Things To Expect At The Beginning Of A Divorce Case In Michigan

What Can I Expect In The Beginning Of A Divorce Case In Michigan?

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Divorce is one of life’s most unpleasant, frustrating, and stressful experiences. This is particularly true when the divorce involves complex legal concerns, such as custody fights, significant assets, and sometimes even domestic violence or abuse. Because of how important these issues are and how they could affect you financially and legally, your rights and interests must be protected.

Filing for a Divorce Case in Michigan

In Michigan, no proof of misconduct or wrongdoing is required to commence divorce proceedings. However, three legal conditions must be met before proceeding with the divorce. The requirements are as follows:

Both people must have lived and been together in Michigan for at least six months.
Filing for divorce should take place in the local county circuit court where both spouses stay.
According to Michigan Divorce Statute 552.6, at least one spouse must testify that the marriage has been ruined to the extent where the objects of matrimony have broken and there is no reasonable possibility of saving the marriage.

When the initial divorce filings are completed, the summons and complaint will be served to the other spouse, as well as any other documents filed with the court during the initial filing. Getting “served” is the term used to describe this. The extent and gravity of the other spouse’s cooperation and if they have hired counsel will determine how they are served.

The Michigan Divorce Process

A “no-fault” divorce is legal in Michigan. This implies that no evidence of wrongdoing by one spouse is required to secure a divorce. A divorce is a unilateral decision, which means that if one spouse asks one, the court will issue it regardless of whether the other spouse objects.

Find out if you are eligible to file for a divorce.

You must have lived in Michigan for at least 180 days and at least ten days in the county where the case will be filed.

File a complaint

The divorce complaint is forwarded to the Family Division of the Circuit Court in the county where both parties reside, and a family court judge is chosen at random.

Resolve the issue

The case is argued after the defendant responds to the complaint. Failure to respond will result in an uncontested divorce.

Issue of a Temporary Order

The Temporary Order frequently prohibits the parties from hiding or selling assets and decides on custody, debts, parenting time, child support, alimony (if needed), and who gets the marital home.

Beginning of the discovery phase

As soon as the case starts, the lawyers figure out which issues are likely to be contested and do research and discovery to find the facts they need.

Start of the Negotiations

Following discovery, the lawyer will discuss the client’s objectives and start settlement negotiations. If a settlement is reached, the parties may sign an agreement.

Mediation

Before or during the waiting period, the parties may voluntarily agree to mediation. Unless there’s a history of domestic violence, the court mandates mediation in every case. If the parties can’t agree, the court appoints a mediator.

Showing up in court

Lawyers represent parties at motion hearings and settlement conferences. The judge can assign a motion to a referee, a court-employed lawyer who hears divorce cases. A referee’s decision can be contested within 21 days.

A settlement conference will be scheduled

The court will also arrange a formal settlement, and both parties must attend. The lawyers may place the settlement terms “on the record” in court if they reach an agreement. Parties can’t change a settlement once it’s “on record.” However, a formal agreement “on the record” does not end a divorce. If attorneys and parties can’t address all issues during the settlement conference, the case will be tried.

The Final Judgment of Divorce is Published

It makes decisions about child support, property division, spousal support, custody, and parenting time, among other things.

Seek the Advice of a Skilled and Knowledgeable Michigan Lawyer Today

Goldman and Associates Law Firm represents individuals as well as firms of all shapes and sizes. We are well-versed in Michigan’s contract law and can provide you with all the pertinent information to know what to expect at the beginning of a divorce. Call or schedule an appointment today to discuss your situation and learn how we can help you.

How to Respond to a Child Negligence Charge in Michigan

What To Do If you’re Charged With Criminal Child Negligence?

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Child negligence refers to the careless treatment of a child, which includes failing to provide enough food, clothes, shelter, or medical attention. It occurs when someone hurts a child or threatens to hurt one. Furthermore, the harm resulted from neglecting or putting the child in danger. This includes failing to provide for your child or failing to interfere when another person is endangering your child.

What To Do When Charged With Child Negligence?

If you are accused of or charged with child negligence in Michigan, you should immediately contact an expert defense attorney. Child negligence allegations can get you imprisoned and keep you from your family and kids. When it comes to child neglect cases, the sooner you hire a competent lawyer, the better.

If you are charged with child negligence, you could lose your parental rights and go to jail. Prosecutors and Child Protective Services (CPS) frequently target parents in child abuse and neglect cases. Many forces are fighting against you in a CPS case. This includes the prosecutor, the CPS investigator, social workers, the guardian ad litem, and occasionally even court-appointed medical professionals.

The odds are against the parents, which makes it even more crucial that they hire a reputed and experienced defense lawyer. Your lawyer will be by your side throughout the process, helping you develop a solid legal defense.

Child Negligence Penalties in Michigan

If CPS finds child negligence, it will issue a severity rating of I-IV to the allegation. The most serious categories are I and II. If a complaint is classified as Category I or II, the perpetrator’s name will be added to the state’s Child Abuse and Neglect Central Registry. It will be taken off the list if the state rejects the petition or if a court or jury deems the allegations untrue.

The CPS may recommend or request services in any category. Services may include:

Parenting classes
Family violence assistance
Help with a drug or alcohol issue
Job training and placement services
Assistance with mental health issues
Counseling to control anger, stress, etc.
Help with developmental issues (Early On program)

If CPS determines that more serious action is required to keep the child safe, CPS may file a motion with the court. The petition initiates a court proceeding for child protection. A child protective proceeding differs from a criminal case. Because it is a continuous process, if CPS makes new petitions, they can be appended to the same case rather than launching new court cases.

While most petitions are filed by CPS, anyone can do so if they know a child who needs the court’s protection. The petition may request that the court perform one or more of the following:

Order the family to work with in-home services
Order the alleged abuser or neglecter to leave home
Order that the child be removed from the property
Remove parental rights in cases of serious abuse

Employ the Services of a Michigan Defense Attorney Today

Child negligence is a grave allegation that can put you in jail and cause you to lose custody of your child. Contact the Goldman and Associates team now if you need assistance defending yourself against criminal negligence claims and proving your innocence. Click here to set up an appointment.

What to Do if You’re Charged With Domestic Violence for the First Time in Michigan?

Domestic violence is no small matter in Michigan. It can be an escalating issue if you take it for granted. Domestic violence is important because somebody who’s charged with domestic violence not only has to deal with the criminal aspect but also has to contend with the impact on child custody proceedings. What to do if you’re charged with domestic violence for the first time.

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In Michigan, Domestic violence is a huge issue in family law in the state of Michigan. Domestic violence is important because somebody who’s charged with domestic violence not only has to deal with the criminal aspect but also has to contend with the impact on child custody proceedings.

The existence of domestic violence is one of the main considerations the court evaluates when deciding where a child should stay. Clearly, in a situation where all things are equal, domestic violence is a factor considered in court determinations. Domestic violence can weigh against the person who has this issue in the household.

The court will most likely award custody to the other party if one of the parties has a history of domestic violence.

So you have to be very careful.

What are the two reasons you should have your domestic violence case dismissed?

Anyone can be a victim of domestic violence. It affects any age, color, gender, or social class. It involves spouses or ex-spouses, domestic partners who live together or apart, dating or separated couples, parents, or children. Numerous offenses fall under the broad heading of domestic violence.

Here are two good reasons why you have to get your domestic violence case dismissed.

Number one: You might have a criminal record coming out of the domestic violence charge.

To appreciate the severity of a domestic violence charge, take note of the penalties defined by statutes.

First-time offenders face up to 93 days in jail and a $500 fine for a misdemeanor offense. A second infraction is likewise a misdemeanor, punishable by up to a year in jail and a $1,000 fine.

If you have been convicted of domestic assault and battery at least twice before, your third crime is treated as a felony, punishable by up to five years in prison and a $5,000 fine.

Your arrest, court proceedings, and penalties will create a paper trail you cannot easily hide from public scrutiny. It is a record. A bad one. You have to either avoid a situation where you can be charged with domestic abuse or find a way to expunge records detailing the charge of domestic abuse.

Domestic violence charges can be an issue you will have to face later. Get the best legal advice and defense if you are charged with domestic violence. Reason number two will explain why.

Number Two: You never know the possible implications on other aspects of your life.

It may have an impact on another case, other children, or on your active custody proceedings. It may impact job issues depending on what kind of profession you have.

When domestic abuse happens, serious repercussions follow. Criminal violations may result in jail time or fines. It can also mean no-contact orders, which may compel the offender to leave the family home or forbid contact between a parent and their child.

A restraining order may be issued against you to prevent you from hurting the victim.

When there is a reasonable suspicion of domestic violence, the court will impose a restraining order prohibiting the abuser from contacting the victim directly or indirectly. The prohibition can be by phone, text, email, letters, or other means. Any violation of such restraining measures, whether the victim initiates the contact or not, is prohibited and punishable by incarceration.

It is frequently your spouse who is accusing you. It effectively prevents you from seeing your kids.

A domestic violence restraining order may also affect other civil liberties. If your employment is in security, this can jeopardize your right to carry a firearm and prohibit you from carrying out your responsibilities. For example, a domestic abuser cannot purchase or possess a pistol under the provisions of the Brady Bill.

What to do with your first offense domestic violence case?

In all likelihood, in a domestic violence accusation, the spouse initiates the action as the accuser. The goal or outcome you should talk about with your attorney is dismissal.

Validate the accuser’s resolve to pursue the case.

The wife frequently decides to keep the marriage together. She has no desire to bring charges against her husband. She makes up her mind that she will not go to court. She will not be offering evidence against him. She refuses to take part in the legal battles in court.

Sometimes those involved in domestic disputes decide to recant their claims. They have the option of contacting the prosecutor and requesting the dismissal of the domestic abuse charges. Despite the request for the domestic abuse charges to be withdrawn, expect the prosecution to continue with the case.

Refute witnesses to the case.

The victim’s claims of being assaulted provide the basis for the majority of accusations of domestic abuse. The majority of victims of domestic violence do not suffer injuries, and rarely is domestic violence done in plain view of witnesses. According to Michigan law, a victim’s testimony alone qualifies as evidence. It is sufficient for a conviction, provided the jury has no reasonable concerns about it. Lawyers refer to this as “he-said-she-said.”

If dismissal is the goal, your attorney will concentrate on contesting the testimony of the witnesses. Your attorney will investigate the motive of the accuser or witnesses thoroughly. Your attorney will attack the false claims leveled by the accused, for example, by pointing out that they were making it up to get an edge in a divorce or child custody case.

The appropriate witnesses will be able to refute the testimony of the witnesses testifying against you. It is another approach to having a domestic violence case dropped.

Attack the evidence presented.

Your lawyer can challenge the evidence if a no-show defense is not an option. It is crucial to preserve all evidence in criminal proceedings for crimes involving domestic abuse before it is lost. Eyewitness stories, 911 tapes, and police dispatch tapes may all be examples of this. One small detail that casts doubt on the accuser or draws attention to an error can be all that stands between the accused and acquittal or conviction.

Your attorney will examine the evidence and decide how to approach, pierce, and eliminate it as a tool against you. Together you and your attorney will ensure that all necessary and pertinent information is documented, preserved, and made available for the trial.

A capable lawyer is knowledgeable about the legal system. Your attorney has established relationships with judges and prosecutors and has a solid understanding of what it takes to protect crucial evidence. Present a compelling argument, and defend your rights.

Talk to your attorney about the Spousal Abuse Act (SAA).

A deferral program is available to some people in Michigan charged with a first-time domestic violence felony. If you meet the requirements, you may be able to negotiate a plea deal in Michigan that might see the case dropped. This deal is allowed by MCL 769.4a, also known as the Spousal Abuse Act (SAA).

The judge will postpone passing judgment on your guilt if the victim, prosecutor, and judges concur on admission into the deferral program. You’ll be on probation instead.

Not all those accused of domestic violence are eligible for the deferral program or the provisions of SAA. People convicted of a similar offense can avail of this deal. A prior judgment for a deferred domestic violence offense will disqualify you from availing of the provisions of SAA. This program can only be used once by those first-time offenders charged with domestic abuse.

Domestic abuse convictions are expungable in Michigan. Additional conditions, however, must be met. The prosecution will also make an effort to contact them to gain the victim’s insight into the defendant’s request for expungement,

The judge may grant the expungement even if the victim objects if they believe the criminal deserves a second chance and that doing so is best for the community.

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Can You Receive Compensation for Fireworks-Related Injuries in Michigan?

Can I Be Compensated If I’m Injured From Fireworks In Michigan?

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Spectators are dazzled by fireworks on special occasions. Awe-inspiring fireworks displays can, however, result in serious injuries if manufacturers and igniters fail to take precautions. You may be eligible to file a personal injury claim if you or a loved one gets injured during the holidays due to faulty fireworks or reckless handling of fireworks.

Legal Action for Fireworks-Related Injuries

If you have been injured by fireworks, you may be entitled to compensation for your injuries. Depending on how your injuries happened, you and your family may be eligible to file a lawsuit. In some circumstances, compensation may include pain and suffering from the burn injuries, scars and deformity caused by the injuries, and medical costs associated with treating the injuries. Furthermore, a claim may also include your missed time at work or a decreased earning capacity.

Those injured by the fireworks have a legal claim against the company or individual who set them off because of negligence. Additionally, the person or organization that arranged the show might be held accountable for not keeping an eye on the activity. While the city’s liability is limited by state law, entities must protect spectators and observers from getting injured. A city’s local authorities may be held liable if they approve illegal fireworks or fail to secure the necessary permission for fireworks activities.

If fireworks fail and cause injury, victims may seek compensation from the retailer, distributor, or manufacturer of the fireworks. These businesses are expected to sell high-quality goods, which implies that they must ensure that their items work well. As a result, they may be held accountable for accidents caused by faulty fireworks. Individuals who are injured while mishandling fireworks can be compensated for their losses if they can show that their injuries were caused by a defect in the fireworks rather than their carelessness.

Michigan Fireworks Safety Tips

Here are a few firework safety tips to help reduce injuries and educate people about the safe and responsible usage of consumer fireworks.

Never let kids play or ignite fireworks.
Never attempt to relight or take up sparklers that have not been fully lit.
In case of a fire or other disaster, have a bucket of water or a garden hose nearby.
Light one type of firework at a time, then quickly step back.
Avoid purchasing any item wrapped in brown paper, as this is generally a clue that it was designed for professional presentations and may pose a risk to customers.
Always have a grownup present to supervise.
Never aim a sparkler or toss one at another person.
Never put a roman candle in your pocket or fire it off in a metal or glass container.
To avoid a garbage fire, when the fireworks have finished burning, thoroughly wet the used device with a bucket or hose before throwing it away.

Consult a Michigan Personal Injury Lawyer at Goldman and Associates

If you have been injured by fireworks, you should contact a personal injury attorney for help in claiming compensation. Our Michigan personal injury attorneys at Goldman and Associates handle litigation for individuals who have been injured or killed in these types of accidents. Call us today or schedule an appointment to start discussing a claim.

What Do I Do if I’m Charged With Domestic Violence for a Second Time in Michigan?

A misdemeanor can start off with fines and followed by a graduated level of penalties. Domestic violence can start you off with a trip to jail. Your first offense, true or not, will get you into serious trouble the second time. So, what do I do if I’m charged with domestic violence for a second time?

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The problem with most misdemeanors is that there’s the enhancement of the sanction. Enhancement happens when a person has many violations. A good example is speeding.

You’re caught going 55 in a 40, once, twice, three times.

You can get caught many times doing the same thing and collect a series of citations. While it may result in a lousy record, it isn’t going to change the fact driving 55 in a 40 means X amount of points. The X amount of points are then multiplied by X amount of dollars in fines. And that’s it.

In criminal violations, many violations of the same thing could result in a bigger sentence.

What is domestic violence?

Domestic assault and aggravated domestic assault are the two types of charges. They fall under the umbrella of domestic abuse. Depending on the crime and the number of times committed, each one has a different set of punishments. A domestic assault charge considered a misdemeanor may, in some cases, can upgrade to a felony.

Domestic assault.

In Michigan, committing a domestic assault is either a crime or a misdemeanor. Even if the victim not harmed, the prosecutor will still go for domestic violence. Your third offense is a felony, but the first two offenses are misdemeanors:

[ a ] For your first domestic assault offense, you will be charged with a misdemeanor. This carries a penalty of up to $500 in fines and/or 93 days in jail.

[ b ] A second domestic assault charge is still a misdemeanor, which carries a $1,000 fine and/or a year in jail as possible penalties.

[ c ] If you are accused of a third offense, you face a felony charge, which carries a maximum penalty of five years in prison and/or a fine of $2,500.

If you’re found guilty of a criminal domestic assault, your sentence may also include community service, anger management classes, two years of court-ordered probation, or five years if it was a felony.

Domestic violence misdemeanor charges are still exclusively heard in district court. If the accusations are upgraded to felonies, your case will be handled in district court first before moving on to circuit court. The county where the attack occurred will hear your case, whether it is in the district or circuit court.

Aggravated domestic assault.

“Aggravated domestic assault” denotes an incident in which the victim had critical injuries. These injuries require medical treatment right away. You can still be charged with a misdemeanor for an aggravated domestic assault if it’s your first time. Not all aggravated domestic assault charges will result in a felony.

[ a ] A misdemeanor aggravated domestic assault, gets up to a year in jail, pays a $1,000 fine, or both.

[ b ] A second conviction for aggravated domestic assault is a felony. It carries a maximum five-year prison sentence.

Prosecutors may also request felony prosecution for a first offense in the following circumstances:

[ a ] assault with a deadly weapon can expect up to four years in prison.

[ b ] Assault with the goal of hurting someone seriously can expect up to 10 years in prison.

[ c ] Assault through asphyxia or strangulation can expect up to 10 years in prison.

A domestic assault and an aggravated domestic assault are cases in a district court. Circuit court handles felony crimes. Felony crimes are under the county where the assault incident took place.

Why you should have your first offense domestic violence case dismissed?

Why is dismissing the first offense in domestic violence important?

How you handle the first domestic violence case determines the outcome of the next.

It is possible that a person charged with an offense didn’t do it.

Maybe they were having an argument with their spouse. The neighbor calls the police. The spouse gets charged with domestic violence. First offense.

It’s your first offense. No big deal. You’ve never done anything wrong in your life before. You’re thinking of pleading guilty. Get it over with. Get a slap on the wrist. You’re thinking, bring it on. Take the charge. You can still move on with your life and not risk going to jail. Do that. You’re saying to yourself, you don’t need to worry about this.

Maybe you’re right.

The problem is the second time.

One fateful night, you come home. You got too much to drink. You hit your child. You hit your husband or you hit your wife. Now this time, you’re actually guilty of domestic violence.

Now, you’re looking like a recidivist. You’re now seen as somebody who’s committed domestic violence before. You plead guilty the first time, remember?

Now the court has to take very close attention and put you in jail

Why will a judge do that?

Not that these offenses are worse. It’s not the first time you’ve done it. It seems you didn’t learn your lesson the first time around. This is the way the court views it. A few years down the road you may have a second offense or third offense.

It becomes important to deal with this. It all underscores how important that you dismiss a domestic violence charge. Even a first offense.

You have to make sure your domestic violence charge is not characterized as the second. Taking up the first one and having the first one dismissed.

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Divorcing a Physically and Verbally Abusive Husband in Michigan

How Can I Divorce My Husband if He is Both Physically & Verbally Abusive in Michigan?

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Divorce is a complicated and emotionally exhausting process that can make even the calmest person lose their temper. A divorce is never pleasant, but it doesn’t mean that you must anticipate your soon-to-be-ex to physically or verbally abuse you during the divorce process. When a spouse’s rage escalates beyond normal frustration and becomes abusive or harassing, the other can take measures to ensure that such behavior does not occur again during or after the divorce.

Defining Domestic Violence in Michigan

Leaving an abusive spouse is a difficult choice, even if it is the necessary one. Not only do you have to cope with the fact that your marriage is over, but you also have to worry about how your husband will react to the news.

When a relationship breaks down, domestic violence can escalate. You must take safety precautions before initiating a divorce. Your local domestic violence organization can assist. Domestic abuse is more than just hitting. It can take many forms, including:

Threats
Stalking
Isolation
Intimidation
Sexual assault
Physical assault
Emotional abuse
Control of money

Abusers use these methods to obtain and maintain power and control over a person. Keep records of any proof of abuse both before and during the divorce process.

Filing for a Divorce from a Physically and Verbally Abusive Husband in Michigan

In Michigan, filing for divorce is a rather uncomplicated process. Since Michigan is a “no-fault” state, no evidence is required to support a divorce petition. The person filing for divorce must demonstrate that they have lived in Michigan for at least 180 days before filing and 10 days in the county where they intend to file.

If your spouse lives in another state, you can still file in Michigan, albeit the opposing party will have a longer time to respond. If no kids are involved, the divorce is granted within 60 days. When there are children, the divorce is granted after six months.

Domestic violence is a major issue. It can affect several aspects of your divorce, including custody and parenting time. You should seek legal advice if your husband has been emotionally, physically, or verbally abusive to you. Local agencies for victims of domestic violence may be able to assist you in locating an attorney.

If you are married to someone who has abused or tried to hurt you, you should consider requesting a PPO from a judge. You can ask a judge to prohibit your spouse from visiting your house, hurting you, threatening you, or contacting you.

Seek the Counsel of a Goldman and Associates Michigan Divorce Attorney

If you have experienced or are presently facing domestic abuse, contact Goldman and Associates for legal advice. Aside from advising you on the legal issues of your case, we can also direct you to any appropriate services that can provide you with assistance. To schedule a free consultation, please call us at 248-590-6600 or make an appointment here.

How Long Does A Domestic Violence Charge Stay On Your Record In Michigan?

There’s an old expression you have heard a lot of times over the years. Your parents may even have told you at least once.

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“To err is human, to forgive, divine.”

People make mistakes but forgiveness is left to higher power.

If you commit a crime like domestic violence how long does it stay in your record.

Misdemeanor like any other misdemeanor is not just going to fall off from your record like some traffic ticket.

It’s going to stay on your record forever, unless steps are taken to remove it from your record. There are some kinds of cases that can be removed, some not.

In your jurisdiction, you’ll have to find out whether or not a domestic violence case can even be removed from your record. In many jurisdiction it cannot

The logic to this is if you remove domestic violence from your record then the second or third offense would have no meaning if the first one falls off automatically.

So it’s really a question of what jurisdiction you’re in and what exactly are the offenses

But don’t be surprised if domestic violence is the kind of charge not subject to removal.

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Michigan Court: Defining Joint Custody In Michigan

What Is Joint Custody In Michigan?

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Even after a divorce, Michigan law urges parents to stay involved in their children’s lives. To begin, courts in some states presume that joint custody is in the child’s best interests from the outset of any custody dispute. However, in Michigan, the law only requires the court to notify both parents of the possibility of joint custody and to seek joint custody if one or both parents desire it.

Defining Joint Custody in Michigan

If a parent has joint custody, that parent has the right to make decisions about the child’s everyday life during his or her parenting time. Both parents must have equal access to their minor child’s medical, educational, religious, governmental, and other vital records.

If the child is with one parent and has a serious illness, emergency, or other significant events, the other parent must be notified immediately. The parties must also agree on any vaccinations and medical procedures. The parties will act in a way that is in the best interest of their kids. It is critical to establish a joint custody arrangement to guarantee that both parents spend equal time with their children.

When is Joint Custody a Bad Idea?

All custody disputes revolve around the best interests of the children involved. In most Michigan family courts, joint custody is more or less the norm. If one parent demands joint custody, it is frequently granted unless the other parent can demonstrate that it is not in the child’s best interests. If joint custody is not the best option, you and your attorney must demonstrate the risks of giving custody to your ex-spouse. Below are red flags the court should consider when awarding custody:

When one parent hasn’t been around or hasn’t been involved in the child’s life
When a child is less than six months old and nursing or less than one year old and getting most of its nourishment from nursing, it shouldn’t be separated from its mother for long periods
If the child has a disability that gets worse when their routine changes
If one parent doesn’t have a stable place for the child to live
If a parent has a mental condition that makes it hard for them to make good choices
When a parent’s physical disability prohibits them from caring for their child despite reasonable accommodations
When parties have trouble agreeing on child-related matters
When one or both parties have a history of domestic violence

Contact a Michigan Family Law Attorney for Legal Advice Regarding Child Custody

Decisions about child custody must be handled on a case-by-case basis rather than relying on default assumptions. Goldman and Associates‘ Michigan family law attorneys can assist you in evaluating your options and crafting a custody arrangement that represents your needs as well as your child’s best interests. Schedule a consultation with one of our competent lawyers today.

Where And When Can I File For Divorce in Michigan?

The issue of where and when someone can file divorce is always something that comes up. It becomes an important issue for a couple who changed residency from Michigan to somewhere else and then came back.

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Imagine this for a moment.

As a couple, you lived your whole married life in Michigan. Owned houses in Michigan. You used to have a Michigan driver’s license. You left Michigan with the intent to relocate. Unfortunately, it didn’t work out.

Now you move back to Michigan. You decide you’re getting a divorce. You’ve only been in Michigan for a month.

The question is, can you file your divorce in Michigan on the strength of your whole life having been in Michigan? Can you file it immediately as soon as you’re settled in? Or do you have to wait for the statutory residency period of six months before you can file?

Is there a work around for statutory residency in Michigan?

And the answer is, there’s no work around.

You have to wait until you’re here for six months.

Residency is determined by your intent to permanently reside in a place. That’s how you establish statutory residency in Michigan.

If your intention when you left was just to go on vacation, that’s no big deal.

If the intention was getting married and permanently going to Utah for example, and then you returned to Michigan because it didn’t work out, there’s no work around.

You’re going to have to wait to have Michigan retake the jurisdiction which it relinquished.

Statutory residency is going to take a period of six months.

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Do You Need An Aggressive Divorce Lawyer In Michigan?

People tend to look at lawyers like somebody they can pay to pick a fight for them. They go around calling people trying to find a lawyer who is aggressive.

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Are you one of those? Are you one of those going around saying ”I want an aggressive lawyer.”

I want a lawyer who’s a fighter

I want a lawyer who will go to battle for me

People tend to express themselves in military terms when they talk about lawyers.

There’s one lawyer whose letterhead had a shark on top of it as if to say he is a shark of a lawyer. Why would someone put an image of a shark on their letterhead?

They may be doing this because of client issues or catering to client perceptions. In other words, the client wants to be made to feel like “this is my lawyer”.

“I need an aggressive lawyer!”

The question is, do you really need an aggressive lawyer?

Is that what you truly want?

We’ve seen shows like LA Law, you’ve watched Boston Legal, MCI and all those legal slash police programs on TV. A lot of people watched the trials of Amber Heard and Johnny Depp.

People watch actors playing lawyers, and think “oh that is what I need”.

“I need an aggressive lawyer.”

Here’s the thing about aggression. It’s a very poor substitute for intellect.

So when you look for a lawyer don’t look for somebody who’s a hothead. Who’s gonna scream at everybody. This is the kind of aggression that may well turn against you as a client during trial. That’s really something that you don’t want.

Here’s something you do want.

Obviously you want somebody who has a reputation for knowledge of the law. You want somebody who you identify with. Somebody who you have a rapport with. He should be someone you can work with on this project successfully. A case by definition is a project. You need to work successfully with your lawyer on this project.

The more important thing is not about having an aggressive lawyer. It’s about an attorney whose vision of the case is the same as yours.

If you both have the same vision of where your case is going to go, then it’s simple to map out the steps necessary to get from point A to point B. Point B being the desired place. Your point B can be an acquittal, the custody of your kids, more parenting time or a successful resolution of your divorce.

Aggressive doesn’t mean anything.

The court has seen all the lawyers. The guys and the ladies who do this for a living are before the court all the time. The court is very familiar with these lawyers’ style and their tactics. The court is not easily impressed with a lawyer barking over another.

The loudest guy in the room is usually not the smartest guy. What you really want to do is make sure you have somebody you have a rapport with? Someone who shares your vision and has a plan on how to get there. It’s really the key.

If you get that, you can trump any aggressive lawyers around.

At the end of the day that is what will carry you across the finish line.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.