no-fault Archives | Cordell & Cordell

Jennifer Paine Blogs About Michigan’s Auto No Fault Law and Divorce

Cordell & Cordell Attorney Jennifer PaineCordell & Cordell Michigan divorce attorney Jennifer M. Paine authored a guest blog on a family law attorney’s perspective on Michigan’s auto “No Fault” law for MichiganAutoLaw.com.

Specifically, Ms. Paine writes about the issue of No Fault benefits for children of divorced parents and whose auto insurance policy covers an injured child after a car accident.

“For family law attorneys, no fault automobile insurance law is just one of many areas that we must take into consideration in crafting our settlement agreements and preparing for trial – but, it is an ever increasingly important one,” Ms. Paine writes.

For more information on this often confusing issue of the intersection between Michigan’s No Fault laws and what happens after a divorce, please read Ms. Paine’s article, “An experienced family law attorney’s perspective on Michigan’s auto No Fault law.”

You can also read a related article, “Who pays for No Fault benefits for minor children of divorced parents injured in a car accident?” authored by Steven Gursten.

Oklahoma legislator one of several to blast family law system

A member of Fathers and Families (F & F) blasted the family law system that exists in Oklahoma, noting that it is unfair and often separates children from the fathers who they love and need, according to an article from the organization.

Fathers and Families reported that Chris Gregory, a member of F & F and former Marine, told an Oklahoma House of Representatives committee that the family law system in the state was unfair and rife with injustices.

The Oklahoma House of Representatives has previously conducted a study on family law in the state and the findings were seen to show a need for new legislation to be passed, the news source reported.

A release from the Oklahoma State Legislature noted that lawmakers may consider implementing a “no-fault” divorce statute and revising the laws in order to protect the children within the state.

“There is very little in the divorce process that is even remotely connected to the interest of the children,” State Representative Mark McCullough said in the release.

According to Fathers and Families, a specific case concerning Gregory raised concerns of injustice in the system, as the Oklahoma resident was left with only $26,688 out of his $125,000 salary following payments to his wife and court taxes.

Oklahoma lawmakers study repeal of no-fault divorce laws

A battle in Oklahoma’s family court system has raged regarding the repeal of the no-fault divorce laws that were enacted to try and limit the financial and emotional costs that would be incurred for all involved parties, according to the Tulsa Beacon.

Lawmakers are taking sides on the potential revamping of both the divorce statutes that exist in the state and the potential reorganization of the foster care system, the news source reported.

State Rep. Jason Nelson told the Beacon about the potential damage that can be caused due to the lack of no-fault splits in the state.

“Divorce scars children and leaves them emotionally disfigured,” said the lawmaker. “The current divorce laws are perverse and they are destroying children and our society.”

Chris Gregory, a resident who recently went through a nasty divorce, noted the emotional and financial burden that he went through during the difficult times.

MSNBC reported that the state of Oklahoma has one of the highest divorce rates in the country, making the laws for easing the process increasingly important.

No fault divorce a year later in New York

New York’s “no fault” divorce law went into effect on October 12, 2010, and the legislation was supposed to help residents of the state dissolve their marriages without having to allege fault, according to the Huffington Post.

Despite the passage of the law, which was signed into effect to prevent expensive court battles when individuals want out of a marriage, recent rulings have shown that there may not exist a change in the procedure, the news source reported.

However, a Nassau County Judge recently ruled in favor of an individual who wanted to divorce her spouse. The decision held up the “no fault” divorce law, as the dissolution of the marriage was granted without an extensive trial, according to the Post.

“[A] Plaintiff’s self-serving declaration about his or her state of mind is all that is required for the dissolution of a marriage on the ground that it is irretrievably broken,” Judge Falanga said in the ruling.

The ruling may set a precedent in the New York courts. No fault divorces are becoming increasingly popular around the country, as the grounds for the dissolution of a marriage have been limited in several states like Georgia, according to the News Junky Journal.

A prenuptial agreement can save the family business after divorce

Family-owned businesses are the backbone of the American economy and the communities they call home. However, a divorce in the family can rock the foundation of these businesses, especially in states with no-fault divorces in place, according to Forbes.

In these states, all property, including the family business, is considered marital property and must be divided equally. But even in states without no-fault divorce systems, the family business can pose many issues in a separation because it is often the most valuable and most illiquid asset in the marriage. It is rare for the business to survive in tact or without a substantial loss in value.

According to Forbes contributor Charley Moore, the best way to save the business is to have a prenuptial agreement in place. This legal document will easily clear up how marital property of shared ownership will be dealt with if a break-up occurs.

The National Federation of Independent Business states that in most cases, a business’s equity is split evenly when a prenuptial agreement is not present, but other considerations will be taken account in the division, such as whether the couple started the business together or if one spouse came on later as an owner.