Crenshaw Peterson & Associates PC

Crenshaw Peterson & Associates PC

Estate Planning and Elder Law 

Prenuptial Agreements
Prenuptial agreements are an important part of any estate plan for two primary reasons; it protects you in the event the marriage ends, and it protects your estate in the event you pass away. 

If you have been divorced, or even if this is your first marriage but you have accumulated assets, a prenup is an important tool to establish who those assets belong to should your marriage end.  Business assets are typically an important concern here, to ensure that if a divorce takes place, your ex spouse does not gain partial ownership in any business assets you may own or operate. 

They are equally important though to your overall estate plan.  Many second marriages are with the anticipation that their current estate plan shall remain in effect. And this is simply not the case, unless an agreement is reached stating that in death, the assets continue to go as you have designated them, and not to a spouse.  This is quite common for second marriages or late in life marriages where each partner has assets that they intend to remain with their family and pass to their children.  To guarantee this, we cannot leave the estate documents as they are, they must mention that you are now married and intend to disinherit a spouse, and a prenuptial agreement is where your spouse agrees that they have no interest in your assets.  Without that document, your new spouse can claim some of your assets in death as a forgotten spouse. So regardless of divorce, a prenup is a useful estate planning tool to complete the remainder of your estate planning documents.  

Divorce is the legal dissolution of a marital relationship. Matters pertaining to divorce are always emotional and multidimensional. We provide agressive representation in divorce, to help ensure you will receive a fair and equitable distribution of the marital estate, and fair and comprehensive child custody.

Child Custody/Parenting Time
It is important to understand that there are two types of custody: Legal and Physical. Legal Custody is the right to make important decisions regarding your child's health, schooling, spirituality, etc. Physical custody is the actual living arrangements for the child. With a change in custody or parenting time, there are important legal questions to consider: 

  • Is there an established custodial environment?
  • Is there proper cause to change custody?
  • -Has there been a change of circumstances?

Many times in an adversarial divorce, a parent is left with little to no custody or parenting time. We have been successful in getting clients the custody and parenting time that they deserve!

Child Support Modifications
Modifications in child support are available until the child reaches 18 years of age. Michigan law provides for modification:

As the circumstances of the parents and the benefit of the children require require.
Upon proper application of the court and due notice to the opposite party.
For proper cause shown or because of a change in circumstances.

It is also important to know that the friend of the court is required to periodically review support orders and dependent health care coverage in open cases. If you are interested in changing your child support order, please contact us.
David L. Zoglio is Of Counsel with Crenshaw Peterson and can assist with all your Family Law needs.  He has been practicing law in Michigan for 17 years providing legal representation to individuals, businesses and families. He provides a high level of legal counsel for our clients no matter their family law needs.
He has a B.S. from the Univ. Cincinnati (1989) and a J.D. from Thomas M. Cooley (1996).  He is currently a bar member of the State of Michigan, the U.S. District Court in the  Western District, Michigan.