Toburen Law PLC Toburen Law PLC 2026-07-02T09:56:05Z https://www.toburenlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204608/2023/10/cropped-Toburen-fav-icon-32x32.png On Behalf of Toburen Law PLC <![CDATA[Could collaborative divorce be beneficial to your mental health?]]> https://www.toburenlaw.com/?p=256115 2026-06-29T09:57:04Z 2026-07-02T09:56:05Z What makes collaborative divorce different? Traditional divorce proceedings often involve courtroom battles and hostile tactics. Collaborative divorce focuses on cooperation and mutual respect. You and your spouse work together with trained professionals. Together, you could reach agreements that may benefit both parties. This approach can reduce the stress and anxiety that typically come with divorce proceedings. When you choose collaboration over confrontation, you may maintain more control over the outcome. You are not leaving major life decisions in the hands of a judge who does not know your family. Instead, you participate actively in creating solutions that could work for your unique situation. This sense of control can be empowering. It may help you feel less helpless during an overwhelming process.

How does this approach support your well-being?

The collaborative process allows you to access mental health and financial support that goes beyond legal matters. This additional guidance can help you navigate the emotional aspects of divorce. It could also ensure that your practical concerns are addressed thoughtfully. Communication is another key benefit. Rather than speaking through lawyers in hostile exchanges, you engage in structured conversations designed to find common ground. This respectful dialogue can prevent conflicts from getting worse. Escalating conflicts often harm mental health and create lasting emotional pain. Your children may also benefit from this approach. When parents work together cooperatively, it shows healthy conflict resolution. It may also reduce the trauma children often experience during divorce. Knowing that you are protecting your children from unnecessary conflict can provide peace of mind during this difficult period. Additionally, collaborative divorce could be resolved more quickly than traditional court battles. A shorter process means less time living in uncertainty and stress. You can begin rebuilding your life sooner, which is important for your emotional recovery. While collaborative divorce may not be suitable for every situation, it offers a path that prioritizes dignity, respect and emotional health during this challenging transition.]]> On Behalf of Toburen Law PLC <![CDATA[Are your inherited business shares at risk in divorce?]]> https://www.toburenlaw.com/?p=256107 2026-05-22T14:47:28Z 2026-05-22T14:47:28Z Why inherited business shares can raise unique concerns Inherited business shares are not like cash in a bank account or a piece of real estate. A family business may generate income, involve relatives in ownership or management and play a role in long-term family wealth. That can raise concerns such as:
  • Ownership interests tied to family wealth
  • Income connected to business performance
  • Business operations that affect employees or relatives
  • Financial interests shared across generations
  • Family relationships tied to the company itself
These issues can make divorce involving inherited business shares different from disputes over more traditional assets. The business may not only have financial value, but it may also affect family relationships, household income and long-term planning in ways that add another layer to the divorce process.

Why inherited business shares may face closer review

Michigan law generally treats inherited business shares as separate property when you keep them separate from marital assets. However, courts may look more closely at certain facts if questions arise about legal exceptions, a spouse’s contribution or the role those shares played during the marriage. For example, a dispute may involve whether a spouse contributed to the growth or accumulation of value tied to the business interest. Questions may also arise if income from those shares became part of the couple’s broader financial picture during the marriage. The outcome can depend on the facts of the marriage, the nature of the business interest and how you handled those shares over time.

Divorce can involve more than ownership of the shares

Even when inherited shares are the main concern, divorce may involve more than ownership itself. Business income, business value and the role the asset played during the marriage can become part of the financial discussion, depending on the facts. If you inherited shares in a family business, the issue may not come down to inheritance alone. Divorce may also raise questions about how that ownership interest functioned during the marriage and whether related financial issues become part of property division. That can make divorce involving inherited business interests more fact-specific than disputes over more traditional assets.]]> On Behalf of Toburen Law PLC <![CDATA[What do you need to prepare before a divorce mediation?]]> https://www.toburenlaw.com/?p=256104 2026-04-28T06:15:52Z 2026-04-28T06:15:52Z Organizing your financial records early One of the most important steps before mediation is assembling a thorough picture of your household finances. This means gathering recent tax returns, pay stubs, bank and investment account statements, mortgage documents and retirement account summaries. Michigan requires both spouses to provide full financial disclosure during divorce proceedings, and mediation is no exception. Having your records organized ahead of time allows you to speak knowledgeably about income, expenses and assets when the mediator raises those topics. If either party owns a business or holds stock options, those records should be part of your preparation as well. Complex assets may require additional documentation, and your attorney can help you determine what to bring.

Identifying the major issues at stake

Mediation sessions usually address several key areas:
  • Division of marital property, such as real estate, vehicles and financial accounts
  • Child custody (both legal and physical) and parenting time schedules
  • Spousal support (alimony), which is based on one party's need and the other's ability to pay
Some of these topics may not apply to your situation, but a clear view of what the process can cover makes it easier to evaluate your position and prepare for the discussion.

Setting clear goals and realistic boundaries

Entering mediation without a clear sense of your priorities can make the process feel overwhelming and push you into reacting instead of thinking ahead. Taking time in advance to sort out what matters most and where flexibility exists can make each step easier to manage. One approach is to organize your goals into tiers: outcomes you feel strongly about, areas where you are open to compromise and points you are willing to concede. This structure helps you make decisions more efficiently when the conversation moves quickly. At the same time, it helps to keep expectations grounded. The process aims to reach an agreement that both sides can accept, so each side often gives up something along the way. Keeping that in mind can make the process feel steadier and more focused as it moves forward.]]> On Behalf of Toburen Law PLC <![CDATA[4 key types of divorce to dissolve your marriage in Michigan]]> https://www.toburenlaw.com/?p=256055 2026-04-16T13:17:54Z 2026-04-21T13:17:08Z When you decide to end your marriage in Michigan, you face an important choice. The state offers four distinct types of divorce and each one meets different needs and circumstances. Thus, understanding these options helps you make the best decision for your future.

When you cannot agree with your spouse

A contested divorce may be the right option when you and your spouse cannot agree on major issues, such as dividing property, child custody or spousal support. In these cases, the court usually steps in to help settle the disputes. However, not all divorces turn into legal battles. In fact, many couples are able to reach an agreement without a judge’s involvement.

When you both agree on key issues

Meanwhile, an uncontested divorce works when you and your spouse agree on all major terms. You resolve issues like dividing property and setting parenting arrangements outside of court. The process is often faster because the court typically just reviews and approves your agreement. Many couples choose this option when they can communicate effectively and want to minimize conflict. Whether your divorce is contested or uncontested, Michigan law applies one key principle to every case.

When no one is at fault

Consequently, Michigan requires all divorces to follow a no-fault standard. This means you don't need to prove wrongdoing by either spouse. This approach removes the blame game from divorce proceedings. This requirement makes the process less hostile and more focused on practical solutions. Beyond the traditional court-based options, Michigan also offers a more cooperative alternative for couples who want to work together.

When you want to collaborate together

On the other hand, a collaborative divorce uses a team approach to end your marriage. You and your spouse each hire trained attorneys to help you negotiate directly. You may also work with financial advisors, child-focused professionals or divorce coaches. Everyone agrees to reach a settlement without going to court. This option can work well if you want to stay respectful, especially when you have children.   Now that you understand the four options, you can decide which one best fits your situation.

Choosing the best type for your unique situation

Each type of divorce fits different circumstances and goals. The best option depends on your relationship with your spouse, your finances and what matters most to you moving forward. Some people do well with a collaborative, team-based approach, while others may need support through the court process. Thus, taking the time to review your options carefully can help you choose a path that safeguards your interests and supports a smoother transition into the next chapter of your life.]]> On Behalf of Toburen Law PLC <![CDATA[4 practical questions to ask about collaborative divorce]]> https://www.toburenlaw.com/?p=256095 2026-04-08T09:22:09Z 2026-04-13T09:20:53Z For many spouses, collaborative divorce represents a more deliberate way to end a marriage. It shifts the focus away from courtrooms and toward resolution. Still, even well-intentioned decisions come with uncertainty. There are questions people tend to hold back—about cost, fairness and what happens if things do not go as planned. Addressing those questions early can lead to more informed decisions later.

1.Can collaboration still work if there was mistrust during the marriage?

Many assume collaborative divorce only works when both spouses are on good terms. In reality, that is rarely the starting point. Most divorces involve some level of mistrust. This may relate to finances, communication or past decisions. Collaborative divorce does not require full trust at the outset. Instead, it creates a structured setting where transparency is expected. Under the Uniform Collaborative Law Act, both parties agree to share relevant information openly. If one party withholds details or refuses to participate in good faith, the process can end, and both attorneys must withdraw. This framework helps create accountability, even when trust is limited.

2. Is collaborative divorce actually more affordable—or just less confrontational?

Cost is often a central concern, even when the goal is to reduce conflict. Collaborative divorce can be more efficient than litigation because it avoids extended court proceedings, formal discovery battles and repeated filings. It also allows both parties to move at a controlled pace. At the same time, the process may involve additional professionals, such as financial specialists or child-focused experts. These roles can add cost, but they are often used to streamline decisions and prevent disputes from escalating. For many, the advantage lies in predictability. The process is more structured, and both parties have a clearer sense of how time and resources are being used.

3. Will being cooperative put one party at a disadvantage?

This concern often goes unspoken but carries real weight. Choosing a collaborative approach does not mean giving up legal protection. Each spouse has independent legal counsel throughout the process. Their role is to provide guidance and ensure that any agreement is informed and reasonable. The difference is in how negotiation takes place. Instead of focusing on positions, the process centers on practical outcomes. That does not require either party to accept terms that are unfair or unsustainable. Cooperation in this context is not about conceding; it is about reaching decisions that both sides can realistically maintain.

4. What if the process starts well, but falls apart halfway through?

It is reasonable to ask what happens if collaboration does not lead to a full agreement. If the process breaks down, it does not transition directly into litigation with the same attorneys. Under the participation agreement, both lawyers must withdraw, and each party would need to retain new counsel to proceed in court. While this may seem like a limitation, it serves an important function. It encourages both parties to remain committed to resolving issues within the collaborative framework. Even when the process does not fully succeed, it can still provide value. It may help organize financial information, clarify priorities and narrow the scope of unresolved issues before litigation begins.

A more practical way to evaluate collaborative divorce

Collaborative divorce is not defined by how amicable a couple appears at the start. It is defined by whether both parties are willing to engage in a structured and transparent process. Legal counsel can help assess whether collaborative divorce is appropriate, explain how the process would apply to a specific situation and confirm that any agreements reached are informed and sustainable.]]> On Behalf of Toburen Law PLC <![CDATA[3 myths about collaborative divorce that hold people back]]> https://www.toburenlaw.com/?p=256056 2026-02-09T09:17:29Z 2026-02-09T09:17:29Z When divorce is on the table, it is natural to want a process that protects your family. Many couples consider collaborative divorce but hesitate due to myths about risk. In reality, collaborative divorce is often misunderstood as practiced in Michigan divorces. Getting the right information can help you decide if this approach is right for your family.

Myth 1: Collaborative divorce means giving up legal protection

It is easy to assume that collaboration means you lose leverage. However, that is not how collaborative divorce works. You and your spouse each have your own attorney. Your lawyer advises you throughout the process. A judge must sign the final divorce judgment and approve all your agreements, especially those for your children. This includes rules on property division, support and parenting matters. The law stays the same. The difference is how you work toward solutions.

Myth 2: Collaborative divorce only works for “easy” cases

Many people believe collaborative divorce is only for short marriages or couples with few assets. That belief does not reflect how collaborative divorce works in Michigan. Collaborative divorce may support complex family situations, including blended families and business interests. Michigan follows equitable distribution. This means fair, not always equal, division. The collaborative process gives you more control over how those rules apply to your situation.

Myth 3: If emotions rise, the process automatically fails

Divorce is emotional, even when you want an amicable outcome. The collaborative process is designed to manage conflict, not avoid it. The agreement typically requires all parties to act in good faith and reasonably disclose all relevant information. You and your spouse agree to work toward resolution with openness and respect. And when emotions rise, neutral professionals may assist you. If the process moves to litigation, the collaborative attorneys must withdraw and you will need to hire new counsel. This encourages everyone to stay committed to settlement. If collaboration no longer works, you may still pursue litigation with new counsel. For many families, this structure promotes focus and stability.

Finding a path that protects your family

Collaborative divorce puts you in control. Through this, you make informed decisions while keeping your family’s best interests in mind. It does not avoid difficult conversations, but it helps reduce conflict. If privacy, respect and long-term relationships matter to you, learning how collaborative divorce works may be the first step in your next chapter.]]> On Behalf of Toburen Law PLC <![CDATA[Can I write my wishes on a piece of paper and be done with it?]]> https://www.toburenlaw.com/?p=256057 2026-01-30T13:54:31Z 2026-01-30T13:54:31Z When you have made the decision to document your final wishes, a quick pen-and-paper note often seems like the simplest solution. After all, if it clearly states your intent, shouldn't that be enough? In general, the answer is no. Relying solely on a handwritten note often leads to the exact complications you were trying to avoid.

Legal status of handwritten wills

A common misconception is that a handwritten note automatically holds no legal weight. In some states, this is true, but Michigan law offers a specific exception for documents called holographic wills. Holographic wills are handwritten estate planning documents that do not need witnesses, unlike a traditional typed will. You can, in theory, create a legally recognized will simply by writing it yourself. To be valid under state law, the material portions, or the parts stating who receives what, must be entirely in your handwriting. You must also sign and date the document. Most importantly, the document must clearly show you intended it to serve as your last will and testament.

Following the minimum requirements is a risk

While holographic wills can be valid, this seemingly simple document can easily become a major liability for you and your loved ones:
  • Ambiguous language: You might use common words that lack the required legal precision, leaving asset distribution open to a judge’s interpretation.
  • Missing key roles: You may miss naming a personal representative (executor) who manages your estate, forcing the court to appoint one.
  • No backup plans: The document may fail to name alternate beneficiaries if your primary choices pass away before you do.
  • Guardianship omissions: You may miss the chance to officially nominate guardians for any minor children, leaving that critical decision to the courts.
  • Asset incompleteness: The note might fail to address all types of property, such as digital assets or specific financial accounts.
Courts must still verify the handwriting's authenticity and determine your true intent without the supporting testimony of witnesses. This often opens the door for disagreements among your heirs, turning asset distribution into a long, expensive court fight. If courts find handwritten wills invalid, Michigan's intestacy laws determine who receives your property. These laws follow a strict formula based on family relationships rather than your personal wishes.

Formal wills protect your family and estate

You protect your beneficiaries when you eliminate potential grounds for a legal dispute. Creating a formal will, properly witnessed and executed, typically provides the strongest defense against such challenges. This security is the true goal of estate planning. Witnesses offer clear proof that you possessed testamentary capacity (you understood what you were doing) and no one pressured you to sign. These safeguards are completely missing from an unwitnessed handwritten note. A formal will can also incorporate tax planning strategies that preserve more of your estate for your beneficiaries. These provisions might include trust arrangements that provide for loved ones with special needs or protect assets for minor children until they reach an appropriate age.

Securing your peace of mind

Your handwritten notes make an excellent starting point for estate planning. Consider jotting down your wishes and bringing these notes to a consultation with a legal professional. This approach can give you the best of both worlds: you clarify your thinking first, then get the legal experience and skills to make it binding. Your final gift to your family includes not just your assets but also the peace of mind that comes with a legally sound estate plan.]]> On Behalf of Toburen Law PLC <![CDATA[3 ways to support your children during your divorce]]> https://www.toburenlaw.com/?p=256058 2026-01-13T12:28:11Z 2026-01-13T12:28:11Z Reassure them that your breakup is not their fault Before informing your children about the divorce, you and your spouse should agree on a strategy for how the discussion will take place. By being caring parents, you can both explain the reason for your breakup to your children in a manner that relieves them of any feelings of guilt. Telling them simple words of reassurance like "our divorce is not your fault" and “our love for every single one of you will never change" can help convey these thoughts. If they have any recurring questions about your divorce, be patient and always answer them with honesty.

Establish stability through clear routines

As your family’s life starts to shift, it is important for you and your spouse to remain organized and provide your children with a stable environment to return to. By creating clear routines for each of your children's daily activities, you help foster security and comfort in your household. This practice not only helps reduce their confusion but also facilitates a more seamless and less anxiety-inducing transition process.

Spend quality time together

Another great method that you and your spouse can use to express support towards your children is by planning your parenting time schedule together. By creating chances to connect with your kids in healthy ways, you encourage them to express their emotions with full transparency. When you maintain this kind of communication and relationship with your children, you help transform your bonds and build their confidence.

Your children deserve the best

By deciding to part amicably, you and your spouse can work collaboratively in reaching a fair divorce settlement agreement. This step not only helps streamline your divorce but also aims to provide your children with an easier transition to their new lives and living arrangements.]]> On Behalf of Toburen Law PLC <![CDATA[How collaborative law works in Michigan family law?]]> https://www.toburenlaw.com/?p=255958 2025-11-07T09:25:40Z 2025-11-13T10:36:43Z If you are facing divorce, child custody or property disputes, the legal processes involved can feel stressful and uncertain. Collaborative law may offer a way for you and your spouse to address these matters without going to court. This approach allows you to stay more involved in decisions and work toward solutions together rather than leaving outcomes solely to a judge.

The foundation of collaborative law

Michigan follows the Uniform Collaborative Law Act, which outlines how you and your spouse can resolve disputes voluntarily outside of court. Each of you will retain a collaborative attorney and sign a participation agreement committing to honesty, transparency and reaching a settlement. This approach tends to work best when both of you can communicate and cooperate in the divorce process. If negotiations break down, your collaborative attorneys must step aside and you would need new counsel for court proceedings. Knowing this in advance can help you decide if collaborative law fits your situation.

How collaborative divorce works

The process will likely start with meetings involving you, your spouse and both of your attorneys to clarify priorities and expectations. You may also involve neutral professionals, such as a financial adviser, child specialist or divorce coach, to help guide decisions and provide support. During joint sessions, you will openly discuss parenting time, child support, property division and co-parenting strategies. Your attorneys guide the conversations to keep them constructive, helping you maintain a cooperative rather than adversarial tone. When both of you reach an agreement, the lawyers draft a settlement that a judge reviews and approves, making sure it meets Michigan legal requirements.

Benefits you might expect in the process

Choosing collaborative law may provide several advantages:
  • Keeps your discussion private instead of using a public courtroom
  • Encourages open communication and reduce conflict
  • Creates personalized solutions that suit your family
  • Saves time and reduce legal costs compared with traditional litigation
  • Focuses on your children’s best interest throughout the process
This approach may work especially well if you want to maintain respect and empathy during a difficult transition.

When collaborative divorce may not be the best fit

Collaborative law relies on trust and full disclosure. If your spouse refuses to cooperate, hides information, or if there’s a history of abuse or significant power imbalance, traditional court proceedings may better protect your interests. Legal professionals can typically screen for these issues before starting the collaborative process.

Finding a path that fits your goal

Collaborative law creates space for teamwork, dignity and shared decision-making. When both you and your spouse approach it in good faith, it can help you part ways amicably, support cooperative co-parenting and focus on legal solutions rather than conflict.]]> On Behalf of Toburen Law PLC <![CDATA[Common mistakes when trying to disinherit someone]]> https://www.toburenlaw.com/?p=255957 2025-09-22T22:19:32Z 2025-09-22T22:19:32Z Don’t make these mistakes when attempting to disinherit someone There are several errors that can be made when trying to disinherit someone. Here are some of the most common and most detrimental that you could make if you’re not careful:
  • Using ambiguous phrasing: When you disinherit someone, you need to be unequivocally clear. If you use vague or ambiguous wording, then your intent can be misinterpreted. This leaves your estate susceptible to legal challenge, which can be costly and time-consuming while also threatening to lead to an undesired outcome.
  • Failing to use a no-contest clause: This provision in your estate plan specifies that any beneficiary or heir who challenges the estate and is unsuccessful will be disinherited. This can be a powerful way to ensure that those who are disgruntled will be completely cut out of your estate’s distribution if they make waves.
  • Merely neglecting to update the estate plan: Life changes, and so do your relationships. Your estate plan needs to be periodically modified to reflect your newfound circumstances. Divorces and disagreements may be enough to change your estate plan, so be sure to revisit yours after major life events as well as on a periodic occasion.
  • Forgetting to change beneficiary designations: While you’ll certainly want to update your will and any trust documentation to reflect your desired disinheritance, you can’t forget about those assets that fall outside of a traditional estate plan. For example, if you have a pay on death account that names a beneficiary, then you’ll need to change the beneficiary designation for that account specifically and directly, otherwise someone you don’t want to inherit from you may wind up with a significant portion of your estate.
  • Leaving a symbolic amount: You might think that leaving a token amount to someone you otherwise want to disinherit will send a clear message. But this can be a big mistake, as it could give the individual in question even more standing to challenge your estate plan. If you’re going to disinherit someone, do it the right way and do it completely.
Making a mistake when trying to disinherit someone can prove costly to your estate, and it could result in someone you distrust securing a large portion of your assets. So, if you’re interested in completely removing someone from your estate plan’s distribution scheme, you have to do it the right way. If you need guidance in figuring out what that looks like, then consider discussing the matter with your estate planning attorney. By doing so, you’ll hopefully be able to rest easy at night knowing that you’ve made the decisions and taken the action that protects your vision of the future.]]>