Should I Choose Divorce, Legal Separation, or Annulment? [Video]

Divorce – (248) 588-3333 – Should I Choose Divorce, Legal Separation, or Annulment?
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Legal separation is not required as a prerequisite in the state of Michigan. You are able to get a divorce without getting separated. However there is a case called suit for separate maintenance, which is a legal separation recognized by the law and it is similar to a divorce. An individual could file for separate maintenance, and the handling of custody, support, division of assets etc would be the same as it would be during a divorce process. The only issue with this is when the process is over, you are not divorced, but still married.

There is a common misconception regarding an annulment and that has to do with time. People believe if married for a short amount of time, they qualify for an annulment. An annulment is not based on how long you are married for, it is based on fraud.

Michigan is a no-fault divorce state. You do not have to prove anything to get a divorce. If the marriage breaks down, there is no explanation needed. If you have questions about legal separation, annulments or divorce contact our office for further assistance!
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What is a legal separation/separate maintenance?

Separate maintenance is the technical legal term for what is commonly referred to as a legal separation. It is another way for a couple to “end” their marriage without getting a divorce. It should be noted that that a legal separation does not actually dissolve the marriage. This is the reason why people who are legally separated cannot remarry other people, because they are still technically married at law. If you wish to truly dissolve your marriage you must get a divorce.

Much like divorce you and your spouse can sign a “separation agreement” which enshrines your wishes for the terms of your separate maintenance that the judge is likely to adopt as the final order of the separation.

Separate maintenance is also the name of the final document codifying the separation. However, it is not the only document you can use for a legal separation. You can also use something called a “Post-nuptial agreement

What are the grounds/requirements for getting a legal separation?

The grounds and requirements for a legal separation are the same as they are for divorce. To be specific, you may only get legally separated if the marital relationship has suffered an irreconcilable breakdown. You must also meet the same residency requirements as a divorce.

What is an annulment?

This is another option for those who do not want a divorce. An annulment invalidates a marriage based on the judge finding that the marriage was void from its inception (i.e. was never valid) or is voidable (was later determined to be invalid) for some reason. Couples who receive an annulment must not continue to cohabitate.

Grounds for void marriage: Incest, Bigamy

Grounds for voidable marriage:Fraud,Duress, mental incapacity, to young to consent
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How To Prepare For A Child Custody Battle [Video]

Child Custody – (248) 588-3333 – How To Prepare For A Child Custody Battle
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There are a number of things you must do in order to give yourself the best shot possible to gain custody of your child. The primary thing to do is to make sure you are involved with your children. Be involved and know what allergies they may have, taking them to doctors appointments, involved in the child’s school, etc. If you are not involved in your child’s life, the court will question why all of the sudden you want custody when you weren’t involved & absent all of those years.

Another issue that you can prepare for deals with the deficiencies in the parenting ability of your spouse. The court may ask if there is any drug use, drinking, partying, or a history of domestic violence. If these incidents occur on a frequent basis, be sure to preserve and note when these happen. When the court has to determine between the mother and father to see which parent is more suitable, they will consider positive and negative points.
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

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What Is The Divorce Checklist? [Video]

Divorce Checklist – (248) 588-3333 – What Is The Divorce Checklist?
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There are a number of things an individual should do before getting divorced. You should always keep a mental note in your head before anticipating a divorce. The first question you should ask yourself is are there children involved? If there are children involved, you will need to address issues regarding custody arrangements, child support, etc. Another factor that needs to be considered is property. Is there any property or assets that needs to be divided? Additionally is there any marital debt, is there money owed to credit card companies? Lastly spousal support is a big concern and there are three primary factors and these include duration of the marriage, disparity of income, & there has to be disposable income in order to pay the spousal support. Once you have covered all the aspects in the checklist, you will be much further along in the divorce process.
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
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Preserving Father’s Rights In A Divorce [Video]

Father’s Rights – (248) 588-3333 – Preserving Father’s Rights In A Divorce
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There is a common thought that the mother of the child usually receives favorable treatment as it related to the custody of the children. Today the courts have gotten away from that and created more equality among both parents. There is a presumption that when married, both parents have equal rights when it comes to the children. The court will consider roughly a dozen custody factors to determine what is in the best interest of the children. If you are a father facing a divorce, you don’t have to worry about giving up your kids. With appropriate representation you can have your rights preserved and receive the outcome you deserve.
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

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Challenges Of Out Of Town Visitation [Video]

Out Of Town Visitation – (248) 588-3333 – Challenges Of Out Of Town Visitation
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When there is a long distance visitation order in place, it can be difficult to deal with at times. It becomes difficult when you may live in Michigan but your ex may live out of state. The courts set up opportunities for both parties to engage in out of town parenting time, however there are a number of factors to consider before doing so. These factors include the cost of transportation for the children, are they children able to make the trip by themselves, whether or not they need a chaperone to accompany them on the trip. Another issue that needs to be considered is if there is an emergency and your child is out of state, how do you handle the situation? If you have any questions regarding this type of legal matter, contact our office for further assistance.
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

For additional information please click below: https://www.akivagoldman.com/michigan-child-custody-lawyer/

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The Challenges Of International Divorce [Video]

International Divorce – (248) 588-3333 – The Challenges Of International Divorce
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In some situations, there are some divorce cases where one person lives in the United States and the other party resides out of the country. As long as one party resides in the state of Michigan, the jurisdiction can be based on that person’s residency and that divorce can be handled here in Michigan. When there is an international divorce, it is more challenging when it comes to custody, visitation, child support etc. There are a number of technical rules that apply to these type of cases that should he handled by an expert.
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

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Same Sex Divorce Procedure [Video]

Same Sex Divorce – (248) 588-3333 – Same Sex Divorce Procedure
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The procedure for same sex divorce is similar to a standard divorce procedure. There are different issues that come up, such as property and children, but those are also common factors that play into a standard divorce as well. If you want to file for a same sex divorce, you should first file a complaint for divorce in the county where you reside. From there the court will establish certain calendared events that will come up in the life cycle in your divorce.
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

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Who Is Responsible For The Payment Of Medical Bills In A Trucking Accident? [Video]

Trucking Accident – (248) 588-3333 – Who Is Responsible For The Payment Of Medical Bills In A Trucking Accident?
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If you are on a motorcycle or operating a motor vehicle that is struck by a truck, you are covered by the Michigan No Fault Act. The coverage will cover your medical bills and wage loss up to certain limitations. Another aspect to keep in mind is pain and suffering. If you have a broken a bone, have scarring, or you on medication, this is covered by the insurance company that insured the offending motorist who hit you and caused the accident.
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
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How Does A Prior Domestic Violence Charge Impact A New Case? [Video]

Domestic Violence – (248) 588-3333 – How Does A Prior Domestic Violence Charge Impact A New Case?
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Handling a current domestic violence charge typically isn’t related to the prior charge. However in some cases the prosecutor might be less willing to make a deal with your attorney on this current case, especially if you victimized the same person previously and there was a guilty plea. In a situation where prior charges exist, those charges may impact the ability to negotiate the current case. If the jury were to convict you and if it is up to the judge to sentence you, the judge will review your history. If the judge sees you received a break before and you didn’t learn from that, the judge will be more inclined to give a harsher penalty this time than if you had no previous record.
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What You Need To Know About Dog Bites [Video]

Dog Bite – (248) 588-3333 – What You Need To Know About Dog Bites
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If you are a victim of a dog bite, there are a number of things you should keep in mind. A dog bite is a cause of action that is recognized by the state of Michigan and is covered by the homeowners insurance of the home of the dog owner. There are technical rules about dog bites, and if you have questions you seek the assistance of experts in this field!
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The Michigan Dog Bite Statute

Dog bites in Michigan are governed by the Michigan dog bite statute. This particular statute imposes a “strict liability” standard when determining dog bite liability. Strict liability means that the dog’s owner can be liable even if they were not aware of any tendency towards aggression or other warning that a bite was imminent. If your dog bites someone, you can be liable even if that dog has never bitten anyone before. All other dog related injuries are based on a negligence standard (discussed in detail in another chapter and in a later section of this chapter).

The Michigan dog bite statute also lays out some exceptions to the strict liability standard. In order to sue for a dog bite injury, the following conditions must be met:

The defendant actually owned the dog that made the bite
The bite was the direct cause of the injury
The victim of the bite must not have provoked the dog, otherwise the owner is not liable.
The victim was either in a public place, or a private place where they were legally allowed to be (basically a castle doctrine/stand your ground standard for dog bites).

In other words, reckless provokers and trespassers may not use the Michigan Dog Bite Statute in their lawsuit. Instead, they must use another (less accommodating) legal standard to bring their lawsuit.

“Trespassing” specifically means that the person lacked the legal authorization to be at that location. Keep in mind that such authorization can exist even if you did not have the property owner’s permission to be there. Police officers, fire fighters, owners of personal property or livestock, there are numerous examples of situations where someone can be present on another’s property without trespassing. This makes it rather crucial for the bite victim to have a lawyer to help discover useful facts like this.

Provocation can include unintentional acts (such as accidentally stepping on the dog’s tail). However, hitting the dog in response to the dog attacking another person or animal is not provocation because the dog was already aggressive.

What is “common law”, and when would I use it?

If, for whatever reason, your case does not qualify under the dog bite statute, you may still bring a law suit for a dog bite or other injury caused by a dog. “Common law” simply means judge made law. It refers to the rules and standards that Michigan civil courts have developed to deal with certain types of cases.
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