Hiring a Michigan Divorce Attorney

How to Choose a Michigan Divorce Lawyer

Since divorce calls for complex legal procedure, usually lawyers who has specialized training and knowledge in family law deal the matter. Divorce, which is also termed as dissolution of marriage, entails breaking up of a marriage and sharing out property and debt. The matter further involves deciding whether husband or wife will have child guardianship and custody, who will recompense child’s living expenses, and in some cases living expenses of the spouse.

Depending on the type of divorce and the level of contention between the parties, the process may take months or even years. For representing a divorce matter, Lawyers must have in-depth understanding of family law and family court procedures. Moreover, law related to divorce differs from state to state. Therefore, if you reside in MI and are in a problem of divorce or other family law matters, you need to choose an attorney from Michigan family law attorneys for consulting your particular problem.

Divorce Procedures
Usually, the procedure is initiated either by an informal separation or a formal agreement for separation. It is followed by a petition for dissolution. In some cases, one of the spouses may choose a lawyer to represent for filing a motion for temporary orders. After that, the dissolution procedure may go through some alternative dispute resolution procedures, such as discovery, negotiation and settlement discussions, and often mediation before it goes on a trial. If the alternative dispute resolution procedures fail, it is referred in a trial for solving disputed matters and deciding a type of dissolution that would be most convenient and expected to the spouses. For choosing a method for divorce you must know the divorce law specific to your state where you reside or the divorce has occurred. Divorce lawyers in Michigan
can explain MI state statutes related to divorce.

Categories of Divorces
Fault or no-fault divorce: Depending of its’ nature, divorce has been classified into different types and categories. The basic crucial category is divorce with or without fault. Fault generated break up happens when the spouse seeking divorce alleges that the other spouse was expressly at fault for the collapse of the marriage. In a divorce with fault, one spouse’s faults are regarded as grounds for the dissolution by the other spouse. Such grounds may include cruelty or abuse, adultery, or other unlawful acts done by the one spouse against the other. Whether an alleged act of a spouse will be deemed as fault or not differs from state to state. The splitting out of property, child guardianship, subsistence, and alimony may be affected by the nature of faults committed.

On the contrary, in a no-fault divorce, the spouse seeking the divorce need not demonstrate that the other spouse is at fault. Therefore, the petition requesting dissolution of the marriage from the court can be filed without showing grounds. Examples of such divorce include irreconcilable differences, irremedial breakdown of marriage, and irretrievable breakdown of marriage. No fault divorces have many advantages, including bringing down the sum of money and time spent and enabling exclusive conjugal details to remain private.

Michigan has enacted a no fault divorce law, pursuant to which residents of MI can obtain a divorce without establishing that the other party did something wrong. For details about no-fault divorce procedure in Michigan, consult with a Michigan divorce attorney

Contested or Michigan Uncontested Divorce: Whether the divorce will be contested or uncontested depends on whether the spouses agree or disagree on the relevant matters, such as, sharing out of property, custody of child and other matters that typically come into being. In an uncontested divorce, one spouse may serve notice for divorce or file petition for divorce, and the other may simply consent with the terms and approve to the dissolution as advanced.

In a contested divorce, there will be at least one disputed issue that the spouses do not agree upon. At the initial stage of the procedure, spouses usually try to settle their disputed issues or non-agreed matters amongst themselves or with the help of their attorneys or a mediator. Issues that are not settled through the mediation are decided by the court in a trial or hearing.

Summary Divorce: Concluding the divorce procedure in a summarized way, which is known as summary or simplified divorce, is possible if the spouses agree on the property division and other issues of disputes, and their situations fulfill certain requirements so that the law permits the divorce with comparatively little supervision of the court. To be eligible for a summary divorce, the spouses customarily must not be in possession of a home or mortgage. However, there is typically a maximum amount of community property and separate property that the spouses may possess. Another stipulation for summary divorce is that the couple must not have children together, but in some states it may be acceptable if custody and visitation issues have already been decided prior to the summary divorce.

Divorce through Alternative Dispute Resolution (ADR): When no-fault divorce procedures were not available, different types of alternative divorce procedures have emerged with the motivation of reducing the clash and spending connected with legal costs since legal procedures for divorce are often expensive and damaging for both husband and wife.

Collaboration between divorce attorneys and their divorce seeking clients or Collaborative divorce is one of such alternative procedures where distinct regulations have been framed to inhibit the multiplicity of dispute common during litigation. For example, if the parties fail to reach to a consensus at some point of the collaborative process and prefer to move to litigation, each of them must find new attorneys for further representation since the attorneys representing the spouses in the collaborative procedure may not carry on to represent them. It is hypothesized that collaborative legal attorneys will drive their endeavor and contemplation toward helping their clients settle since breakdown of the collaborative process means the loss of their clients.

Mediation is another method for carrying out divorce in a alternative way. In some states, adopting mediation procedure, which is called mediated divorce, for carrying out divorce is optional out of court process at the option of the spouses. On the other hand, mediation may be a regular process at the recommendation or requirement of the court or by the preference of the parties. In some states, mediation may even be instructed by some courts instead of a settlement conference. Mediation enables the parties to try to settle employing a non-partisan mediator who helps the parties negotiate and, compromise to reach to a consensus on the disputed matters. In mediation, the spouses have better control in deciding disputes; In contrast, in a trial, a judge dictates the terms of property distribution and other issues which may even go against the wishes of both the parties. Consult a divorce lawyer in Michigan to know about the alternative dispute resolution (ADR) procedures of divorce available under the MI statutes.

Submitting Divorce Petition
Divorce procedure is initiated by filing of divorce petition by the attorney on behalf of the client. Divorce petition is also known as a complaint for dissolution of marriage. Through the submission of divorce petition, the procedure enters into the court system. The petition usually contains some basic information such as whether the spouses have any children and what the petitioner spouse solicits regarding guardianship and living expenses of children. Statements revealing information about income, expenses, and separate and community property possessed by each spouse may be submitted either at this stage or later on in the proceedings. If you live in Michigan, and thinking to file a divorce petition, you need to choose a Michigan divorce attorney to represent you in the court.

Temporary Restraining Orders
Upon filing of the petition, temporary restraining or injunction order may be sought from the court. Depending on the state, such orders may impose restriction on the spouses from undertaking some actions with regard to property, and other relevant things. For example, a spouse may not withdraw or transfer funds from joint bank accounts, sell real estate or other property, or spend large amount for unnecessary purchases. Some states also prohibit altering insurance policies and wills while the divorce procedure is at the court to be decided.

Attorney of the either party may plead for further temporary orders from the court In addition to the temporary restraining orders concerning marital or community property. The temporary orders classically comprised of applications for child custody orders, child subsistence, support for the spouse, and for exclusive occupancy of the family home or single use of some community property such as a car. If you are in MI, consult with a Michigan divorce attorney to discuss about the types of temporary restraining orders available under the Michigan statutes.

The court issues temporary orders after a hearing of the parties or if the parties agree on an issue. Such orders remain in effect until the court makes further orders in the proceeding, which usually doesn’t happen until the parties reach a settlement or until the court hears the case to settle issues the parents failed to solve amongst themselves.

Property Division in Michigan
How a divorce is tackled by the court and by lawyers engaged in the case depends somewhat on which state the couple resides and files petition for divorce. If the couple resides and files their petition in a community property state, the property division will be different than if the divorce happens in an equitable distribution state.

States, called community property states, have adopted community property law under which the earnings of the either spouse are the property of both the husband and the wife. Hence, in a community property state, all income is viewed as community property, which means that each spouse is the owner of half of such property without reference to who acquired it. However, property received prior to marriage, through gift or inheritance, or after divorce or separation is separate property, and is not considered as community property. Upon division, husband usually gets 50% and wife also gets 50% of the community property. However, in some states adjustments may be made if one spouse has sizeable separate assets or under other situations.

In an equitable distribution state, which is also known as a common law property state, the court may apply more discretion in deciding the way of distributing property between two spouses. There are many factors a court may contemplate in determining the way of distributing property and assets in states who apply this method. Factors cover the duration of the marriage, property brought into the marriage by each spouse, and the earning capacity and contribution to the marriage by each spouse, including contribution to the acquisition of property and other contributions such as household upkeep and child care by a homemaker.

Michigan is not a community property state, it is an equitable distribution state. Therefore, marital property and assets are divided in a manner that will allow both parties to have as equal a share as possible, but not necessarily a 50-50 division. Consult with a Michigan Family Law Attorney
for details. Remember that whereas in a community property state it is usually foreseeable how the property will be distributed, in an equitable distribution state it is much more difficult to anticipate.

For your convenience, each Michigan Divorce Attorney offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800. An experienced Divorce Lawyer is waiting to speak with you about your legal rights.

Getting Help From A Michigan Dog Bite Attorney

Michigan Attorney Akiva Goldman

If a person receives injury to his/her body or damage to his/her property as a consequence of violent or cruel activities of a dog can secure recovery in two ways. Damages of the suffered injuries can be recovered from either the person who is owner the dog or the person who takes care of the dog, but in no way from the both. You can sue a person who lives near to you, and he/she is the owner of the dog that causes injury to you. However, a complex situation turns up if the dog does not stays around the custody of the owner; instead, another person keeps it for the time being. If someone apart from the owner of the dog has assumed control of overseeing, command, and supervision of the dog, such person can be considered responsible for the injuries the dog makes happen as long as the dog is under the care of the keeper.

In such a case, the keeper will be held responsible even if he/she has not taken permission of the owner. The person that suffered injury has the option to sue either the person who is the owner or the person who is keeping the dog.

Dog Bite Injuries

Under the commonwealth legal practices, the first bite is always considered free for the owner of the dog. Therefore, in a suit for recovering damages for negligence under the common law practices, the injured party will have to prove that the owner of the dog had comprehension about the dog’s violent tendencies, and with that prior comprehension, the owner of the dog was neglectful or inattentive in controlling the dog. Undoubtedly, it would be very much difficult to prove that the owner of the dog had prior knowledge about the violent tendencies of the dog, especially if there is no previous record that the dog has attacked or bitten anybody which could have warned the owner.

Hence, in a suit for recovery of damages for negligence, an owner can avail the absence of comprehension of the dog’s tendencies as an excuse for the allegation of negligence on the ground that the dog owner did not know the dog’s violent tendencies. In a suit for damages for negligence, the victim will have to prove that the owner of the dog did not take logical precautions or did not act in a “standard of care”. Tort law attributes the duty to act in a given circumstance with the same amount of care as a reasonable person would exercise in the same or a similar circumstance. Thus, the dog owner’s endeavors to supervise and keep in check of his/her dog would be assessed with what a rational dog owner, not having any ideas of his dog’s violent tendencies, could have carried out. Likewise, if the dog owner aware of the dog’s violent tendencies, the dog owner’s efforts would be compared with what justifiable care could have been employed, with the comprehension that the dog was savage.

To exempt the injured person from the strenuous burden of exhibiting the owner’s comprehension of a dog’s violent tendencies, the Michigan State Legislature enacted a statute on dog bite which imposes liability strictly on either the person who is dog’s owner or the person who is keeping the dog for the injuries and damages of properties caused by the dog. The Dog Bite Statute stated that if a person gets injury to his/her body or to his/her property, he/she shall be eligible for recovery of damages from the owner, keeper, or possessor of the dog. As per this strict liability statute, the owner of the dog is made absolutely responsible for any sufferings or damages a dog generates; here it is immaterial whether the dog owner was aware of violent tendencies of the dog or not. Under the statute, the focus of attention is strictly on the dog’s action. Because the statute causes to become the owner’s comprehension an unacceptable issue, it puts an end to the scope of any excuse for the dog owner on the ground that he/she exercised rational care to check the dog. Hence, the standard of care or precautions does not spare the owner to slip away from liability in a strict liability case.

The sole element needed in a suit to recover damages for injuries under the Michigan Dog Bite Statute is that the disputed dog committed vicious or malicious act. A dog’s malicious or vicious acts include some activities apart from the existence of the dog on the spot. For example, if anyone becomes scared merely by seeing a dog, and as a result, gets injured by running or otherwise, it may not be considered as malicious or vicious act by the dog. However, a dog needs not to bite a person in real for its activities to be categorized as cruel or violent. Example of a cruel act may be a dog chasing at a person, or the property of the person, which endangers that person to get injury in any way, even though the dog does not bite that person. If you reside in Michigan or such an occurrence has happened in Michigan, and you are wondering whether you are competent to file a recovery of damage suit, you should consult a dog bite attorney in Michigan, who can explain the particular legal provision that fit in your situation.

Though the statute for Dog Bite removes the excuse or defense of rational precautions or standard of care by the dog owner; a dog owner has the opportunity to avail the defense on the ground of Comparative Causation, which tries to determine who is more responsible for the injury. A dog owner might insist that the person who got injured was liable entirely or to a certain extent for the received injuries in view of the fact of injured person’s modes of reaction to the dog’s action. If a dog owner can prove that the wounded person willingly or irrationally put himself/herself to a predictable risk for getting injury, the person, who suffered injury, may be awarded decreased damages for such injury. The cutback is usually commensurate with the intensity of the party’s fault in having injury in the occurrence. An injured person will not be awarded any compensation if his/her fault is found more than 50%. To evaluate comparative fault, a court will take account of the surrounding circumstances of the incident. You can consult a Michigan dog bite attorney for assessing comparative faults in a particular situation.

If your neighbor’s dog attacks your dog and damages your property, it may be considered that the dog’s act is vicious. It also became visible that you did not have any scope to adopt other alternative measures to counter the attack. In such a situation, the court will most likely observe that you acted rationally by interfering to resist a proximate attack on your dog and property. In such a situation, if you reside in Michigan or the attack happens in Michigan, it will be rational for you to consult a Michigan dog bite lawyer.

So if you are planning for a recovery of damage suit for a dog biting, you need to consult a dog bite lawyers in Michigan are working to make the law accessible to the community. Our Michigan dog bite lawyers will work out your setbacks and talk about the law lucidly to make you able to take perfect decisions on a legal matter. PLEASE NOTE THAT UNLESS YOU GET COMPENSATION FOR YOUR INJURY OR DAMAGES OF YOUR PROPERTY, A MICHIGAN DOG BITE ATTORNEY WILL NEVER CHARGE YOU A FEE.

Michigan “Super Drunk” Law

Michigan Super Drunk Law

In Michigan, standard drunk drivers are those with blood alcohol contents of 0.08 to 0.16 percent. However, a recently enacted law called the “Super Drunk” law has increased the penalties of driving with an even higher BAC, or blood alcohol content. This law applies to drivers possessing no OUI convictions within the past 7 years operating a motor vehicle with a blood alcohol content of 0.17% or higher.

Drivers that do have a previous conviction earlier than 7 years face consequences of an even greater severity. While the maximum penalty of a traditional drunk driving case (a BAC under 0.17%), the maximum jail sentence is almost double that at 180 days. Also in a traditional conviction, you may be ordered 30 days of no driving before being able to apply for a restricted license, 150 days of restricted driving, and as many as 360 community service hours. In a Super Drunk case, there is no driving for 45 days and a restriction period of 320 days.

During the Super Drunk restricted driving period, a person charged is required to have an ignition interlock device installed for the entire 320 days. This device requires a person to provide breath samples when starting their vehicle and during intervals in which the vehicle is being operated. If restrictions are violated of the interlock registers 0.025% or higher, a person will receive another equivalent license penalty of a 45 day suspension and 320 day ignition interlock restriction. If caught driving without your interlock device after placement on Super Drunk restrictions, SD law required the impoundment of the vehicle you are found operating.

Another heightened facet of the Super Drunk law is the associated fine. Conventional drunk driving fines are anywhere from $100-$500, but SD fines are higher- from $200-$700. Someone convicted of SD driving must also receive mandatory alcohol treatment for at least one year.
Not only will a conviction under this new legislation compromise your driving privileges and possibly your current or future employment, but it will also create a criminal record for you.