Fraud as Basis for Annulment

The Washington Post has reported that the Kim Kardashian and Kris Humphries divorce has been taking over a year—mostly due to the fact that Kris Humphries is still compiling evidence to support his claim that the marriage should be annulled because of fraud.  But what type of fraud is he actually alleging?  As of right now, no one really knows.

In the state of Michigan, you can end your marriage by filing for one of three things: divorce, separate maintenance (legal separation), or annulment.  An annulment is only granted if the marriage itself was void from the beginning or the marriage is voidable. 

A void marriage in Michigan is a marriage that could not have taken place legally from the beginning.  What this means is that there was consanguinity, affinity, bigamy, minority, incapacity or incompetency.  In simple, plain English, this means the following:

• Consanguinity:  you married a blood relative prohibited by law.
• Affinity:  you married a blood relative of your spouse prohibited by law.
• Bigamy:  you married someone who was already married.
• Minority:  you or your spouse is under the age of 16, or between 16 and 18 and you didn’t get a parent’s consent.
• Incapacity & Incompetency:  you or your spouse has a mental illness or is mentally incompetent to the degree that you or your spouse cannot enter into a contract.

Marriages that are void as a matter of law (examples above) can be ended with an annulment.

Voidable marriages in Michigan mean marriages that can be voided for fraud, duress, sterility and impotence.  Sterility and impotence must be incurable.  In order to have your marriage annulled for these reasons, you must file for an annulment within two years of the marriage.  Examples of fraud and duress are as follows:

• You marry someone to obtain a green card (for immigration purposes only).
• A person is induced to marry because they are told that a child is biologically theirs, and this turns out not to be true.
• You marry under the influence of drugs or alcohol.  
• You marry someone who is barren or sterile and they do not tell you.
• You marry because you are threatened.  (duress)

The grounds for a voidable marriage must be proven with clear and convincing evidence in order to obtain an annulment.

There are, however, defenses to annulment.  This is particularly so if the spouse finds out about any of the reasons above and still lives with the other person even after finding out.  Cohabitation is a defense, and can overcome any request for an annulment based upon voidable grounds. 

Whether or not Kris Humphries will succeed with an annulment remains to be seen.  Fraud can be difficult to prove, and it is something he has to prove with clear and convincing evidence.  Just the fact that the marriage was short-lived is not a basis in and of itself to seek an annulment.  In any case, it should prove interesting to see if the annulment moves forward or if the court determines that there is no basis, and will only grant a divorce.

Read the Washington Post article here:   “Kim Kardashian’s divorce inches towardtrial, star’s attorney says she’s ‘handcuffed’ to ex"

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com, or visit the firm's website at www.psedlaw.com.  Wendy Alton is an attorney at the law firm of Pear Sperling Eggan & Daniels, P.C. in Ann Arbor, Michigan.

Holiday Help for those Struggling with Divorce

As if divorce or separation wasn’t hard enough—along comes Thanksgiving, Christmas and New Years. It is undisputed that those going through the tumultuous process of divorce feel increased depression and despair as the holidays approach. Most people try to manage these feelings themselves and get through the holidays without a support system. However, there is a tremendous amount of help and support for people going through a divorce, especially during the holidays.

There is a valuable website called DivorceCare, and you can click on the website here: www.DivorceCare.org. On this website, you can read articles, watch videos, sign up for daily encouragement emails, and most importantly, find a local support group for yourself, and also find a support group for your children. These groups meet weekly and are free to anyone who wants to attend. The website also has a bookstore with an incredible selection of books.

There is also a special section for people divorcing as we move toward the holidays: www.divorcecare.org/holidays/event. This is a special Surviving the Holidays event (free) that features video instruction and group discussion on how to get through the holidays. If you attend the event, you have the opportunity to talk with other people who are going through the same issues, and also receive a free Holiday Survival Guide.

If you are going through a divorce, a separation, or are facing the holidays for the first time after a divorce, you do not have to go through these holidays alone. You also don’t have to manage feelings of depression or despair by yourself. Look through the materials on the DivorceCare website and find a group to join. There are people eager to help.

For more information, contact Wendy Alton at 734-665-4441 or at walton@psedlaw.com.

Former Detroit Piston Ronald 'Flip' Murray Convicted of Desertion & Abandonment

The Oakland Press has reported that former Detroit Piston Ronald ‘Flip’ Murray was prosecuted and sentenced for a criminal charge of desertion and abandonment, which is basically, unpaid child support:  arrested and jailed for unpaid child support:  Former Piston 'Flip' Murray owes Pontiac woman thousands in child support.  Murray was sentenced to 11 months in jail, but will only serve that sentence if he does not pay the child support that he owes, which is $53,053.

In Michigan, child support obligations are enforced by not only the courts, but also the local prosecutors and even the attorney general’s office.  For non-payment of child support, the Friend of the Court can garnish your tax refunds, suspend your driver’s license, file a lien against your property, report the debt to credit agencies, garnish a private pension or retirement, and issue a bench warrant for your arrest.  Additionally, in cases where the amount of support owing is excessive, the Friend of the Court can refer the case to the local prosecutor for felony charges.  Felony non-support cases can also result in jail sentences.

In this particular case, the Michigan Attorney General instituted criminal charges of desertion and abandonment under state law, which can be found here:  MCL 750.161.  The maximum sentence if convicted is 3 years in jail.

What people don’t always realize is that child support is modifiable in Michigan.  The Friend of the Court can conduct an automatic review of child support every 36 months.  However, if there is a substantial change in income, a parent can file a request for modification and have it reviewed, even if it hasn’t been 36 months.

The court and Attorney General will also work with parents on overdue support.  However, an effort must be made to make timely payments, and if the parent is unemployed, to find viable employment. 

The lesson is clear—if there is a substantial change in income, it is important to request modification of child support.  If the person paying child support becomes delinquent, the penalties can be excessive and extreme, and, in some cases, avoidable.

If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

 

 

Wendy Alton Named 2012 Super Lawyers Rising Star

Wendy Alton has been named to the 2012 Michigan Super Lawyers "Rising Stars" list as one of the top up-and-coming attorneys in Michigan for 2012.  The attorneys named as "Rising Stars" are attorneys who have demonstrated a high degree of professional achievement and peer recognition.  Wendy is an attorney with Ann Arbor Michigan law firm of Pear Sperling Eggan & Daniels PC, and focuses in family law, divorce, custody, probate & estate planning.

Each year, no more than 2.5% of the lawyers in Michigan receive the presitgious honor of being named a "Rising Star."  The selection process begins with a nomination from another lawyer who has personally observed that lawyer in action--either in a courtroom, as a co-counsel or an opposing counsel.  Then, the team at Super Lawyers, A Thomson Reuters business, conducts a rigorous investigation into the nominated attorney's credentials, assigning points based upon a set of defined evaltuation criteria.  This investigation also involves a statewide survey of attorneys and peer review.  The lawyers that rank the highest in this evaluation, survey & peer review are named to the "Rising Stars" list, and again, represent no more than 2.5% of the lawyers in the state of Michigan.

The "Rising Stars" list is published nationwide in the Super Lawyers magazine, and in other national publications, as well as online at the Super Lawyers website.  For more information, visit the website at superlawyers.com.

You can learn more about Wendy and her firm, Pear Sperling Eggan & Daniels PC, on their website:  PSEDLAW.COM.

Wendy S. Alton

visit superlawyers.com

Career Move

On September 4, 2012, I will begin a new chapter in my career as I join the Ann Arbor, Michigan, law firm of Pear, Sperling, Eggan & Daniels, P.C.  I will still be focusing in family law (divorce & custody), estate planning (wills & trusts), and probate (estates, guardianships & conservatorships).  While I will miss the team at Fausone Bohn, LLP and 18th District Court in Westland, I am excited to be joining such a wonderful firm.

Pear, Sperling, Eggan & Daniels P.C.

Paternity is Redefined in Michigan

Paternity in Michigan has been completely redefined. The law in Michigan since 1956 has presumed that a child born in a marriage was the product of that marriage. This presumption existed even if the husband was not the biological father, and that fact could be proven.

As of June 12, 2012, pursuant to a new law signed in by the Governor of Michigan, paternity can now be established by the biological father even if the child was born in a marriage. This new law grants biological fathers rights over presumed fathers (men presumed to be the father because the child was born during the marriage.

However, very specific circumstances have to exist in order for paternity to be established, and there are extensive requirements in place with the new law. The primary circumstance that must exist is that paternity must be sought within 3 years of a child’s birth, or within 1 year of the entry of an Order of Filiation (paternity), whichever is later. This is merely one requirement, and the remaining requirements are too numerous to list here.

There is also a provision in the law allowing paternity actions under the new act even if the 3 year requirement isn’t met, provided they are filed within 1 year of enactment of the new law, again, under specific circumstances.

If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

New Durable Power of Attorney Requirements in Michigan

On May 23, 2012, the Governor of Michigan signed a new law pertaining to Durable Powers of Attorney. The new law, Public Act 141 of 2012, lists new requirements for Durable Powers of Attorney, which become effective for all Durable Powers of Attorney signed after September 30, 2012.

A Durable Power of Attorney is a legal document that designates an agent who can act on your behalf for all of your financial transactions. Most of the time, Durable Powers of Attorney are effective only upon someone’s disability.

The new law requires that two witnesses sign the Durable Power of Attorney, or that it is notarized, or both. Further, the Durable Power of Attorney is now not effective unless the designated agent signs an acceptance of designation that sets forth all of their duties. This is the most significant change in the law.

While the law is only prospective and has no legal effect on Durable Powers of Attorney signed before October 1, 2012, it is highly probable that the banks will begin to refuse to honor any Durable Powers of Attorney that do not comply with the new requirements. It is a good idea to have an attorney look at your Durable Power of Attorney or revise it to comply with the new law, thus eliminating any potential problem in the future.

If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
 

More on Spying on Spouses

I was recently interviewed by Carlton Purvis of Security Management Magazine, on different types of technology that spouses use to spy on each other--particularly in divorce settings.  Michigan has rather strict laws regarding such surveillance, and typically the surveillance doesn't matter as much to a divorce case as people generally think.

That being said, the article is available here:  Why Valentine's Day Surveillance May Not Be a Good Idea

For more information on the Leon Walker case, out of Oakland County, read my previous blogs:

Reading your Spouse's emails:  Snooping or Hacking?

Reading your Spouse's Email Could be a Crime



If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.