I’ve already posted this on the new site blog, here: Lex Fori PLLC and Carson J. Tucker Secure Unanimous Supreme Court Opinion Overruling Michigan Law, and at some point we’ll incorporate all posts into the new site. This is for current followers, etc., of this blog. Here is the original post:
After a second appeal to the Supreme Court of Michigan in a case argued by Carson J. Tucker, the Court overruled state case law and holds that federal law preempts state courts from ordering a division of military disability pay in state court divorce proceedings.
More analysis on the opinion in Foster v Foster will follow, but suffice it to say this is a victory for all veterans in Michigan going forward that has taken nearly 6 years to procure and two Supreme Court appeals (an interim United States Supreme Court decision), and believe it or not, still some fighting to do. We will not quit!