Individuals who remarry after divorce often are concerned about what will happen if they die and their children are caught between and ex-spouse and a stepparent.

Protecting Children of Blended Families

Because it is commonplace for divorced (or widowed) spouses to remarry, blended families – where one or both spouses have children from prior marriages – are now quite common. I am often asked by clients how they can protect their children from prior marriages in situations that involve guardianship and inheritance.

In my experience, individuals who remarry after divorce often have legitimate concerns about what will happen if they die and their children are caught between and ex-spouse and a stepparent.

It's highly important for parents with children to have a will.

Not Having a Will Leaves a Lot Up to the Court

As an estate planning attorney, it seems that about 75% of my clients (or potential clients) don’t have a will – a percentage that continually surprises me with so much at stake.

Not having a will is particularly risky for parents with minor children. To die without a will is to die intestate. Without the direction that a will provides, a judge will decide who will serve as guardian of minor children.

Attorneys can file a motion and request a temporary order from the judge to help spouses with immediate needs.

Temporary Orders Are Effective Tools in Divorce Cases

The early stages of a divorce are especially difficult for clients because of all the uncertainty caused by separation and divorce – where will the parties and children live; how will family expenses be paid; and, more importantly, when will each parent have time with their children?

The UCCJEA allows one of the divorced couple to ask that jurisdiction over child custody be moved to a different state.

Have Michigan Declared as Your Home State if You Have Custody

Frank and Sarah wed when they were in their early 20s, and the newly minted couple moved to Florida from the Midwest in search of warmer weather and adventures.

But after several years of frequent moves throughout Florida and now with two children, Sarah found that her marriage to Frank was headed for divorce as she yearned for stability and closer ties to her extended family in her native Michigan. 

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