Michigan Car Accident Law: What you need to know

Though we never expect, we may encounter a car accident. There are some steps you need to follow when you undergo a car accident, even if you do not get injured. Stay at the accident place till the police advise you that you may leave if you get injury by a car accident or experience major damage to property. If someone is injured, and you have the training in providing first aid, make an effort to help the injured. Do not relocate an injured person. Get someone to call the police to report the accident.

If you encounter a car accident, try to collect some information, such as information about the other driver (name, address, driver’s license number and license plate number), information about witnesses of the accident (name, address and phone numbers), “incident number” from the police officers investigating the accident so that you can collect accident report, information about the place where the accident occurred etc.

Michigan’s no fault insurance law covers medical treatment expenses caused by a car accident; therefore, consult a doctor. If you don’t get medical treatment, you may not be able to receive “no fault” benefits for your injuries. Your insurance company may claim that your injuries happened after the accident. Similarly, other driver may argue that your injuries were not connected with the accident if you sue the other driver for the injuries you experienced.

After a car accident, it will be useful for you to consult with an experienced
Michigan car accident attorney. An experienced Michigan personal injury lawyer can assist you to defend your rights. Michigan “no fault” law requires that drivers of most motor vehicles secure “first party” insurance, to cover the cost of rehabilitation and medical treatment for persons injured as drivers or passengers of their own vehicles. If a person gets injured in an accident, he/she will normally file a claim for first party benefits with their own no fault insurance company. A person would file a claim with the insurance company that insures the vehicle in which he/she was traveling If he/she isn’t covered by his/her own policy. Under Michigan’s No Fault Act, people travelling by the vehicle are insured for losses.

Michigan’s “No Fault” statute shifts the risk of some losses from automobile accidents to the vehicle’s owner. For instance, you hold the responsibility to insure your own vehicle and its contents for damage in an accident. If you opt not to insure your vehicle against crash damage, even if you are fully innocent of guilt in an accident, if the other driver is appropriately insured your competence to recover from the other driver for property damage is limited to a small amount under the law. The statute is called a “No Fault” statute because you are liable for some costs irrespective of who is at fault. Similarly, the cost of your rehabilitation, lost wages and medical care will generally be paid by your own no fault policy, or that of the owner of the car in which you were riding. Consult Detroit car accident attorneys for details about the no-fault benefits.

For pain and suffering (non-economic losses) and excess economic loss (beyond the amount of “first party” economic coverage), you may file a lawsuit against the driver who caused the accident. However, the chances are that you may not be able to file a lawsuit against the other driver if (a) You are at fault for the accident, and your fault is more than fifty percent; (b) You were the owner of the vehicle in which you were riding, and did not carry a valid policy of insurance when the accident occurred. However, to check lawsuits over injuries caused by automobile accidents, recovery for pain and suffering or non-economic damages for accident-related injuries are applicable for cases where the person who makes the claim suffered permanent serious disfigurement, serious impairment of an important body function, or death. Consult car accident attorneys in Michigan for additional information.

For your convenience, each car accident attorney in Michigan offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Michigan car accident lawyer is waiting to speak with you about your legal matters.

Michigan Child Support – What you need to know

Michigan child support law depends mainly on a precise formula which is described in the Michigan Child Support Formula Manual. The formula is also referred to as the Michigan child support guidelines. Michigan child support law is very much comprehensive. Child support in Michigan is computed by utilizing the Michigan Child Support Formula manual which is created and regularly updated by the Michigan Friend of Court Bureau of the Michigan State Court Administrative Office. Contact a Michigan family law attorney if you want to know details about Michigan child support, Michigan child support arrears,  or Oakland County support in Michigan.

Determining factors for calculating child support in Michigan

To determine the amount of child support, medical and child care obligations, following factors are considered under the provisions of the Michigan Child Support Formula Manual:

• Net income of father
• Net income of mother
• Number of children of the parents
• Each parent’s overnight parenting time
• Obligations of other support
• Custody of other children
• Costs for health care
• Costs for the care of minor children in the case

Some people assume that if they have joint custody or if they share equal time with the children, then there will be no child support for both the parties. This idea is not correct. The Michigan Child Support Formula manual counts each parent’s income and the health care costs individually. Therefore, one party can be under an obligation to the other party for child support even if they have equal parenting time.

Lack of visitation of the parent paying the support:

Non-custodial parents often assume that if they don’t go to see their child, they will not have to pay child support. It is not true at all. Child support and parenting time are two different issues. Even if the parent paying the support does not apply his or her parenting time, he or she will still have to pay child support. Lack of visitation does not exempt a parent from paying child support.

Bills of the spouses:

Michigan Child Support Formula does not take into consideration the bills of the spouses for determining child support.
Unemployment of a parent: People often assume that a parent will not have to pay any support if that parent does not have a job. The idea is not correct. If a parent does not have any income, or is not employed, the Court can “impute” income to that parent. Imputation of income denotes that the Court will ascertain a parent’s capacity to earn a definite income and then makes the order on the basis of the amount of imputed income.

New spouse’s income:

If a party gets married with another person, income of that new spouse is not applied in the formula for calculating child support. But if the remarriage alters a party’s tax filing method, joint filing with the new spouse instead of single, it may make different in their taxable net income, which could ultimately modify the amount of support. Furthermore, if a party gets a child with his or her new spouse, it may affect the amount of support.

Calculation method of child support in Michigan

Michigan Child Support Formula Manual provides the detailed particulars concerning the calculation of child support in Michigan. Almost all Friend of the Courts in Michigan use Michigan child support calculators or any one of the two prognosticators, Springfield Prognosticator and Marginsoft Prognosticator, where you can put your particular information of the case as data input, and they generate a prognostication, or an output which gives you the proper amounts of support. These prognosticators which are applied by the Courts in Michigan can be purchased by the public and are available online and give accurate information if you input into them correct data of the Child Support case in Michigan.

Child support can be modified

At any time child support is specified in an order by the Court in Michigan may be amended in the later times, if the stipulations stated in the Michigan Child Support Formula are realized. The most important factor here is that child support can only be altered for the incoming days, and medications cannot be made for the past times. Thus, you need to file a Motion Regarding Child Support without any delay if you are going through a variation in the situations. You can do it on your own through the Friend of the Court or with the help of an attorney. Because child support can be modified at any time, if an agreement is done for no child support to a party, and one party comes to the Court for support, the Court may grant a child support order, despite the previous agreement between the parties.

Out Of State Child Support

Enforcement and modification of out-of-state child support orders are controlled by the Uniform Interstate Family support Act (UIFSA). For your convenience, each family law attorney in Michigan offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Michigan child support lawyer is waiting to speak with you about your legal matters.

Payment procedure of child support in Michigan

As per common requirement of Court orders of MI child support, payments are to be made through the Michigan State Disbursement Unit, which functions as the centralized payment and distribution center for child support in the state. The Michigan State Disbursement Unit also functions for the enforcement of child support in Michigan. You can make direct payments to a party without going through the Michigan State Disbursement Unit. However, in that case, it needs to be validated by the judge in your case. It is not possible to prepay child support in Michigan. If “prepayment” is made by a party, and the party entitled to get support returns to court for obtaining support, the Court will sanction a fresh support order ignoring the prepayment.

Enforcement support: Criminal/felony charges

The Friend of the Court is responsible for enforcing child support orders. Many enforcement methods, such as income withholding, tax refund offset, credit reporting, passport denial can be used if a parent does not follow terms of the order. If child support collection and enforcement methods become unsuccessful, felony non-support charge is generally issued against the parent in fault. The Friend of the Court can refer the case to the county prosecutor, who may charge the person who owes support with the crime of felony non-support. In some counties, the case may be referred to the Attorney General for criminal prosecution of felony non-support.

Child Custody in Michigan – What You Need to Know

Many people want to know from the child custody lawyers in Michigan about how the issues of child custody and matters related to visitation or parenting time are resolved in Michigan in divorce cases. Michigan divorce and Michigan child custody lawyers may assist you to know the applicable legal procedures of the Michigan child custody issues. The following is an attempt to introduce you with the basic rules related to child custody laws in Michigan, joint custody in Michigan and laws related to parenting time which you may consider useful.

Agreements on child custody in Michigan

If both the husband and the wife are unanimous about the custody of a child custody or arrangement of parenting time, they may consent to enter a written order with the Court which put into words the stipulations of the arrangement. As a rule, the Court will enter the agreed upon order if the order goes along with the law of the state. In Michigan, physical custody may be granted as shared custody arrangements, joint physical custody, or as sole physical custody.

Where father and mother do not agree: contested custody

If the father and the mother of a child cannot reach to agreement about the custody and parenting time arrangement, the court makes a custody award by using the “best interests of the child factors” of the Michigan Child Custody Act of 1970. Typically, the disputed matter is first assigned to the Friend of the Court to conduct an investigation and make recommendation. If one of spouses does not agree to the recommendation drawn up by the Friend of the Court, then the matter is either placed for an evidentiary hearing or a trial.

Factors to be considered in determining child custody by the courts

The court estimates the “best interests of the child” factors, as mentioned in the Michigan statutes at MCL 722.23, if there is no established custody order. If an established custody order is present, then prior to evaluate the “best interests of the child” factors, the Court will have to search out first whether there is a change in the facts. If there is a change in the facts, then the Court will review the “best interests of the child”, as stated the Michigan statutes at MCL 722.23.
According to the Michigan statutes at MCL 722.23, “best interests of the child” means the sum total of the following factors to be considered, evaluated, and determined by the court:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute. (MCL 722.23)
All of the above mentioned factors are considered by the Court in determining child custody In Michigan. Many people often think that a child (after reaching a certain age) may choose with whom he or she desires to live. But the fact is the child will have be an adult (age 18) for making a living preference. Even though factor (i), mentioned above, indicates for consideration of the reasonable preference of the child in determining custody, it is not the only factor to make a decision; it is only one factor to be evaluated among the other factors.

Joint custody

The court will encourage joint legal custody in Michigan in custody disputes between parents of child. The Court can also consider awarding of joint custody at the request of any of the disputing parents. Even after granting a form of physical custody, both the spouses are normally given joint legal custody of their children, enabling them to get involved equitably in the education, medical and religious choices for their children. The factors considered by the Court in determining joint custody of a child includes “best interests of the child”, as stated in the Michigan statutes at MCL 722.23, whether the parents of the child will be able to cooperate with each other and usually agree regarding vital decisions affecting the child’s welfare etc. Usually, the court awards joint custody if the parents agree on joint custody. When awarding joint custody, the court may add in its award an announcement concerning when the child shall reside with each parent.

Parenting time

The Court shall grant parenting time in consideration of the best interests of the child. For this purpose, it will be presumed that the child has a strong relationship with both of his or her parents. The Court shall grant parenting time to a parent in a frequency, duration, and type logically computed to promote a strong relationship between the child and the parents. For your convenience, each family law and Detroit child custody attorney offers a free phone consultation.

How To Prepare For A Divorce In Michigan

Probable divorce clients routinely wanted to know from the Michigan divorce attorneys about the course of action to prepare for a divorce. Though no one prefers to imagine that his/her marriage is going to cease, unneeded hassle and dispute can be prevented by thinking advance and taking preparation for a divorce. A list of steps to be taken to prepare for divorce is provided here; the list is recommended by divorce lawyers in Michigan. The list contains guidelines applicable for usual situations and it is not designed to solve any distinct legal problem. To work out distinct circumstances of your divorce, you need to consult with a Michigan divorce lawyer of your choosing.

• Try joint counseling. Efforts can be made through joint counseling to ensure every possible endeavor to protect your marriage.
• Seek advice from a lawyer. Choose a competent family law attorney and discuss all questions about your legal rights upon the divorce.
• Explore available community resources. Search community resources accessible to you and to your children for Michigan divorce workshops, financial assistance and counseling, etc.
• Consider joining a support group. Get a person with wisdom to discuss about your life happenings. Some local newspapers, for example Oakland Press, publish listing of present-day programs of local support groups. Some local community and religious and organizations regularly arrange workshops on recovery of divorce.
• Medication. Complexities related to divorce can cause clinical depression on most of the people. Consult with a doctor or therapist about suitable medications to assist you to overcome the difficult moments.
• Read relevant books. Relevant books on divorce can be found in the bookstore or public library will also help you to be informed on the divorce procedure.

• Separate Post Office Box. Think about having a post office box for keeping secrecy of your mail if your spouse and you are still living in the same house during the divorce events.
• Maintain your documents in a protected place. Do not keep your documents where you and your spouse usually reside; keep them in a safe place; it may be a deposit box at a bank or your friend’s house.
• Prepare a history of your relationship. Put down details history of your conjugal life for your lawyer. Insert the date when you get married, dates of birth of your children, dates of acquiring large properties, and an inventory of the assets with their prices which either you or your spouse achieved and succeeded after the marriage.
• Track your spouse’s correspondence. Keep notices on your spouse’s mails. If your spouse does not allow you to open his/her mail, try to keep a list of the senders names and addresses. If you are allowed to open the mails, make copies of all important documents, for example, letters from banks, credit card providers, insurance companies etc.

• Be aware of what you possess. Collect information about the properties of your ownership. Prepare a list of debts and assets of you and your spouse. All considerable assets and real properties and values of the properties will have to be included in the list.
• Prepare a list of your valuables. Conduct an inventory of all high-priced stuffs of your house, take pictures of the stuffs and list them with approximate price of each item.
• Keep copies of last one year’s all statements. Get copies of tax returns, property tax statements, bank account records and statements, all insurance policies, deeds of properties, brokerage statements, etc. Store these copies in a protected place.

• Know your debts. Collect your annual credit report.
• Have copies of all documents related to debts and loans. Gather copies of documents related debts and loans of you and your spouse, including home loan statements, credit card statements, mortgage statements, car loans and all other loans. Store copies of these documents in a protected place.

• Create your personal credit. To develop your credit history, get a credit card in your own name if you do not have any credit card already. Otherwise, You will experience difficulty after divorce to buy a car, house, etc without any credit history.
• Know your joint accounts. All joint credit card accounts should be closed when you are ready for getting separated.
• Do not generate new debt. Do not generate any new debts and also do not permit your spouse to do the same. Avoid making major purchases or letting your spouse to do so immediately before the filing for divorce or while the divorce proceedings is going on.

• Outstanding items. If you have any special items which are owned by you, think about shifting such things from the house. Maintain records of these items, as you will have to answer for them during the proceedings of divorce.
• Protect incriminating evidence about your spouse. If you have any incriminating evidence about your spouse like copies of emails to his/her girlfriend/boyfriend, video tapes, his/her diary, store these items in a secure place.
• Spend from joint funds. Before you go for separation, avail joint funds to purchase dresses for you and your children, fix up your car or house, and spend for medical checkup dental treatment.
• Put aside funds for separation. You can put aside some cash reserves for both you and your spouse to utilize during the initial periods of separation.
• Split up joint funds. Think about shifting your portion of the joint funds to your personal bank account; however, do not spend the fund carelessly as you will have to account for it to the Court.
• Preserve funds for attorney. Arrange some funds for hiring a lawyer.
• Clear debts. Before you go for separation, think about reimbursing bills and credit cards which are in your own name from the joint funds.
• Retain inherited funds detached. Retain all inherited funds away from your spouse.
• Defer probable income or bonuses. For the purpose of reducing your probable liability for support and alimony, think about deferring income or bonuses till the divorce process completed. Also try to know your spouse’s probable bonuses or deferred income.

• Know your expenses. Get well informed with the expenditures connected with maintaining family residence and associated necessities of your children and spouse because either you or your spouse might have to maintain a different residence along with your children during the proceedings of the divorce.

• Work out your future career options. Plan your future career considering the financial impact the divorce may bring in your income.
• Analyze the tax effects. Discuss with your accountant about possible effects on the payable taxes as a result of adopting different options, like dependency exemptions for the children or keeping the house.
• Plan your living place. Plan a place where you want to live after the settlement of your divorce.

• Start negotiating. If possible, start discussing with your wife about the divorce in a tranquil manner. But do not make any agreements with your spouse in written without consulting your attorney. Try to locate on what point your spouse is ready to give concessions. Unearth what your spouse is not interested in dislodging.

• Do not make hurry in doing all the things recommended here. Advance for a divorce slowly and cautiously.
• Divorce can be a terrifying experience, but it can initiate a new outset in your life. Be informed and prepared. By doing so turn your divorce experience positive rather than terrifying.

For your convenience, each family law attorney in Michigan offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Michigan family law attorney is waiting to speak with you about your legal matters.

Disclaimer: The information presented on this website by our Michigan family law lawyers is not considered legal advice and for informational purposes only. We do not guarantee that the validity of the material presented here and that the content is error-free. Utilizing our website does not in any way create an attorney-client relationship. For legal advice, please contact our experienced Michigan family attorneys at (877) 737-8800.

Michigan Motorcycle Helmet Law

Michigan state law provides safeguards to the Michigan motorcycle operators and riders, and also imposes some obligations on them. If a motorcycle operator gets injury by accident due to negligence of another vehicle driver, Michigan motorcycle law compels that negligent driver liable for the motorcycle accident. Moreover, injured motorcycle operator can secure compensation. Such compensations can include payment for injury and distress, scar on the body, disfigurement, loss of pleasure of life, financial loss, no fault benefits, and more. However, a motorcycle operator also needs to follow some rules and obey the relevant state laws on motorcycle.

Under the Michigan Motorcycle Helmet Law, motorcycle operators or riders need wearing crash helmets on their heads. Such crash helmets are to be validated by the MI police department. However, a motorcycle operator is not required to wear a crash helmet on his/her head if he/she meets the following prerequisites:
(a) He/she is twenty one years of age or older;
(b) He/she has had a motorcycle endorsement on his/her operator’s or chauffeur’s license for not less than two years or the person passes a motorcycle safety course;
(c) The operator has effective first-party medical benefits insurance of an amount of minimum $ 20,000.00 payable if he/she falls in a motorcycle accident. If a person is riding on the motorcycle with the operator, each such rider also needs an insurance of a minimum amount of $ 20,000.00 to be exempted from wearing a crash helmet.

Since Michigan is a no-fault state, motorcycle operators who encounter accidents enjoy some specific benefits. In case of a motorcycle crashes with a motor vehicle, motorcycle operators are eligible to obtain benefits available under no-fault law. But if the crash happens with another motorcycle, Michigan motorcycle operators and riders do not qualify for benefits available under no-fault law. There is no pecuniary ceiling of the quantity of care to be dispensed. Unrestricted medical reimbursements may be given for life. In case of First-Party no-fault Claim, injured person’s insurance provider usually reimburses them spending for medical treatment, medical mileage, loss of wages, aide needed for care etc.

Under the Michigan Vehicle Code “motor vehicle” means a self-driven appliance by which a person or stuff can be carried through a public highway. If an injury is caused by the negligent operation or driving of a motor vehicle, the owner of the motor vehicle shall be liable for the negligence. Such negligence can be made up of a breach of a Michigan statute or the failure to take reasonable precautions to prevent foreseeable injuries to others. However, the owner shall not be held responsible if someone drives the motor vehicle without the owner’s implied or expressed knowledge or consent. If the spouse, father, mother, brother, sister, son, daughter, or any other immediate family member of the owner of the motor vehicle drives the vehicle at the time of the injury, it will be presumed that the person driving the vehicle has obtained the consent of the owner. However, “owner” does not include a person involved in the business of leasing motor vehicles who is the lesser of a motor vehicle in conformity with a lease offering the operate of the motor vehicle by the lessee for a period of more than thirty days.

In any suit, in a court in Michigan if it is corroborated by appropriate evidence, that a motor vehicle running to a definite route, overtakes and strikes the back part of another vehicle moving in the identical way, or standing legally in a highway of Michigan, the first vehicle’s driver or operator shall be considered prima facie (“at first sight”) guilty for negligence. This provision shall applicable to the owner of the first vehicle and to the operator or driver’s employer of that vehicle. The vehicle’s owner, the back part of which is struck in the situations stated above, shall not be able to get the protection of law if the accident happens at night (within the period of one hour after sunset and one hour before sunrise), and the standing vehicle does not light lantern or lamp realistically discernible to the vehicle drivers driving from the back.

If a person encountered a motorcycle accident in Michigan, he/she may look for the counsel of a licensed Michigan motorcycle accident lawyer. They  help motorcycle accident victims to know the laws of the state that applicable for a certain situation. Michigan Personal Injury Lawyer provides this service for the victims of motorcycle accidents without charging any fees. They charge you fees only after you get compensation for your injury or damages. However, to get justice or to get appropriate compensation, you must contact a lawyer within the soonest possible time after the accident occurrence. After reviewing many motorcycle accident cases, it is observed that the sooner the victim takes help of a lawyer and describes the details of the accident to the lawyer, the more likely the victim is to win the case. This is because, after a gap of long time the victim usually forgets many important details of the occurrence. Moreover, witnesses, medical care providers, and police usually do not keep the memory of the motorcycle accident and occurrence for long.

For your convenience, each attorney in Michigan offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Michigan motorcycle accident attorney is waiting to speak with you about your legal matters.

Disclaimer: The information presented on this website by our accident lawyers is not considered legal advice and for informational purposes only. We do not guarantee that the validity of the material presented here and that the content is error-free. Utilizing our website does not in any way create an attorney-client relationship. For legal advice, please contact our experienced Michigan motorcycle accident attorneys at (877) 737-8800.

For additional information, please see Michigan  Motorcycle Accident Attorneys.

Michigan Divorce Process

A marriage can be terminated in Michigan through three modes: (a) Annulment: annulment is declaring the marriage invalid through a petition submitted to the court on grounds of under age, fraud or lack of cohabitation. (b) Separate maintenance: in a suit for separate maintenance, the court is requested to split up the conjugal property; however, retaining the marriage operative. Child support and custody are also determined. (c) Divorce: by filing a divorce suit, either husband or wife announces that the conjugal life has concluded and that there is no possibility that it will be reconciled.

A person can file a divorce suit in a Michigan county Circuit Court if that person has resided 10 days in the county and 180 days in the state immediately preceding the filing of the complaint. If the spouses have minor children, it may take minimum six months to end the process; in other respects, it may take minimum sixty days.

What procedures are to be followed and what will be the cost of divorce in Michigan depend mainly on the type of divorce process you opted for. Divorce may be contested or uncontested. Many factors may be associated in a contested divorce such as either husband or wife is not willing to terminate the marriage, they do not agree on dividing their property and difference of opinion on child custody, support etc. On the contrary, in an uncontested divorce, husband and wife assent to the divorce and have settled the disputed issues. Uncontested divorce in Michigan will be less expensive and less time consuming.

Divorce may be with fault or no-fault. In a divorce with fault, faults of one spouse are considered as reasons for the termination by the other spouse. Example of such causes or faults may be brutality or abuse, adultery, or other similar acts committed by the one spouse towards other. On the contrary, in a no-fault divorce, the spouse demanding the divorce is not in an obligation to prove that the other spouse did any fault or wrong. No fault divorces have many blessings that include keeping the cost of divorce to a minimum and spending less time. No fault divorce is allowed in Michigan under the Michigan divorce statute.

The divorce process begins by filing the complaint to the appropriate court either by husband or wife. Usually the parties employ an attorney for this purpose. You can choose a Michigan divorce lawyer to take care of the legal process needed for your divorce case. A copy of the complaint will be served to the other party after filing of the complaint. Upon receiving the complaint, the other party answers, usually through an attorney, the accusations mentioned in the complaint.

With the filing, answering or default in answering the complaint the divorce process commences. Most of the divorce proceedings have some issues that need to be attended promptly, such as child custody, joint custody, child support, support arrears, visitation or parenting time, restraining transfer of joint or community property, injunctions to prevent harassment etc. The court issues temporary/interim orders upon a hearing of the parties or on the consensus of the parties on an issue. Such orders remain in effect until the court makes further orders or till disposal of the proceeding.

If spouses have minor children, they will have to go to the Friend of the Court (FOC), a division of the circuit court. The Friend of the Court will investigate and make recommendation on matters related to minor children custody, support, support arrearage, Michigan joint custody, parenting time, and spousal support or alimony etc.

Typically discovery is needed if the quantity and prices of the community or joint property are unknown to the one or both the spouses. Usual execution process of it is one party sends interrogatories to the other party. In the interrogatories, a party has to answer questions under oath raised by the other party. One party can also ask the other party to produce documents.

To keep away from unpredictability and expenditure of a trial of Divorce, some parties may opt to settle the disputed issues of their case through negotiation, which is an alternative dispute resolution process, to reach to an agreement. It may take place at any stage of the divorce procedure. The attorneys will prepare an intended Judgment of the Divorce if the parties get successful in the negotiation and reach to a consensus on the disputed issues of their Divorce case.

Mediation is another alternative dispute resolution process to settle a divorce case without going to trial. In the process of Mediation, the parties nominate a neutral third party, who is customarily another attorney or Friend of Court, to assist them to reconcile their disputes. If the parties reach to a consensus through mediation, the agreement is placed on the court’s record. If the proceeding is not pending in the court, the mediator shall prepare a mediation agreement, and the parties will sign the agreement.

Arbitration follows almost similar procedure as mediation excepting some special characteristics. Arbitration is legally binding on the parties. An arbitrator can be another attorney. A retired judge can also be an arbitrator in some cases. The arbitrator shall at the outset make an effort to settle through the consensus of the parties. If the settlement attempt fails the arbitrator shall commence to hear evidence produced by the parties. The arbitrator shall deliver a ruling after hearing all the evidence produced by the parties.
Trial

The Court shall initiate a Trial if the parties fail to settle through alternative dispute resolution procedures. The parties and their attorneys will appear and present testimony and evidence to prove their claims true. An opinion on the disputed issues shall be passed by the Family Court judge at the end of the trial.

For your convenience, each Family Law attorney in Michigan offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Michigan family law/divorce attorney is waiting to speak with you about your legal matters.

Disclaimer: The information presented on this website is not legal advice and is only for informational purposes. We do not guarantee that the material presented here is error-free and utilizing our website does not in any way create an attorney-client relationship. For legal advise, please contact the law firm of Goldman & Associates at (877) 737-8800.

After a Car Crash, Keep Quiet to Protect Yourself | What To Do After a Car Accident

There is an old saying made popular by Baby Boomers that says “sticks and stones can break my bones but words can never hurt me.” Grown-ups know that’s simply not true. The wrong words said at the wrong time can create a legal quagmire.

Let’s say for example you’re driving in stop-and-go traffic on Big Beaver Road in Troy on a weekday afternoon. It’s tedious already. People stop short. Others don’t signal. It’s warm and that’s distracting enough. Plus your mind is on those new Tori Burch shoes you bought from Nordstrom at Somerset instead of paying full attention to the road.

You’re on autopilot because you’ve driven this stretch of pavement 1,000 times.

You know what’s next. As brake lights light up suddenly, you’re not prepared (because a text is coming through) and your car kisses the bumper of the car in front of you.

Your car is fine. The other person is a fussbudget, is very unpleasant, obnoxious and overbearing and is screaming how this is “all your fault!!!”

Most people will give this knee-jerk response: “I’m sorry,” or maybe “I’ll take care of this.”

Wrong answer. Even though you might feel responsible because you were distracted by the text, you’re putting yourself in a weakened position legally if the other driver is litigious and wants to embellish what really happened.

Saying sorry “might not be the best thing to do,” Natalie Dupuis, an executive with RBC Insurance, said in an interview with the Globe and Mail newspaper in Toronto.

“Such a statement could be interpreted as an admission of guilt when police and investigators determine fault for the collision. It could be the beginning of an expensive mistake – whether it comes up again in terms of setting insurance rates or as testimony in a court case.”

If you are in an accident, don’t go about your merry way. You must contact your insurance company, even if you have PLPD and even if you don’t want to file a claim for repairs.

“A major misconception that people have is that if they alert their insurance company of an accident, their rates will automatically rise,” Dupuis said. “If you were not at fault, your rates should not go up.”

At an accident scene, DO:

– Get insurance information and a phone number from the driver of the other vehicle, regardless of who’s at fault.

– Ask witnesses for their phone numbers.

– Accept medical treatment or a ride to the hospital if you feel hurt in any way.

At an accident scene, DO NOT:

– Tell anyone you were at fault, even if you think you are. If it gets to court, it will be up to the other side to prove you caused damage.

– Sign anything other than a police report.

– Offer to pay the other person money for anything. This could be construed in court as an admission of guilt.

After a car accident
After an accident, it is imperative that you contact an experienced Michigan car accident attorney right away. An experienced Michigan car accident lawyer can assist you in defending your rights and putting the law on your side.

Each of our car accident attorneys in Michigan offers a free consultation and case evaluation. Contact us today by calling (877) 737-8800 toll-free. An experienced car accident lawyer is waiting to speak with you about your legal matters.

Disclaimer: The information presented on this website by our car accident lawyers is not considered legal advice and for informational purposes only. We do not guarantee that the validity of the material presented here and that the content is error-free. Utilizing our website does not in any way create an attorney-client relationship. For legal advice, please contact our experienced Michigan attorneys at (877) 737-8800.