T09:50:28ZIf your former spouse or co-parent violates a child custody order in Michigan, you may ask the court to enforce it. Your next steps depend on the type of violation, how often it occurs and how it affects your child.
Your co-parent might refuse to return your child, deny scheduled visits, arrive late for exchanges or block calls. These actions can disrupt your child's routine and strain your relationship with them.Keep your child's needs first. Record each violation, avoid retaliation and review your court order before taking action.
What counts as a child custody order violation?
A violation occurs when a parent fails to follow a court order without a valid reason. Common examples include:
Withholding a child: Your co-parent refuses to return your child at the agreed time.
Denying parenting time: Your co-parent refuses to allow scheduled visits.
Changing the schedule: Your co-parent cancels visits or changes exchange times without proper agreement.
Blocking communication: Your co-parent prevents calls or messages that the order allows.
Missing exchanges: Your co-parent repeatedly ignores pickup or drop-off times.
Check your order before deciding how to respond. A single delay may differ from repeated violations.
What should I do if my co-parent violates the order?
Keep a record of each incident. Save text messages and emails. Note missed visits, late exchanges and any reasons your co-parent gives. Stick to facts and record how the violations affect your child.Do not retaliate by withholding child support or denying future visits. Michigan treats support and parenting time as separate duties. You must keep paying court-ordered support even if your co-parent denies your visits. Failing to pay may lead to enforcement action and hurt your position in court.If the violations continue, contact your county's Friend of the Court (FOC) office. Michigan law requires the FOC to begin enforcement procedures after it receives a written complaint with specific details about a custody or parenting time violation. You may also ask the court to enforce its order.
What can a Michigan court do about violations?
Depending on the case, a court may order makeup parenting time, set new conditions, change parenting time or find a parent in contempt.Under Michigan law, a court must find a parent in contempt if, after a show-cause hearing, it finds that the parent violated a parenting time order without good cause. The court may then impose sanctions allowed by law.If your spouse will not bring your child back as required by the custody order, contact law enforcement or the prosecutor for guidance. If your child is at risk of imminent harm, contact emergency services.
When should I request a custody modification?
Enforcement may not solve a pattern of violations. You may need to request a change to your custody or parenting time order.Michigan courts consider the child's best interests when reviewing custody changes. You must also meet the legal requirements for a modification. Repeated violations may support your request, but they do not guarantee a change.
Get help from a Michigan child custody lawyer
A child custody lawyer can help you review your order, gather records and assess enforcement or modification options. Legal guidance can help you protect your parenting rights while keeping your child's safety and well-being first.]]>On Behalf of Gordon & Hess, PLC<![CDATA[How to enforce unpaid child support in Michigan]]>https://www.gordonhess.com/?p=484762026-10-21T08:07:59Z2026-10-21T08:07:59ZThe Friend of the Court handles many payment issues first
The Friend of the Court tracks support payments and helps collect past-due amounts. If support falls behind, you can ask for enforcement through tools described in the state’s child support enforcement process. Common enforcement tools include:
Income withholding
Tax refund intercepts
Property liens
Credit reporting
These steps often resolve missed payments without a hearing. They can also create a record showing how long the support has been overdue and what collection efforts have already been tried.
What happens if routine enforcement does not work?
If those efforts fail, you can ask the Friend of the Court to seek stronger court enforcement or a family law attorney can ask the court to step in. A motion for an order to show cause can require the other parent to appear before the judge and explain why they did not make the required payments.
Records matter at that stage. You should gather payment histories, account statements and notices showing the amount owed. Keeping those records organized can also help in related support payment and enforcement disputes that move into court.
Courts can impose penalties for willful nonpayment
At the hearing, the judge will usually examine whether the missed payments were willful or the result of real financial hardship. If the court finds a willful violation, it can suspend driver or professional licenses, place liens on assets, require payment of the amount owed or, in serious cases, hold the parent in contempt.
Unpaid support does not go away, and delay can make the balance harder to recover. A Michigan family law attorney can review your payment history, help you choose the most effective enforcement option and prepare you for the next court step.]]>On Behalf of Gordon & Hess, PLC<![CDATA[What happens at your arraignment in Michigan?]]>https://www.gordonhess.com/?p=484722026-10-13T11:43:20Z2026-10-13T11:42:16ZWhat happens at a Michigan arraignment?
What happens with a plea depends on the type of case. In a misdemeanor case, you may enter a plea at arraignment. In a felony case, the initial district-court arraignment generally does not involve entering a plea. When a plea is taken, you may plead not guilty or in some circumstances, stand mute, which results in a not-guilty plea.
The judge may also address bail, bond and conditions of release while your case is pending.
Will you be released after the arraignment?
The court considers factors relevant to release, which may include the nature of the charge, your criminal history and the likelihood that you will appear for future court proceedings. Michigan law governing bail and bond conditions addresses the factors courts consider when setting bail.
You may qualify for release on personal recognizance, which generally does not require a monetary payment. Depending on the circumstances, the court may require a cash bond or impose conditions such as travel restrictions or electronic monitoring. Even if the court allows release, you may have to wait for jail procedures or payment processing to be completed.
What should you say at your arraignment?
An arraignment is generally not the time to explain your side of the story. Avoid discussing the alleged offense unless your attorney advises you to do so. Statements made during court proceedings can become part of the record and may affect your case.
Before the hearing, keep these points in mind:
Listen carefully to the court's questions. Answer what is asked and keep your responses focused on the proceeding.
Ask for clarification if you are unsure. Do not guess at an answer you do not understand.
Because the procedure and available choices can differ by case, consider getting legal advice before the hearing. Counsel can explain the charges, advise you about any plea decision and help you understand what to expect as the case moves forward.]]>On Behalf of Gordon & Hess, PLC<![CDATA[What happens to your license after an OWI arrest in Michigan]]>https://www.gordonhess.com/?p=484692026-09-24T16:34:52Z2026-09-24T16:34:52ZWhat happens to your physical license after arrest?
If you refuse a required chemical test or the test shows a qualifying alcohol or drug result, an officer may confiscate your physical license and issue a temporary driving permit. The length of that permit depends on what happens with the criminal case and any license suspension, restriction or revocation.
Does taking a chemical test affect your license?
If you take a chemical test and the result shows an unlawful alcohol content or certain prohibited substances, the license consequences can depend on the circumstances of the offense and your driving record. These actions are separate from the criminal OWI case. The outcome of the criminal case can lead to additional license consequences.
What happens if you refuse the test?
A first refusal to submit to a required chemical test can result in a one-year license suspension. A second refusal within seven years can result in a two-year suspension.
You have 14 days from the refusal notice to request an administrative hearing. The hearing officer considers whether the officer had reasonable grounds to believe you committed a qualifying offense, whether you were arrested and whether you refused the test. If you do not request a hearing within 14 days, the Secretary of State can impose the applicable license sanction.
Can you drive while the case is pending?
Your ability to drive depends on the license action involved and what happens in your case. You may have a temporary permit or other driving restrictions depending on the circumstances. Do not assume that an OWI arrest means you cannot drive. Check your license status and understand any temporary permit, suspension or hearing requirements that apply.
Protecting your driving privileges requires quick action
Pay close attention to the 14-day hearing deadline if an implied-consent suspension is involved. Missing it can result in the Secretary of State imposing the applicable suspension. A Michigan OWI attorney can review the circumstances of your arrest and explain which license process applies.]]>On 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.]]>