So You Got a DUI���Now What?

While drinking and driving should never be encouraged, our attorneys understand that things happen and people make mistakes, and we believe that these mistakes shouldn���t affect the rest of your life.

More often than not, getting a DUI can be a frightening and new thing. You���re often left with many questions and most have no idea where to begin.

If you���ve recently been charged with a DUI, we want to help you better understand the process of handling your legal affairs and how you can set yourself up for success.

Here are some of the most frequently asked questions we hear often when it comes to drunk driving in Michigan.

Can you go to jail for a Michigan drunk driving arrest?

If you���re a first-time offender, the good news is you will most likely not be taken to jail if charged with drunk driving. Typical consequences include fines, probation, the completion of alcohol programs like A.A. (Alcoholics Anonymous), and license sanctions.

If you���re being charged with your second or third DUI, you���ll want to enlist the help of an attorney as soon as possible as jail time may be on the table.

Should I expect to lose my license?

This can depend on a variety of factors, one being whether or not you have an expert Michigan OWI attorney representing you. Other factors may include if you have a past criminal record or other DUI charges. Our team will always strive to get you the lowest consequence available, if anything.

What���s the difference between an OWI and a DUI?

A DUI stands for ���driving under the influence��� while an OWI stands for ���operating while intoxicated���. Though they���re similar, an OWI can sometimes warrant a more severe charge than a DUI. Which you���re charged with will largely depend on your blood alcohol content (BAC). In Michigan, the charge for drunk driving will likely be OWI, though DUI is a more widely known term.

Do I need an expert Michigan DUI lawyer to represent me?

Absolutely. While it���s possible to represent yourself, the odds of everything going your way are very slim. Our top DUI attorneys have years of experience helping clients just like yourself achieve their desired outcomes following a DUI charge. We���ll handle everything for you from start to finish, and be by your side every step of the way.

We���re Ready to Help

Our team has decades of experience helping clients take control of their lives after a DUI charge in Michigan.

If you���d like to learn more about how we can help you, contact us today to schedule your free legal consultation by calling (248) 588-3333.

Considerations for Military Divorce

Though divorce is a complicated time for anyone going through it, it can become especially daunting when one or more parties of the divorce is a member of the armed services.

At Goldman & Associates Law Firm, we’d like to help you better understand the military divorce process and how it can differ from a civilian divorce.

Pensions

The Uniformed Services Former Spouses Protection Act (USFSPA) governs the division and collection of military pension benefits should a divorce occur. In some states, up to 50% of the military member’s retired pay may be awarded.

However, it’s important to remember that just because you married a member of the military, it doesn’t mean that you are entitled to this amount. Splitting retirement pay is not mandated by the USFSPA.

Instead, an expert military divorce attorney can help you calculate what you’re eligible to receive and petition for it in a court of law.

Former Spouse Benefits

Depending on the length of your marriage, a military spouse may be eligible for the continuation of certain benefits. This is known as the 20/20/20 rule.

Under USFSPA, one or multiple of the following must be true:

  • A twenty-year overlap of military service and the marriage occurred.
  • Your marriage lasted for a minimum of twenty years.
  • The military member in question completed a minimum of twenty years of service for retired pay.

Expert Legal Help

There are several other considerations to think about when entering a military divorce, including but not limited to child support, wage garnishment, property division, spousal support, child custody or visitation and even paternity.

At our law firm, we’ve helped hundreds of people just like yourself experience the best outcomes possible during a Michigan military divorce. With decades of experience under our belt, we’re confident that we can help you reach your desired outcome.

If you’d like to learn more about what we can do for you and your family, we’d love to speak with you.

Call our law firm today to schedule your free, no obligation consultation at (248) 588-3333.

Community Property—What Do I Get to Keep?

angry-couple-michigan-divorce

Finding it difficult to divide your property and assets in a Michigan divorce? We can help.

Divorce in Michigan can be simple when you and your spouse do not share any assets or liabilities. But what happens when you have shares assets or liabilities you own with your spouse?

At Goldman & Associates, we understand the complexities involved with filing for divorce when a large number of assets are part of the proceedings. It’s important to understand that in the state of Michigan assets and liabilities obtained during the term of the marriage are considered community property. This means both spouses are entitled to fifty percent of the assets.

Marital Property

There is an important distinction in how property is classified during divorce that determines how it’s distributed. Generally, martial property is that which is obtained during the course of the marriage. This can include homes, vehicles, furniture, jewelry, and any other type of asset so long as it was obtained during the marriage. Another type of asset is called “separate” assets and those are obtained before the marriage is formalized. Separate assets can also include gifts or inheritances that are received at any time during the marriage.

A big cause of disputes? Property. Property often leads to disputes because one party may want to keep something other party simply for spite. It’s important to keep a level head and understand that an attorney can take the burden away.

It’s important to determine whether property is community property for separation purposes. Where parties are unable to stipulate to the distribution of property, asking the court or a mediator to step in can help alleviate any issues that have arisen during the divorce proceeding. Is a spouse attempting to hide assets? It’s important to bring this to the court’s attention in order to have a proper hearing.

A prenuptial agreement might limit one spouse from obtaining assets from the other during the divorce proceedings. “Pre-nups” are contracts and are legally enforceable in all courts within the state of Michigan. Often, language within the “pre-nup” will limit a spouse to a small portion or nothing in the event of a divorce. “Pre-nups” might limit or identify the amount of alimony a spouse may receive in the event of divorce.

Speak with An Expert Michigan Attorney

Divorce is complex and often infused with frustration fueled from years of marital breakdown. It’s important to hire a law firm that understands the pitfalls that can occur during the divorce process. Especially when protecting the assets you care about most, having the right help can be priceless.

For over 30 years, Goldman & Associates has pursued justice for their clients in a proactive and zealous manner. Call us today at (248) 590-6700 for a free consultation with one of our attorneys.

Community PropertyWhat Do I Get to Keep?

angry-couple-michigan-divorce

Finding it difficult to divide your property and assets in a Michigan divorce? We can help.

Divorce in Michigan can be simple when you and your spouse do not share any assets or liabilities. But what happens when you have shares assets or liabilities you own with your spouse?

At Goldman & Associates, we understand the complexities involved with filing for divorce when a large number of assets are part of the proceedings. Its important to understand that in the state of Michigan assets and liabilities obtained during the term of the marriage are considered community property. This means both spouses are entitled to fifty percent of the assets.

Marital Property

There is an important distinction in how property is classified during divorce that determines how it’s distributed. Generally, martial property is that which is obtained during the course of the marriage. This can include homes, vehicles, furniture, jewelry, and any other type of asset so long as it was obtained during the marriage. Another type of asset is called separate assets and those are obtained before the marriage is formalized. Separate assets can also include gifts or inheritances that are received at any time during the marriage.

A big cause of disputes? Property. Property often leads to disputes because one party may want to keep something other party simply for spite. Its important to keep a level head and understand that an attorney can take the burden away.

Its important to determine whether property is community property for separation purposes. Where parties are unable to stipulate to the distribution of property, asking the court or a mediator to step in can help alleviate any issues that have arisen during the divorce proceeding. Is a spouse attempting to hide assets? Its important to bring this to the courts attention in order to have a proper hearing.

A prenuptial agreement might limit one spouse from obtaining assets from the other during the divorce proceedings. Pre-nups are contracts and are legally enforceable in all courts within the state of Michigan. Often, language within the pre-nup will limit a spouse to a small portion or nothing in the event of a divorce. Pre-nups might limit or identify the amount of alimony a spouse may receive in the event of divorce.

Speak with An Expert Michigan Attorney

Divorce is complex and often infused with frustration fueled from years of marital breakdown. Its important to hire a law firm that understands the pitfalls that can occur during the divorce process. Especially when protecting the assets you care about most, having the right help can be priceless.

For over 30 years, Goldman & Associates has pursued justice for their clients in a proactive and zealous manner. Call us today at (248) 590-6700 for a free consultation with one of our attorneys.

Community Property���What Do I Get to Keep?

angry-couple-michigan-divorce

Finding it difficult to divide your property and assets in a Michigan divorce? We can help.

Divorce in Michigan can be simple when you and your spouse do not share any assets or liabilities. But what happens when you have shares assets or liabilities you own with your spouse?

At Goldman & Associates, we understand the complexities involved with filing for divorce when a large number of assets are part of the proceedings. It���s important to understand that in the state of Michigan assets and liabilities obtained during the term of the marriage are considered community property. This means both spouses are entitled to fifty percent of the assets.

Marital Property

There is an important distinction in how property is classified during divorce that determines how it’s distributed. Generally, martial property is that which is obtained during the course of the marriage. This can include homes, vehicles, furniture, jewelry, and any other type of asset so long as it was obtained during the marriage. Another type of asset is called ���separate��� assets and those are obtained before the marriage is formalized. Separate assets can also include gifts or inheritances that are received at any time during the marriage.

A big cause of disputes? Property. Property often leads to disputes because one party may want to keep something other party simply for spite. It���s important to keep a level head and understand that an attorney can take the burden away.

It���s important to determine whether property is community property for separation purposes. Where parties are unable to stipulate to the distribution of property, asking the court or a mediator to step in can help alleviate any issues that have arisen during the divorce proceeding. Is a spouse attempting to hide assets? It���s important to bring this to the court���s attention in order to have a proper hearing.

A prenuptial agreement might limit one spouse from obtaining assets from the other during the divorce proceedings. ���Pre-nups��� are contracts and are legally enforceable in all courts within the state of Michigan. Often, language within the ���pre-nup��� will limit a spouse to a small portion or nothing in the event of a divorce. ���Pre-nups��� might limit or identify the amount of alimony a spouse may receive in the event of divorce.

Speak with An Expert Michigan Attorney

Divorce is complex and often infused with frustration fueled from years of marital breakdown. It���s important to hire a law firm that understands the pitfalls that can occur during the divorce process. Especially when protecting the assets you care about most, having the right help can be priceless.

For over 30 years, Goldman & Associates has pursued justice for their clients in a proactive and zealous manner. Call us today at (248) 590-6700 for a free consultation with one of our attorneys.

My Spouse Lives Out of State—Do I Have to Divorce Them?

michigan-out-of-state-divorce

Are you seeking a divorce from a spouse that lives outside of Michigan? Our family lawyers can help!

So, you want a divorce and your spouse lives or has fled to another state, what should you do?

We see this a lot at Goldman & Associates, and it seems to be getting more prominent. While it’s not a typical scenario, there are ways of going about getting your divorce finalized even with your spouse in another state. To start, in order to get a divorce in the State of Michigan you must be a resident of the county in which you want to file for at least six months before filing. Next, a divorce complaint can be filed in the circuit court for the county you reside in.

Once a complaint is filed, you have ninety-one (91) days to serve the opposing spouse before the summons expires. When an opposing spouse lives out of state, this is where the trouble can begin. You may not know where the spouse is or you may, however, they avoid service in some type of fashion. There are several tactics that can be used in order to proceed with the divorce proceedings instead of voluntarily dismissing the case. One way of serving the individual is communicating with them in a professional manner in order to achieve compliance with established law. When a spouse is unwilling to cooperate, you may hire a process server near the last known address of the spouse.

What if the spouse is evading the process server or is impossible to locate? It’s important to inform the court of your attempts to serve the spouse with the summons and a copy of the complaint. At this point, all hope is not lost! Hiring an attorney is an important step in the process that should not be overlooked. By hiring an attorney they will be more apt in understanding the legal hurdles that face you through divorce.

How a Michigan Family Attorney Can Help

An attorney can file a motion for alternative service before your summons expires. This provides the out-of-state spouse notice of the divorce. The court will allow a publication to be filed in a public forum in order to give the spouse notice. After roughly three to four weeks the court will deem the out-of-state spouse notified of the divorce. Once the court has acknowledged this, your counsel can file a motion for default judgment in order to finalize your divorce. You default should be filed with the county in which you reside in order to put the world on notice of the divorce.

Most of the time both spouses are involved in the divorce process. When there are no assets or a spouse is not cooperating, an attorney can help resolve the situation in a proactive manner.

At Goldman & Associates, we understand the complexities involved with serving a spouse outside of Michigan. It’s important to hire a law firm that understands the pitfalls that can occur during the divorce process.

Call us today at (248) 590-6700 for a free consultation with one of our knowledgeable attorneys.

My Spouse Lives Out of StateDo I Have to Divorce Them?

michigan-out-of-state-divorce

Are you seeking a divorce from a spouse that lives outside of Michigan? Our family lawyers can help!

So, you want a divorce and your spouse lives or has fled to another state, what should you do?

We see this a lot at Goldman & Associates, and it seems to be getting more prominent. While its not a typical scenario, there are ways of going about getting your divorce finalized even with your spouse in another state. To start, in order to get a divorce in the State of Michigan you must be a resident of the county in which you want to file for at least six months before filing. Next, a divorce complaint can be filed in the circuit court for the county you reside in.

Once a complaint is filed, you have ninety-one (91) days to serve the opposing spouse before the summons expires. When an opposing spouse lives out of state, this is where the trouble can begin. You may not know where the spouse is or you may, however, they avoid service in some type of fashion. There are several tactics that can be used in order to proceed with the divorce proceedings instead of voluntarily dismissing the case. One way of serving the individual is communicating with them in a professional manner in order to achieve compliance with established law. When a spouse is unwilling to cooperate, you may hire a process server near the last known address of the spouse.

What if the spouse is evading the process server or is impossible to locate? Its important to inform the court of your attempts to serve the spouse with the summons and a copy of the complaint. At this point, all hope is not lost! Hiring an attorney is an important step in the process that should not be overlooked. By hiring an attorney they will be more apt in understanding the legal hurdles that face you through divorce.

How a Michigan Family Attorney Can Help

An attorney can file a motion for alternative service before your summons expires. This provides the out-of-state spouse notice of the divorce. The court will allow a publication to be filed in a public forum in order to give the spouse notice. After roughly three to four weeks the court will deem the out-of-state spouse notified of the divorce. Once the court has acknowledged this, your counsel can file a motion for default judgment in order to finalize your divorce. You default should be filed with the county in which you reside in order to put the world on notice of the divorce.

Most of the time both spouses are involved in the divorce process. When there are no assets or a spouse is not cooperating, an attorney can help resolve the situation in a proactive manner.

At Goldman & Associates, we understand the complexities involved with serving a spouse outside of Michigan. Its important to hire a law firm that understands the pitfalls that can occur during the divorce process.

Call us today at (248) 590-6700 for a free consultation with one of our knowledgeable attorneys.

My Spouse Lives Out of State���Do I Have to Divorce Them?

michigan-out-of-state-divorce

Are you seeking a divorce from a spouse that lives outside of Michigan? Our family lawyers can help!

So, you want a divorce and your spouse lives or has fled to another state, what should you do?

We see this a lot at Goldman & Associates, and it seems to be getting more prominent. While it���s not a typical scenario, there are ways of going about getting your divorce finalized even with your spouse in another state. To start, in order to get a divorce in the State of Michigan you must be a resident of the county in which you want to file for at least six months before filing. Next, a divorce complaint can be filed in the circuit court for the county you reside in.

Once a complaint is filed, you have ninety-one (91) days to serve the opposing spouse before the summons expires. When an opposing spouse lives out of state, this is where the trouble can begin. You may not know where the spouse is or you may, however, they avoid service in some type of fashion. There are several tactics that can be used in order to proceed with the divorce proceedings instead of voluntarily dismissing the case. One way of serving the individual is communicating with them in a professional manner in order to achieve compliance with established law. When a spouse is unwilling to cooperate, you may hire a process server near the last known address of the spouse.

What if the spouse is evading the process server or is impossible to locate? It���s important to inform the court of your attempts to serve the spouse with the summons and a copy of the complaint. At this point, all hope is not lost! Hiring an attorney is an important step in the process that should not be overlooked. By hiring an attorney they will be more apt in understanding the legal hurdles that face you through divorce.

How a Michigan Family Attorney Can Help

An attorney can file a motion for alternative service before your summons expires. This provides the out-of-state spouse notice of the divorce. The court will allow a publication to be filed in a public forum in order to give the spouse notice. After roughly three to four weeks the court will deem the out-of-state spouse notified of the divorce. Once the court has acknowledged this, your counsel can file a motion for default judgment in order to finalize your divorce. You default should be filed with the county in which you reside in order to put the world on notice of the divorce.

Most of the time both spouses are involved in the divorce process. When there are no assets or a spouse is not cooperating, an attorney can help resolve the situation in a proactive manner.

At Goldman & Associates, we understand the complexities involved with serving a spouse outside of Michigan. It���s important to hire a law firm that understands the pitfalls that can occur during the divorce process.

Call us today at (248) 590-6700 for a free consultation with one of our knowledgeable attorneys.

What is Divorce?

what-is-divorceIn life there are moments that are planned and others that seem to come out of the blue. Divorce is one of those occurrences that falls into both categories.

At Goldman & Associates, we understand that divorce is never easy to undertake alone. That’s why it’s important to have the proper guidance through such an emotional period in your life. There are many variables that can affect your divorce and withdrawing yourself from the legal shuffle is a good place to start.

To fully understand what a divorce is you must understand why it is necessary. Marriage is a civil union, otherwise known as a contract. Divorce is a legal process that dis-joins the union between partners as to reflect to the world that the parties are no longer formally married. Once a divorce is finalized, the divorce is recorded with the county clerk in order to tell the world you are no longer married.

Before your divorce is finalized, there are many variables that come into play such as distributing assets, alimony, and negotiating child support when minor children are involved. The more variables involved, the more complicated you divorce can become. Some variables involved are unpredictable, such as spousal attitude, so it’s important to have a level head throughout the process and keep your eye on the end goal. Here in the state of Michigan, assets are considered community property and each spouse is eligible to receive half of the assets obtained during the marriage.

What is a Pre-Nup?

In some instances, a prenuptial agreement, commonly known as a “pre-nup,” might limit one spouse from obtaining assets from the other during the divorce proceedings. These “pre-nups” are contracts themselves and are legally enforceable in all courts within the State of Michigan. Often, language within the “pre-nup” will limit a spouse to a small portion or absolutely nothing in the event a dispute arises over assets during a divorce proceeding. “Pre-nups” will often limit or specifically identify the amount of alimony a spouse is to receive in the event divorce does take place.

The most important asset to protect in a divorce is minor children. Your children are looked over intensely by the court system and nothing will be done without their best interests in mind. In divorce proceedings involving minor children the need for representation cannot be understated. At Akiva Goldman & Associates, we understand the complexities and stress that arise with representing divorcing parties with minor children. It’s natural to have a lot of questions when you’re going through a divorce and want to protect your children. We often hear questions like: Who will my child live with? How often will I see my child? What school will my child go to? Each of these questions comes with a complex answer—it depends.

Schedule Your Free Consultation

Divorce is complex and often infused with frustration fueled from years of marital breakdown. It’s important to hire a law firm that understands the pitfalls that can occur during the divorce process. For over thirty years Akiva Goldman & Associates has pursued justice for their clients in a proactive and zealous manner.

Call us today at (248) 590-6700 for a free consultation with one of our knowledgeable attorneys.

Tips for Resolving Child Custody Visitation This Holiday Season

michigan attorney child custody tipsThe holiday season is often a time of great fun and delicious food for families. However, for a divorced or separated couple, there are other things to consider—especially when children are involved.

To avoid unnecessary stress and arguments, it’s important to discuss a custody schedule with your ex-partner in advance if you don’t already have something concrete and legally binding in place this holiday season.

Here are a few helpful tips to consider:

Alternate holidays every other year. If your ex-partner had your children for Thanksgiving last year, it’s extremely reasonable that you should be able to spend time with them this year. You may also want to split the holiday in half—this means your child spends half of the day with you, and half of the day with your ex-partner.

Check in with your children. Make sure they’re aware of how they’ll be spending the days and weeks ahead. You should also consider asking for their input on how they’re feeling and if they have any thoughts on how they’d like to spend time with each parent.

Keep calm when communicating with your ex. We understand how difficult these situations can be—especially with the added stress of the holiday season. Find the best means of communicating with your ex and stick to that. If you tend to argue in person, talk via email or text.

Try to be flexible. After all, the holiday season should be spent happily with your children and without disputes. Be open, honest and caring—if your ex-partner is a few minutes late dropping them off to you, take a deep breath instead of making a snide remark.

Schedule a consultation with an expert Michigan child custody attorney. We know that no one enjoys taking time out of their schedule to participate in legal troubles, but sometimes, it can be the fastest and best way to resolve an issue.

At our law firm, we’ve helped thousands of people just like yourself. If you’re finding that your child custody schedule just isn’t working for you or your children, or if you’d like to revisit the terms of your agreement, we’d love to help.

Contact our firm today to schedule your free consultation.