What Are Marital Assets in Michigan?

When you live a married life, you start to acquire things. You acquire what we call assets. Will these things become marital assets? 

What are marital assets? In Michigan, what is considered to be a marital asset as couples divide up a divorce estate? 

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Maybe they came to you before the marriage. Or maybe you brought them into the marriage. Maybe they are things actually accumulated during the marriage but are owned by a corporation or some other entity. Just because you happen to have these things now or you happen to have control of it doesn’t necessarily mean they are marital assets for the purposes of divorce. It may be or it may not be.

It’s up to your lawyer to have this discussion with you. You and your lawyer can determine whether or not under the law that particular item or asset falls into the marital asset category.

Obviously, this is something for which there may be questions. A lot of people say well, I inherited something. Is that a marital asset? I brought it into the marriage but it is a family heirloom. It’s been in my family for years. Is that a marital asset?

 

What Are Marital Assets?

Simply put, marital property refers to the possessions a couple accumulates during the course of their marriage. Various assets, including a home, a car, certain shared bank accounts, heirlooms from the family, and more, may fall under this category. These assets can be shared between the two parties in a divorce while assets obtained prior to marriage are usually not.

Any asset or liability amassed throughout the marriage from the date of the wedding until the judgment of divorce is entered. The division of the marital estate is up to the parties.

In the course of a marriage, houses are frequently bought. The house would be divided in accordance with its status as marital property. Couples who are divorced occasionally decide to sell their house and divide the money. Or, to maintain an equitable property division, one spouse may keep the house while the other obtain other assets, such as money in joint bank accounts.

 

What Are Separate Assets in Marriage?

Any property possessed by either party previous to the marriage and certain property acquired during the marriage through gifts or inheritance is considered separate property. The party to whom the separate property originally belonged is typically awarded it. Property acquired separately may later be transferred to the marriage. 

For instance, you might have had a luxury automobile before you were married. In most cases, you would keep ownership of the car throughout the property division. However, if you buy a luxury automobile with your spouse, it may be regarded as marital property.

Even if your parents left you the luxury car during your marriage because they passed away, it would probably still be regarded as separate property and you would still be the owner. In Michigan divorces, the source of the property is crucial, and even if you didn’t get it until after you were married, this source would have existed before your union.

If the separate property is combined or blended with marital property, it can be treated as marital property when it comes time to divide the assets. 

 

Can Separate Assets Become Marital Assets?

From a legal standpoint, separate property may occasionally overlap with or change into the marital property over the course of a marriage. An illustration would be if the independent property was combined or “commingled” with the marital property or used for the family’s advantage.

A share of one spouse’s separate property may be awarded to the receiving spouse if they “contributed to the acquisition, improvement, or accumulation of the property.” 

This exemption may take the form of a vacation home one spouse inherited and greatly increased in value with the assistance of the other spouse. It could also take the form of one partner taking on childcare and housework responsibilities so the other spouse can devote their entire attention to expanding a business they started before getting married. 

 Here are a few more examples of commingling:

After purchasing their new marital house, the couple discovers that it needs a lot of upkeep. For many of the renovations, the pair is dependent on the funds from one spouse’s savings account, which she created before the marriage. The house’s worth rises as a result of the improvements.

One of the partners already had a savings account before they got married. When she marries, she wishes to purchase a home with her spouse. She pays the down payment on the marital home with money from her personal savings account.

The wife sells the stocks she had previously bought to fund a small business venture she and her husband want to launch jointly.

It’s possible for separate property to unintentionally mix with marital property. In Wolcott v. Wolcott, unpublished judgment, COA Number 351918, the woman was given 10% of a family business as a present soon before the pair got married. She was employed by the business as well.

The wife got payments from the corporation related to her stock ownership that was transferred into a bank account that was solely in her name. The pair maintained separate bank accounts throughout the marriage. Following the couple’s 16-year marriage, the trial court ruled that the stock and the bank account belonged to the woman separately.

On March 11, 2021, however, the Michigan Court of Appeals ruled that the stock and bank account had been commingled and were marital assets because of two circumstances:

[ 1 ]  The wife’s earnings from her job, which are normally considered a marital asset, were placed into the same account as her stock distributions; and

[ 2 ]  Throughout the marriage, the wife used distributions from the company stock in addition to her other sources of income to pay for joint costs and household bills.

It is not just everything you have. It’s possible that a person may have some things that are not part of the divorce discussions. They’re not marital assets.

Maybe they came to you before the marriage. Or maybe you brought them into the marriage. Maybe they are things actually accumulated during the marriage but are owned by a corporation or some other entity.

 

How to Keep Your Personal Assets Separate From Marital Assets

If you know you already have or will inherit sizeable assets you wish to keep out of a divorce, you might benefit from signing a prenuptial agreement before getting married.

Prenuptial agreements offer the opportunity for parties to define what will happen to their assets in the event of their demise or divorce, designating specific item to each spouse. They also outline guidelines for handling domestic business. Because Michigan courts have recently changed how they interpret prenuptial agreements, their ability to protect assets during a divorce is no longer as unquestionably true as it formerly was.

You must maintain the distinction between your own property and the rest of your family’s cash and things. This can call for:

[ a ]  Maintaining an inherited sum in a different bank account.

[ b ]  Keeping your home and car under your sole name.

[ c ]  Not using marital funds to make improvements or repairs to inherited property.

[ d ]  Refusing your spouse’s help in maintaining the inherited property or managing the family business.

[ e ]  Keep up-to-date property records to prove your personal asset qualifies as a distinct piece of property.

[ f ]  Do not add your spouse’s name to your separate property’s certificate of title.

[ g ]  Verify that the funds used to pay real estate taxes and the income from these properties are either credited to your personal account, drawn from sources in your name, or come from checking accounts in your name. To pay the income taxes on the earnings from these different assets, if at all possible, obtain the cash from the gifts or inherited property’s earnings.

If the wife had kept a second, separate account into which she had deposited her paychecks and from which she had paid the marital expenses and household bills, the Court of Appeals most likely would have determined that the stock and the bank account into which stock distributions were deposited were the wife’s separate assets in that particular case.

Even though the Wolcott decision was unpublished and hence not a precedent, it demonstrates that an asset must be maintained as fully different in order to sustain a party’s claim of independent ownership of an asset.

Just because you happen to have these things now or you happen to have control of it doesn’t necessarily mean they are marital assets for the purposes of divorce. It may be or it may not be.

It’s up to your lawyer to have this discussion with you. You and your lawyer can determine whether or not under the law that particular item or asset falls into the marital asset category.

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Michigan Child Support And Custody Law For Unmarried Partners

Child Support And Custody For Unmarried Partners

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Learn more about what happens when unmarried parents separate in Michigan.

Unmarried parents have slightly different laws regarding child support, custody, and parenting time than married couples. It’s crucial to know about these distinctions if you have a child with someone you’re not married to, or if you are married and considering divorce.

Child Support and Custody for Unmarried Parents

The laws about child custody are a little different for parents who aren’t married. Until the father confirms paternity, Michigan grants the mother full custody of the kid. If the father can demonstrate that he is the biological father but no parenting arrangement has been formed, the mother retains full custody. In other words, the father won’t have visitation rights unless the mother agrees or he files a paternity action and wins in court.

The courts will approve a custody and visitation plan if the parents can agree on the matter. The court will step in and help settle custody disputes and decide custodial and noncustodial parent duties and parenting time. A parent who isn’t a good fit for the child may still be able to visit the child as long as they follow certain rules. If the judge grants joint custody, lawyers, the court, and/or the parents will develop a parenting plan to ensure that both parents spend equal time with the kid.

When it comes to child support, both biological parents must provide for the child, regardless of who has custody. Even if he doesn’t ask for custody, a father who establishes paternity can still be held responsible for child support. If the father fails to make child support payments, the mother can file a petition in court. The amount of child support is based on several factors, including income, education, health insurance, and child care standards.

Disadvantages to Being Unmarried Parents

The consequences of not having the protections and rights of marriage are enormous. It is not assured, for instance, that a mother who has cared for her child since birth will have visitation rights after separating from the child’s father. 

Even if a man is named as the father on a child’s birth certificate, it doesn’t mean that he is the father if the mother and father are not married. When a child can’t name his or her own family, it can cause problems and mental stress.

Establishing paternity is a prerequisite to obtaining child support as an unmarried mother. It is up to the child’s father whether or not he agrees to participate in a DNA test to prove his paternity. If paternity is established, the court will issue a child support order requiring the father to pay support.

Talk to a Michigan Family Law Attorney Today 

Contact one of our family law experts for a free consultation if you want to know more about Michigan child support and custody for unmarried parents. Set up an appointment with a Goldman and Associates family law attorney today!

Should I Change My Lawyer During My Family Law Case in Michigan?

You’re disenchanted with your lawyer. Should you change your lawyer in the middle of a family law case? Should I change my lawyer during my family law case?

Should you change your lawyer once you become disenchanted with the way your family law case is progressing? Is there a legitimate reason for you to continue to shop even though you already hired a lawyer?

These are questions that come up all the time.

Click here to watch the video Should I Change My Lawyer During My Family Law Case

Once people have gone through those ways they can go with that firm. Those are all legitimate ways of picking your lawyer. Once you have your lawyer, however, you need to understand one thing. Your case is like a baseball game.

 

Did you do the right thing when you chose your lawyer?

The attorney you hire must have your best interests in mind and be willing to fight for you and a just settlement, so this decision is crucial.

The most common ways that people look for lawyers are as follows:

[ a ]  They might converse with a lot of individuals.

[ b ]  They can consult with several attorneys and decide.

[ c ]  They might read reviews

[ d ]  Seek out a law firm that has a large number of five-star reviews.

Once you get to meet your closest candidate you need to ask very specific and important questions to help you decide:

[ a ]  What is the lawyer’s vision of how the case is going to be pursued?

[ b ]  How much it will cost you to pursue the case?

[ c ]  What kinds of expenses will be in your billing?

[ d ]  How will it likely take to achieve the outcome you desire?

[ e ]  What are the options if the outcome is otherwise?

Just like what we mentioned, your case is like a baseball game. There are nine innings and during that nine innings sometimes one team is up. One team is down. 

There’s a seesaw back and forth. One team is ahead. One team is behind and it flip-flops.

Is that a reason to change your lawyer? No!

Your lawyer can’t predict the future. Your lawyer cannot guarantee what the judge is going to do no matter how good that case is. No matter how prepared the lawyer is. If the judge decides he or she doesn’t believe you and believes the other person to be more credible, you’re probably going to lose that case

 

What did you expect after you hired your lawyer?

Divorce proceedings can be drawn out, especially when kids are involved. Despite your desire to do tasks quickly, the case must be allowed to proceed at its own pace and frequently cannot be accelerated.

When your spouse’s attorney attempts to take some action, your attorney is required to respond. While this type of labor cannot always be anticipated, it does require time and effort to do. As a result of your spouse’s efforts, be prepared for some expenses.

You have to set very realistic and pragmatic expectations when you are seeking and engaging your lawyer. Here are some expectations you can do right.

 

Expect steps will be taken on your case.

Every attempt will be made by your attorney to put you back on the correct path. You and your attorney are not in a sprint since a court case is more like a marathon.

A divorce lawyer’s initial consultation usually takes an hour or so. Throughout the discussion, the attorney will ask questions regarding the marriage and its conditions. The length of the partnership, your income and employment history, any assets or debts you both have, whether you have children together, and other factors can be included.

Working with a skilled divorce attorney may help you significantly reduce your anxieties and concerns. You can get legal counsel on what is best for you and your children. They can help you file papers, work with opposing counsel to reach the best settlement, represent you at several hearings and conferences, and make sure your rights are upheld before the divorce is finalized.

 

Expect a lot of shuttling back and forth to manage your case.

Experience is unrivaled when it comes to litigation. For a sizable portion of their careers, divorce cases have been litigated in court by family law practitioners. Due to their extensive experience, they have unmatched knowledge of the strategies used by opposing counsel and the responses of judges to particular arguments and pieces of evidence.

Your lawyer will make an effort to comprehend your circumstances and the legal background of the case. In most family law disputes, issues like divorce, child custody, support, parenting time, wills, trusts, and other related issues are at stake. Attorneys that specialize in family law can help you manage all the important decisions you need to make, protect your legal rights, and advance your interests in court proceedings and settlement negotiations.

 

Expect a lot of communication and advice from your lawyer.

You might receive advice from practically everyone if you’re considering seeking a divorce in Michigan. All of a sudden, employees, neighbors, and members of the family are voicing their opinions. Even if you don’t want to hear it, they open up to you about their concerns, horrific stories, and suggestions. The opinions and suggestions you get, though, are probably inaccurate or just partially true.

You win your family law case if you have sound legal counsel. Instead of only helping to resolve conflict, a knowledgeable family law attorney can frequently also help to diffuse it. If you try to resolve a disagreement on your own, it’s probable that the conflict may worsen and the expense of hiring a lawyer to handle it will rise as a result of increased emotional involvement on both sides.

 

Expect respect from your lawyer.

Expect a timely response from them after they receive your email or phone. The most effective ones even have the opportunity to teach you about family law through a variety of online materials they make available. They use technology to monitor your case so that the lawyers assigned to it are always informed of its progress.

You will receive a callback when you call. Staff will treat you with respect. A suitable timetable for the consultation or meeting will be set up. Most very successful and competent lawyers have excellent office procedures and staff. They use the most up-to-date technology to administer your case, but their greatest strength is their ability to treat their customers with dignity during some of the most trying times in their lives.

 

Your lawyer is a professional and deserves respect too.

Being a family lawyer is neither cheap nor simple. The Michigan Board of Law Examiners mandates that you complete two years of undergraduate education (60 semester hours or 90 quarter hours) before you may apply to law school. For the most part, law schools accredited by the American Bar Association (ABA) require applicants to have a bachelor’s degree before they may even consider applying. After finishing the study, students will need to have a lot of litigation experience in order to put what they have learned in law school into practice.

The retainer you paid does not give you the right to treat others badly. Your lawyer is aware that the situation you are in right now is possibly terrible. If you’re worried, depressed, furious, or bewildered, they’ll understand. However, you must set boundaries because your lawyer is there to guide you through the legal procedure necessary to get rid of your problems. If you are emotionally unable to understand your circumstance and what is necessary to move forward, your attorney simply cannot assist you.

 

Should you change your lawyer now?

Clients can feel stuck working with the lawyer they first selected while feeling like their case isn’t getting the required attention. Even throughout the course of your case, Michigan allows you to switch divorce attorneys. There are several specific measures you should take if you wish to switch family law attorneys. 

Before you do decide to switch, try to check or look at what you have with your present attorney.

 

Promptness to action. Bias for action.

There are numerous deadlines in divorce disputes, and failing to meet them could seriously hurt your case. Your entire case is in peril when attorneys fail to meet these deadlines, so you should think about finding a new divorce attorney if your attorney is failing in this part of the job.

Your outcomes and the schedules the court have agreed on is relying on deadlines being met.

 

Communicating and listening.

You are entitled to regular updates from your attorney about your case. Furthermore, you are entitled to prompt responses to your inquiries. You might wish to switch divorce attorneys if these things don’t happen.

Corollary to communicating to you what’s happening to your case is the lawyer’s ability and willingness to listen. Your lawyer must be sensitive and must listen to the outcome you desire. Your lawyer must appreciate the outcomes most comfortable for you.

When it comes to issues like property division and even child custody, attorneys may put clientele under undue pressure to accept arrangements that are not in their best interests. Divorce attorneys should advise you and walk you through the process, but they should never put pressure on you to accept terms you don’t feel comfortable with.

 

Organization and professionalism.

The most successful outcomes are delivered consistently by a system that works. Try to understand the process behind your lawyer’s action. Generally, the internal process of a law firm is built around complying with court processes, rules, and procedures. If their internal processes are in sync with court systems, you have a law firm professionally managed and built to win cases.

Just the fact that things may not be going your way is not in itself a reason to show the court you have that level of instability. You’re switching lawyers all of a sudden. You’re not supposed to do that. It doesn’t create a good impression on the court. 

You should switch lawyers if your lawyer becomes disbarred. You should if your lawyer becomes mentally incompetent. If you find out your lawyer has a profound conflict of interest. If you find that your lawyer stole something of course you should switch lawyers.

If your attorney is missing a combination or all of the above, you do need to think about getting another family law attorney.

 

What are the consequences of changing my lawyer now?

Idealistically, you should discuss any issues that are upsetting you with your attorney so they can attempt to resolve them. You have the right to appoint a new attorney if you and your current one are unable to reach an agreement.

However, there are some repercussions associated with dismissing your attorney and recruiting a replacement.

First off, the attorney you fire is probably entitled to compensation for work already completed. This might not be a problem if your payments are on time. If not, you must decide what is owed to the attorney under your retainer agreement and make those payments.

The lawyer’s hourly rate for time already spent on your case, along with any costs and expenditures incurred thus far, may be demanded from you if your attorney had been compensated on a contingency or percentage basis.

Hiring a new lawyer might occasionally result in increased charges. If you employ a new attorney in the middle of a case, that attorney will need to become familiar with the case, which will probably take extra time and/or money.

Depending on how far along your case is, you might not always be able to switch attorneys. If a case is too far along in the court process for a new individual to be able to take over, judges have the choice to keep the current attorney on the case.

Should you fire your lawyer under limited extenuating circumstances? Yes. 

You are entitled to the legal counsel of your choice. You must also understand the more you exercise that right, the more instability you demonstrate to the court. It creates a scenario where you’re dealing with children and the court realizes you have a certain instability. The court might think this person goes through lawyers like crazy, this person will probably go through girlfriends like crazy

Is that good for the child to be rolling around in instability for the next several years?

Always keep the big picture in mind.

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

 

How Do I Get A Domestic Violence Case Dismissed in Michigan?

One of the most classic family law issues has to deal with abuse in the home. Abuse that sometimes relates to domestic violence charges. If you’re charged with domestic violence how are you going to defend yourself?

How do I get a domestic violence case dismissed?

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Regardless of the individuals involved—spouses or ex-spouses, domestic partners who live together or apart, dating or separated couple, parents, and kids—domestic violence is a crime that can happen to anyone, regardless of their age, color, gender, or social class. Domestic violence is a broad category that includes a variety of crimes. 

A few examples of these are physical or sexual assault, battery, false imprisonment, emotional abuse, stalking, intimidation, possessiveness, controlling conduct, forced isolation, and economic abuse.

If you’re charged with domestic violence how are you going to defend yourself? How are you going to get that charge dismissed?

Here’s some advice you can consider.

 

Number one. Determine if the party is willing to move forward with the domestic violence complaint.

Look at the state of your current relationship. Is the relationship you are involved in sustainable? If the domestic relationship is between husband and wife, then the question becomes, are they getting divorced? Are they staying married? How’s that gonna work?

The couple has decided they want to work on their marriage. The odds are that domestic violence looming in the background probably is not the most healthy thing for the relationship.

In a lot of cases, the wife decides to save the marriage. She doesn’t want to prosecute her husband. She decides she doesn’t want to appear in court. She’s not testifying against him. She does not want to participate in court proceedings against her husband.

Domestic conflict victims occasionally decide to retract their statements. They can get in touch with the prosecutor’s office and ask for the charges of domestic abuse to be dropped. The prosecution is likely to press the case even if the victim asks to have the domestic abuse charges dropped.

What you need to understand, is even with your spouse dropping the charges, the prosecutor might decide to pursue the case regardless. In a criminal case, the victim is not going to be you accuser in the process. The victim is a witness for the state or the people represented by the prosecutor.

If the accuser is your spouse or wife, as a witness they can be compelled to testify against you in a domestic violence case. 

Someone might be charged with making a false police complaint if the purported victim admits that they lied to the police. For numerous reasons, such as not wanting a significant other to lose their job, get fired, be deported, go to jail, or have a divorce, prosecutors are trained to persuade jurors that victims lie about fabricating charges.

In rare cases, the victim will appear in court and attempt to alter their testimony. The prosecution may now object to the testimony given in court, claiming it is an effort to “rescue” the defendant by distorting the facts or changing the tale.

The victim’s original statement will then be presented to the jury or court as the truth because it was made in an “excited condition,” making it credible because there was no time for them to make up what transpired. Even charges of making a false police report, obstructing the course of justice, or perjury may be brought against the victim in domestic abuse situations.

 

Number two. Refute witnesses.

The majority of domestic violence accusations are made solely on the basis of the victim’s allegations of assault. Domestic violence is rarely committed in front of witnesses, and the majority of victims do not sustain injuries. This is referred to as “he-said-she-said.” According to Michigan law, a victim’s testimony alone qualifies as evidence and is sufficient for a conviction provided the jury has no reasonable doubts about it.

Your attorney will be focusing on refuting the statement of witnesses if dismissal is the objective. Your attorney will drill down on the motives of the accuser or witnesses. Attacking the false accusations made by the accuser, such as pointing out that the accusations were manufactured to obtain an advantage in a divorce or child custody dispute.

Another way to get a domestic violence case dismissed is for someone to have appropriate witnesses who will basically refute the testimony of the witnesses testifying against you.

So what does that mean?

Maybe there are video cameras or security cameras that caught the event. Or there were neighbors who saw it. Maybe you want to cross-examine the person. Your lawyer can throw questions at witnesses. How come you did not call the police immediately? Why are there no photos?

Every case is different but there are ways to attack the case itself. The best way is to have a no-show, having no witness to testify against you.

Even if the alleged victim decides not to pursue a case and this was just a simple misunderstanding or argument that got out of hand, you could still be charged with a misdemeanor or felony and sentenced to jail or prison if found guilty.

 

Number three. Attack the evidence.

If there isn’t a no-show possibility then your lawyer can attack the evidence.

In criminal proceedings for domestic abuse crimes, it is essential to preserve all available evidence before it is lost. This can include eyewitness accounts, 911 tapes, and police dispatch tapes. One minor piece of information that undermines the accuser or highlights an irregularity may be all that separates the accused from acquittal or conviction.

You will work closely with your lawyer to record all important information and make sure all required and relevant evidence is preserved and made available for the trial. A competent attorney is familiar with the legal system, has connections with judges and prosecutors, and has a thorough understanding of what it takes to preserve important evidence, build a strong case, and uphold your rights.

Your lawyer is gonna analyze evidence and determine a strategy to approach it, pierce it, and render it useless against you.

Any conviction in a domestic violence case in Michigan might result in severe punishment and could be followed by a two- to a five-year probationary period. While all judges have the authority to impose a range of sanctions, including community work, alcohol or drug testing, and attendance at AA, certain judges may order anger management therapy. 

A person charged with domestic abuse may receive a less sentence by working with a lawyer who is knowledgeable about the Michigan courts and judges.

In Michigan, convictions for domestic abuse are expungable, however, there are more requirements than usual. The prosecution will also make an effort to get in touch with the victim in order to get their feedback on the defendant’s expungement request. Even if the victim opposes, the judge may nonetheless allow the expungement if they are of the opinion that the criminal has been given a second chance and that doing so is best for the community.

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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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Learn more about Michigan law and attorneys.

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:

  1. Both people must have lived and been together in Michigan for at least six months.
  2. Filing for divorce should take place in the local county circuit court where both spouses stay.
  3. 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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Learn more about child negligence in Michigan.

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.

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.

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.