Family Law

• Divorce
  Most Michigan counties now refer divorce cases to facilitative mediation. This can be a highly effective process, especially if begun in the early stages of divorce, sometimes even prior to filing the complaint. Mediation is voluntary and requires that both parties meet with a neutral mediator to work cooperatively toward a mutually agreed settlement. In facilitative mediation, the most common type of alternative dispute resolution, the mediator does not act as a judge and does not render a decision or make any recommendation. Instead, the mediator’s job is to maintain complete neutrality while encouraging the parties to move toward a settlement rather than going to court.
• Child Support
  In Michigan, a divorce is not final until the judge has signed the judgment of divorce, and there is a built- in mandatory waiting period (six moths if minor children are involved, 60 days if there are no children) between the filing of the complaint and entry of judgment in all divorces. One reason for the delay is to allow the parties to fully explore reconciliation before finalizing a judgment of divorce. Approximately 20% of the divorce cases I file do not result in a final judgment of divorce. Sometimes, when people separate and begin to experience life without their spouse, the financial realities of child support, and other impacts of divorce, they reconsider their decision and decide to give the marriage another chance. When this occurs, one of two things may happen. In some counties here in West Michigan, the judges are open to placing the matter on “administrative closing,†sometimes for two or three months to extend the waiting period and to give the parties a chance to attend counseling and explore whether the marriage can be restored.
• Child Custody and Visitation
  Mediation is a cooperative, voluntary process by which people can solve problems outside of court. With the assistance of a trained mediator, families dealing with divorce, child custody and parenting time challenges and related issues are guided toward practical resolutions through a process that is solution-oriented, and not adversarial. Through my law office, I offer services designed to bring positive, cost-effective resolution to family law problems.
• Paternity
• Spousal Support
  Spousal support, also called alimony, is one of the most frequently litigated issues in divorce, for a number of reasons. First, it is often difficult for a spouse to comprehend supporting the soon-to-be ex after the marriage ends when in many cases the spouse asking for support is the one wanting to end the marriage, sometimes for no apparent reason, or for one perceived by the potential payor of spousal support as unjust or immoral. In other cases, spousal support may be perceived as punitive, when that is not its true purpose.
• Legal Separation
  Occasionally, someone will seek a judgment of separate maintenance in an effort to stay “technically married†in order to remain on a spouse’s health insurance coverage. I do not recommend this approach, as insurance companies have become wise to the practice and have refined the contractual language in their policies to specifically reference legal separation or separate maintenance as a disqualifying event.

Criminal Law

• Restraining Order
  Some disputes are not suitable for mediation. Where there has been domestic violence, one of the parties may be fearful of or intimidated by the other. Mediation may not work in these cases, as the process is premised on an equality of bargaining power and open, honest communication. While cases with domestic violence can be resolved through mediation, it often requires additional work. If the parties are not allowed in the same room because of a restraining order, the process is more cumbersome and time-consuming, but may still be worthwhile. The courts require the mediator to screen the case for domestic violence to determine if it is suitable for mediation. In most Michigan counties, if this domestic violence screening form reveals existence of domestic violence, threats or intimidation between the parties, the court must conduct a hearing regarding suitability for mediation.

Health Law

• Personal Injury
  When we meet in the early stages of your divorce, you will need to provide an accurate inventory of everything you and your spouse have acquired during the marriage. In addition, try to document exactly what was owned by each of you at the time of your marriage. For example, if you married later in life and you both owned a home, furnish a description of that real estate, together with any debts owed on it at the time of the marriage. If it is still owned by either of you, whether individually or in joint, I'll need to understand the origin of this property. Take an inventory of your household furnishings, and if anything was acquired by either of you prior to the marriage, make a note of it. Also, if anything came to either of you through inheritance or gift from your family, make a note of this. The origin of property owned at the time of the divorce may determine whether it is considered part of the marital estate. If either you or your spouse has received an inheritance, a gift from family or money from a personal injury or workers’ compensation settlement, let me know.

Trusts and Estates

• Estate Planning
  Tom has been a trusted colleague for years. I personally have been helped by his prompt and thorough responses to thorny legal issues that I have encountered in my professional role and personal life. I have referred dozens of clients to him specifically for help in the area of family law and estate planning. It has been my experience that Tom treats every client and case as if it were his own. He is a sympathetic, honest, and professional man who comprehensively knows the legal system, and has nearly a quarter century of practical hands on experience. I trust him so much that I have and continue to refer my own family and friends to him when needed. You will not be given poor advice from Mr. Kates. He raises the bar in the profession of practicing law by his integrity, character, and kindness.