New Year, New Estate Plan: Why 2025 Is the Perfect Time to Secure Your Future

Divorce can be a daunting and emotional process. Understanding the legal steps involved can help ease some of the stress and uncertainty. In Michigan, the divorce process involves several key steps, from filing the initial paperwork to finalizing the divorce decree. This guide will walk you through each step, providing clarity and guidance along the way.

Step 1: Filing the Complaint for Divorce

The first step in the divorce process is filing a Complaint for Divorce. This document outlines your desire to dissolve the marriage and includes basic information about both parties, any children involved, and the grounds for divorce. Michigan is a no-fault divorce state, meaning you do not need to prove wrongdoing by your spouse. Instead, you can simply state that there has been a breakdown of the marital relationship.

Picture Recommendation: An image of a person filling out divorce paperwork, with a focus on the “Complaint for Divorce” form.

Step 2: Serving the Complaint

Once the Complaint for Divorce is filed, it must be served to your spouse. This can be done through a process server, sheriff’s deputy, or by certified mail. Your spouse then has 21 days to respond if they were served in person, or 28 days if they were served by mail. The response may agree with or contest the terms laid out in the complaint.

Picture Recommendation: A photo of a process server handing legal documents to an individual.

Step 3: Temporary Orders

During the divorce proceedings, you may need temporary orders for issues like child custody, child support, spousal support, and use of marital property. These orders provide stability and address immediate needs until the final divorce decree is issued. Either party can request temporary orders, and a hearing may be held to determine the terms.

Picture Recommendation: An image of a judge or courtroom during a hearing for temporary orders.

Step 4: Discovery

Discovery is the process where both parties gather information and evidence from each other. This can include financial records, property appraisals, and any other relevant documentation. The goal is to ensure both parties have a clear understanding of the marital assets and debts. Discovery can be done through written questions (interrogatories), requests for documents, and depositions.

Picture Recommendation: A picture of legal documents and financial statements spread out on a table, indicating the discovery process.

Step 5: Negotiation and Settlement

Many divorce cases in Michigan are settled outside of court through negotiation or mediation. During this step, both parties, often with their attorneys, work to reach an agreement on key issues such as property division, child custody, and support. Mediation is a facilitated negotiation process that can help resolve disputes amicably.

Picture Recommendation: A photo of a mediation session with a mediator and two parties discussing the terms of their settlement.

Step 6: Trial

If the parties cannot reach a settlement, the case will go to trial. During the trial, both sides present evidence and arguments, and a judge makes the final decisions on contested issues. This can include testimony from both spouses, expert witnesses, and any relevant documentation. The judge then issues a judgment of divorce based on the evidence presented.

Picture Recommendation: An image of a courtroom with a judge presiding over a divorce trial.

Step 7: Judgment of Divorce

After the trial, the judge will issue a Judgment of Divorce, which is the final decree that legally ends the marriage. This document outlines the terms of the divorce, including property division, child custody, child support, and spousal support. Once the judgment is signed by the judge, the divorce is official.

Picture Recommendation: A picture of a judge signing legal documents or a close-up of the “Judgment of Divorce” document.

Step 8: Post-Divorce Matters

Even after the divorce is finalized, there may be post-divorce matters to address. This can include enforcing the terms of the divorce decree, modifying custody or support arrangements, and addressing any issues that arise regarding the implementation of the judgment. It’s important to stay in communication with your attorney to ensure compliance and address any post-divorce concerns.

Picture Recommendation: An image of a divorced individual consulting with their attorney post-divorce.

Tips for Navigating the Divorce Process

Hire an Experienced Attorney: A skilled family law attorney can provide invaluable guidance and representation throughout the divorce process.
Stay Organized: Keep detailed records of all documents and communications related to your divorce.
Prioritize Children’s Needs: If you have children, focus on their well-being and work towards a parenting plan that serves their best interests.
Be Prepared for Emotions: Divorce is an emotional journey. Seek support from friends, family, or a counselor to help manage your feelings.
Consider Mediation: Mediation can be a less adversarial way to resolve disputes and reach a settlement that works for both parties.

Divorce is never easy, but understanding the steps involved can help you navigate the process more effectively. At Childers Bosch, we are committed to providing compassionate and knowledgeable legal support to help you achieve the best possible outcome for your family. Contact us today to learn more about how we can assist you during this challenging time.

Picture Recommendation: A supportive image of a family or individual looking hopeful, symbolizing the fresh start after a divorce.

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“If you look at what you have in life, you’ll always have more. If you look at what you don’t have in life, you’ll never have enough.” –Oprah Winfrey

As the new year begins, it’s the perfect opportunity to reflect on your personal and financial goals. While many people focus on resolutions related to health, career, or travel, one area often overlooked is planning for the future—specifically, your estate plan.

An estate plan is one of the most important tools for ensuring your wishes are honored, protecting your loved ones, and minimizing potential legal issues after your passing. Whether you’re starting from scratch or need to update your current plan, taking steps to secure your legacy in 2025 can provide peace of mind and set the stage for a smooth future.

Here’s why creating or updating your estate plan should be a priority this year and how to get started.

What Is an Estate Plan, and Why Is It So Important?

At its core, an estate plan is a collection of legal documents that outline your wishes regarding how your assets, finances, and healthcare decisions will be handled if you’re unable to make decisions yourself or after you pass away. Without a clear estate plan, your loved ones may face unnecessary stress, delays, and legal battles when trying to settle your estate.

Key components of an estate plan typically include:

Will: A legal document specifying how you want your property to be distributed after your death.
Trust: A legal arrangement that holds your assets for the benefit of your beneficiaries, which helps to avoid probate and reduce estate taxes.
Power of Attorney: A document that designates someone to manage your financial and legal affairs if you’re incapacitated.
Healthcare Directive or Living Will: A document that outlines your healthcare wishes in the event you’re unable to communicate them yourself.

An estate plan isn’t just for the wealthy—everyone, regardless of the size of their estate, can benefit from having one. If you don’t have one in place, or if your existing plan is outdated, now is the perfect time to act.

Why the New Year Is the Perfect Time to Focus on Your Estate Plan

A Fresh Start
The start of a new year is a natural time for reflection and goal setting. It’s a moment to pause, assess your life situation, and think about what matters most to you. Your estate plan plays a key role in your legacy and ensuring your loved ones are taken care of.
Major Life Changes May Have Occurred
Whether it’s a marriage, divorce, the birth of a child, or the loss of a loved one, many life changes happen over the course of a year. Any of these events could impact your estate planning needs. If you don’t review your plan, it might not reflect your current life situation or wishes.
Estate Laws May Have Changed
Laws governing taxes, inheritance, and estate planning frequently change. A new tax law or change in inheritance regulations could impact how your estate is distributed or how much your heirs may owe in taxes. Keeping your estate plan current helps ensure it’s aligned with the latest laws.
A Sense of Control and Peace of Mind
Taking the time to set up or update your estate plan gives you control over your legacy. Knowing that your family and loved ones will be cared for in the event of your passing or incapacity can offer significant peace of mind, freeing you to focus on the things that matter most to you in the new year.

What to Consider When Creating or Updating Your Estate Plan in 2024

Whether you’re creating an estate plan from scratch or reviewing an existing one, there are several key areas to focus on:

1. Review Your Beneficiaries

The people and organizations you want to inherit your assets may have changed. For example:

Have you had children or grandchildren since your last update?
Are there beneficiaries you need to add or remove?
Are your current beneficiaries still alive or still part of your life?

Ensure your will and any trusts reflect your current wishes.

2. Update Your Healthcare Directives

If you haven’t already, consider adding or reviewing a living will and healthcare power of attorney. These documents designate someone to make medical decisions for you if you’re unable to do so, and outline your wishes for end-of-life care. If you’ve had changes in relationships, such as a divorce or a new marriage, it may be time to revise who holds these responsibilities. Similarly, if you previously named someone who has moved a long way away, this could prompt a need to update old documents.

3. Review Your Trusts

If you have a trust, make sure it still aligns with your current goals. Trusts can be useful for:

Avoiding probate
Reducing estate taxes
Protecting assets from creditors
Leaving specific instructions for how your assets should be used

If you don’t have a trust, now might be the right time to consider establishing one.

4. Choose or Reevaluate Your Executors/Trustees

Your executor is the person who will carry out the instructions in your will and manage your estate after your death. Similarly, a Trustee is the person who carries out the instructions in your Trust. This person should be trustworthy, organized, and capable of handling the responsibilities involved in settling your estate. If you’ve had significant changes in your relationships or if the person you originally named is no longer suitable, consider appointing a new executor.

5. Consider Your Digital Assets

In today’s digital age, your digital assets—such as online bank accounts, social media profiles, or cryptocurrency holdings—should also be part of your estate planning. Include detailed instructions for how these should be handled and who will have access.

6. Plan for Possible Incapacity

It’s not just about what happens after you die. You should also plan for the possibility of becoming incapacitated and unable to manage your own affairs. A durable power of attorney can appoint someone to handle financial matters on your behalf, and a Patient Advocate Designation or Healthcare Power of Attorney can appoint someone to manage medical decisions if you can’t communicate them yourself.

Steps to Take Today

If you’re ready to create or update your estate plan in 2025, here are some practical steps to get started:

Gather Your Financial Information
Collect details about your assets, liabilities, and accounts. This will help you and your attorney assess how to best structure your estate plan.
Set Up A Consultation with our Estate Planning Attorney
It’s always best to work with an experienced estate planning attorney who can tailor your plan to your specific needs, ensure compliance with state laws, and address any complex issues such as tax planning or asset protection.
Review and Update Regularly
Even after you’ve created your estate plan, it’s important to review it periodically. Laws and circumstances change, and it’s crucial to update your plan accordingly. Set a reminder to review your plan every 5 years or after any significant life events.

Final Thoughts

Starting the new year with a clear and updated estate plan is one of the best decisions you can make for your peace of mind and the well-being of your loved ones. It ensures that your wishes will be respected, helps minimize family conflict, and provides a roadmap for how your affairs should be managed if you’re no longer able to do so.

In 2025, take control of your future and your legacy by dedicating time to establish or update your estate plan. It’s a powerful way to protect what matters most to you—and those you care about—now and in the years to come.

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