5 Mistakes To Avoid When Preparing For Your Michigan Divorce Case

Preparing for a divorce is important because it can impact how well a divorce case can go. If the preparation for a divorce is not done right the results can be devastating and that is the last thing you would want in a divorce case. Knowing the mistakes that can be made will help you out in the long run if you are thinking of getting a divorce or are in the process of getting one. In order to be able to obtain a divorce, you must meet all of the prerequisites in terms of residency before you can even file for divorce. However, just meeting the requirements to file for divorce is not enough. In order to successfully obtain a divorce in Michigan, you must convince a judge in a family court that your marital relationship has broken down beyond repair and that there is no chance of reconciling. In this blog, we will be going over 5 mistakes to avoid when preparing for a divorce.

5 Mistakes To Avoid When Preparing For Your Michigan Divorce Case

The first thing to avoid is not listening to your lawyer at all and thinking you can just do your own thing. When a lawyer tells you something regarding your case it isn’t just some advice that you can take or leave. Your lawyer knows the best thing to do in a situation and preparing for a divorce, people view lawyers as an employee which can lead to messy preparations. You need to see your lawyer as a professional in law and yourself as someone who needs assistance with the law. If you listen to what your lawyer says and you work together with your lawyer the results will be worth the while.

The second mistake to avoid is to not practice law and file any documentation while your lawyer is representing you. This shows the court your level of judgment can’t be trusted. If you want to do everything yourself then go ahead and represent yourself, don’t hire a lawyer, and then go do everything yourself. If the court doesn’t trust you the results of your divorce will be disappointing. If your lawyer doesn’t trust you, that is also an issue that will not help in the long run.

Mistake number three is to avoid fighting with your ex and making things worse. You hired your lawyer to battle it out for you. If an issue arises with the other party, make sure to inform your lawyer and they’ll take care of the rest. Your lawyer is there to do all the work and make sure you get the best outcome. Don’t make things worse by fighting with the other party and ruin the case being made for you.

Mistake number four to avoid is don’t run afoul of the court’s orders. If the judge tells you something to do, then you should absolutely do what they tell you. Again don’t go against anything the judge or your lawyer says.

The final mistake to avoid is to not threaten to file a grievance to your judge and lawyer. This will cause you to lose everything and will cause a conflict of interest with the people you are working with. Put some trust in the people you hire and make sure to listen to what your lawyer has to say. If you ace the preparation you’ll get the results you want and maybe even more.

For more information on divorces in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about divorce in Michigan.

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Division of Property in Michigan

Married couples usually share their house and other property. They also acquire property during the course of the marriage. For this reason, the court must determine what property belongs to whom, and how shared property should be divided. Like Spousal support, one of the objectives of property division is to return the other spouse to the position they were in before or during the marriage. The court will also try to give each spouse all of the property they have “equitable title” to. In this blog we will be looking at division of property in a divorce and what it means for you. If you have any questions about this topic, call our office today.

How does the court decide how to divide property?

There are many approaches to property division utilized by various states. In Michigan, the preferred approach is known as “equitable division of marital property”. Under this approach, any property which was owned by either spouse before the marriage is their own “separate property”. Any property which was acquired during the marriage is divided up in a fair and generally equal matter.

That being said, what is fair will not always be “equal”, and the family court will seek fairness above all else. However, under certain circumstances, the court may dip into one party’s separate property to give to the other in order to achieve “fairness and equity”. They are also likely to treat what would otherwise be separate property as marital property if the other spouse was somehow instrumental in acquiring or developing that property.

Can the division of property be modified later?

No. It is very important to note that once the court reaches a final decision on the division of property, it can never be modified. This is because the property distribution is not affected by changes in circumstances. Furthermore, allowing the parties to endlessly relitigate property distribution would be costly, inefficient, and quite unfair if one spouse does not have sufficient resources. So make sure the arrangement is satisfactory.

What is considered separate property?

While this usually consists of any real estate, personal items, cars, or cash you owned before you were married; it is important to be aware of other things which are considered separate property. For example, if you receive a personal gift from someone during your marriage, that would still be considered separate property. If you receive court awarded damages for pain and suffering, this is also considered separate property. Inheritance and personal gifts to one of the spouses are separate property, even if they are received during the marriage.

Conclusion

In general, marital property is any property that was acquired during the marriage. There are, however, certain types of assets that the court deals with in a very specific manner. Property and Assets involves a lot of work and you will need a professional to help guide you through the process. If you need more information on High Asset Divorce or Marital Property or if you have any questions regarding divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on high asset divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about domestic violence in Michigan.

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How Can I Increase My Chances Of Getting A Better Custody Agreement?

In this blog, we will be going over child custody and how you can increase your chance of getting an even better custody agreement. When a couple with children gets divorce, the subject of divorce might be mentioned in the initial complaints and answers. Aside from that, the court will approach that issue for the first time during the Early Intervention Conference (EIC) that is held 56 days after the initial complaint is filed. This is where the parents will get an overview of the friend of the court, the process of determining custody, and is also intended to resolve any temporary issues regarding any of the children that are younger than 18. Following the EIC, there may be additional hearings dealing with custody during the 180 day (minimum) divorce process. In the end, the judge will either render his own divorce judgment or adopt the one agreed to by the spouses, and this agreement will contain the final order regarding custody unless it is altered in a later proceeding. It is difficult to tell how many or what kind of hearings you might encounter because each divorce is different. Make sure that you insist that your attorney keeps you informed about how the process is being set up by the court.

There are a number of ways to better your chances of getting a better child custody deal. The first one is to control your feelings and actions. Don’t let this divorce bring the worst out of you and don’t let the other party influence how you feel and act. If you cannot control your feelings and cause issues then your chances of getting child custody will decrease immensely. The second thing you can do is keep the children out of the drama. Make sure the children don’t hear any of the arguments or drama. The third thing to focus on is trying to work with your ex and coming up with an agreement that will work best for both parties. This will be difficult especially if you and the other party had a hard falling out, but a joint custody agreement would help you in the long run.

Conclusion

Being there for your children while they grow up will be beneficial for all the parties involved in the matter. Joint legal custody allows both parents to be a part of their child’s life, parenting time is important so to be sure you are being given a fair amount of time to spend with your child call our attorneys at Goldman and Associates today. If you are in the process of a divorce or custody you will need an attorney for the best possible outcome. For more information on joint legal custody in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.

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Domestic Violence Charge In Michigan

What does it mean to have a domestic violence charge in The State of Michigan? In this blog, we will be going over what domestic violence is, what happens the first time you are charged with it, and other information about the matter. If you have any questions about domestic violence call Goldman and Associates today to learn more.

Domestic Violence Charge In Michigan

Domestic violence is violent or aggressive behavior within the home, typically involving the violent abuse of a spouse or partner. A domestic relationship can be any one of the following:

A spouse or other family member
The unmarried parent of your child
Someone you are living with or have lived with previously
Anyone you have ever been romantically involved with

Domestic violence is not just a family matter or another argument, but a crime in The State of Michigan. If there is any kind of violence or abuse that is harming another individual the police need to be involved to protect the victim and remove the offender. If you or someone you know have experienced any of these things listed above call the police or a local domestic violence support group as soon as possible.

What happens when I am charged with domestic violence?

Like many other states, Michigan makes acts of domestic violence criminal offenses. The two primary crimes of domestic violence are domestic assault and domestic assault and battery. The two terms are given identical legal treatment and are basically interchangeable. They are really just modifications of pre-existing assault/assault and battery offenses based on the victim being a spouse or in a dating relationship with the perpetrator. Domestic assault/domestic assault and battery is a misdemeanor punishable by 93 days in jail and a $500 fine (The same as non-domestic assault/battery).

If the victim suffers a severe or aggravated injury, then the penalty is bumped up to 1 year in jail and a $1000 fine. However, if one is convicted of domestic assault/battery and has one of several enumerated domestic or non-domestic violence crimes; then the possible sentence will be enhanced to 1 year in jail and a $1000 fine. In the case of an otherwise non-domestic violence crime, the enhancement only applies if the victim was a spouse, dating partner, co-parent, or former household resident. The enumerated prior domestic violence crimes are as follows:

Assault
Assault and Battery
Felonious Assault
Assault with intent to commit murder, maim, or cause great bodily harm
A conviction in another state that is substantially similar to any of the crimes listed above.

For a first offense domestic violence, even if the person is convicted, it is most likely they will not look at jail time. The court will however impose probation, possibly send you to anger management, community service, or other alternative sentencing. Even if there is a possibility of jail time, it is important you hire a lawyer to get the best results.

Keep in mind that none of these crimes are specifically “domestic violence crimes” aside from the relationship between the victim and perpetrator that makes this enhancement applicable. Even if a domestic violence event was charged with the standard assault/battery charge (rather than a Domestic assault/battery charge), it still counts. If there are two or more of these prior charges, then the new domestic violence charge can be enhanced to two years in prison and a $2500 fine.

Conclusion

Domestic violence is a serious issue that needs to be addressed. If you are ever charged with domestic violence make sure you talk to a lawyer before you doing anything else. For more information on domestic violence in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about domestic violence in Michigan.

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Child Custody Tips

In this blog we will be going over a few custody tips and what child custody is in Michigan. There are actually two types of custody that a parent has under the law. The first is legal custody, which is the right of every parent to make major decisions in their child’s life and to be able to visit and have contact with them. Both parents generally retain legal custody even after the divorce is concluded. Usually, the only way you lose it is if you lose your parental rights or the courts make a rare decision to grant sole legal custody to the other parent. The other form of custody is physical custody. Physical custody is where you actually keep the child in your home, under your roof. The child lives with you. When you change houses, so does the child. This form of custody is usually only given to one of the parents but can sometimes be shared between both. This is the form of custody that ex-spouses sometimes dispute over during a divorce case.

Tips

When it comes to law it is oftentimes unreasonable to most people. The one thing that you may think is extremely important in your case may not even matter in the grand scheme of things. If you feel like you’ve seen things on tv or online of one lawyer tearing into another party and that’s how things should go, you are unfortunately wrong. Going at your ex wife and berating the other party is not going to help you get your child for custody. It’s not about ripping into the other party but instead showing the court why you are the best choice to take custody of your child. Your top priority is your child’s best interest and how the court sees you. The way you show the court you are the better option is to rise over the garbage and name calling, be the better person and act like a responsible person that cares about their child. Joint custody is the best way to do a custody case because it allows both parents to work together and shows the court that the child is in good hands.

You can seek a custody case with the family court without getting a divorce. If the parents of the child are not married, then they must establish paternity. A good way to accomplish this is for both parents to sign and file an affidavit of parentage. If you sign this affidavit, you waive your right to a paternity test later. Following the filing of the affidavit, the family court will typically give initial custody to the mother until a custody proceeding is initiated and final custody is decided. If neither parent agrees to sign the affidavit, then the court may order a paternity test. Depending on the result, either parent (or child) may initiate a paternity case to determine child support, parenting time, etc.

Child custody is a very serious topic and is something that needs to be handled with diligence and results. Goldman and Associates is here to provide you with all the legal services you need.

If you have any questions regarding Child Custody or Parenting Time in Michigan contact Goldman and Associates today for a free phone consultation. Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on custody in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.

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Modifying Child Support in Michigan

Child Support is an important topic, it involves how much a parent will pay to support their child. Child support is a court-ordered payment, typically made by a noncustodial divorced parent, to support one’s minor child or children. Modification is when one or both parents petition the court to change the terms of a child support order that has already been made. In this blog we will be going over what it means to modify child support in Michigan. If you have any other questions regarding child support or divorce, give Goldman and Associates a call today to learn more.

Can I modify my child support payments?

Child support orders can only be modified when there is a “substantial” change in circumstances (more significant than for modifying spousal support). This change must effect the needs of the child or the ability of the paying parent to provide for these needs (i.e. ability to pay). A number of factors will be considered when determining whether or not to grant modification. These are just a few examples:

The paying parent changes jobs
The child growing older
Inflation
Change in paying parent’s income
Paying parent retires
Paying parents becomes permanently injured or sick

What is the procedure for modifying child support?

In Michigan, there are two methods for securing a modification of child support. You can either make a request to the FOC (Friend of the Court) office to review the support order, or you can file a motion directly with the family court. You are limited to one modification request to the FOC every 36 months (3 years) for any reason. You can request modification sooner if you can persuade the FOC that there has been a sufficient change in circumstances. If they agree that the change in circumstances is significant enough, then they will file a motion with the family court.

The FOC and the family court usually define “significant change” as 10% or greater change in income (either reduction or increase), or something analogous to that. From the moment the modification request is made, the whole process generally takes about 180 days (six months). Filing directly with the court will generally only take 90 days (three months) but is significantly more expensive (going through the FOC is free). If you experience a change in financial circumstances such as the loss of a job, you are required to report that to the FOC in writing before you can get your support payments modified. If you fail to request modification immediately you will incur substantial and unnecessary arrears (see relevant section of this guide).

Conclusion

Failure to pay child support is a felony punishable by at least four years in prison and/or fines of up to $2000. Beyond that, the court may also hold the delinquent ex-spouse in contempt of court. Contempt can also be a crime, but is usually civil. Remember that if you want to get your child support modified, talk to your lawyer first, your lawyer will create a case for you and assist you in getting your child support modified.

Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Child Support in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about spousal support in Michigan.

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Speeding and Traffic in Michigan

It’s important to be informed about traffic laws in Michigan. You never know what you truly know about the law of the roads. In this blog, Goldman and Associates will be going over the basics of traffic law, point system, and speeding. A traffic violation can lead you to have your license suspended or paying fines up to $300

Michigan Traffic Point System

Michigan uses a point demerit system in addition to the standard penalties for traffic and speeding violations. The point system is a straightforward and nuanced way to track a driver’s history of traffic violations and reckless driving. Each violation is given a point value based on the severity of the offense. Earning too many points in a short period of time could result in the suspension or even complete confiscation of your driver’s license.

2 points: driving 1-5 mph above speed limit, refusal to consent to a breathalyzer test, having an open container of alcohol in your car
3 points: Driving 11-15 mph over the speed limit, careless driving, disobeying a stop sign/traffic signal, improper passing, failure to stop at a railroad crossing, failure to stop for a school bus, disobeying a school crossing guard.
4 points: 16+ miles above the speed limit, drag racing, OWVI (operating while visibly impaired, testing for any alcohol content when you are under 21, failure to yield for emergency vehicles
6 points: Manslaughter, negligent homicide, any felony involving a motor vehicle, driving under the influence of alcohol or drugs, failure to stop and identify yourself at the scene of a crash, reckless driving, BAC level above .08, refusal to take a chemical test, fleeing police

Once points have been imposed by a conviction, they will remain on your record for 2 years. A certain amount of points will cause your license to either be suspended or revoked. A suspended license can be reinstated (for a fee) at the end of the designated suspension period. You can reapply for a revoked license after 1 year. If your license is revoked a second time, then the waiting period before reapplication is 5 years.

In addition to the loss of your license, the accumulation of points (as well as the tickets that cause them) can also result in hikes in your auto insurance rates. Your driving record is the primary factor that auto insurance companies look at when determining how safe a driver you are. If the risk factor becomes too great, your insurer may refuse to cover at all. This is a huge problem because auto insurance is necessary in order to legally operate an automobile in Michigan.

When you accumulate points on your record, there are only two ways to remove them (other than preventing them from being imposed in the first place). The first method is to wait 2 years for your record to be cleansed. The other method is to participate in a basic driver improvement course (BDIC). The test will cause moving violations to be removed from your record, but the course can only be taken by the driver one in a lifetime.

Speeding

The essence of Michigan’s basic speeding law is that a motorist must always drive at a safe and reasonable speed, depending on the circumstances. A safe and reasonable speed is one which allows the motorist to come to a stop within a reasonable distance (i.e. before colliding with the car driving in front of you).

Even if the sign says 60 mph if there is fog everywhere and ice on the road, then driving at the posted speed limit could still be considered speeding. On the other hand, driving too slowly can also be unreasonable and dangerous. Driving 3 mph when the sign says 50 mph would also violate the basic speeding law even though it isn’t technically “speeding”. At the end of the day speeding is going to get you a ticket regardless. It’s better to follow the rules of the road and stay within the speed limit.

Conclusion

The general rule for the Michigan speed limit is decidedly more straightforward. You can be charged with speeding if you are traveling even 1mph above the speed limit. That being said, most traffic enforcement officers have better things to do than pull over every motorist who goes that fast. It should also be noted that the “speed limit” is not limited to the number posted on the sign.

For more information on Traffic Laws In the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.

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Dog Bites In Michigan

Did you know the number of dog bites has doubled in the past 8 years? There are almost 4.7 million dog bites every year in the United States, and 50% of children will be bitten by a dog. Dog bites in Michigan are not uncommon and these kinds of events should be taken seriously. According to the CDC, there are roughly 800,000 dog bites every year that require medical attention (1 in every five dog bites). 334,000 of those end up being so severe that the victim must be hospitalized. To put that perspective, there are 2400 dog bite injuries every day. To break it down even further, one person is injured by a dog every 36 seconds. As many as twelve people die each year as a result of dog bite injuries. In this blog, we will be going over what to do if you are bitten by a dog and the legal steps you can take in this situation.

What to do if a dog bites you?

The very first thing you should do is seek medical attention. Not only can dog bites cause severe injury, but dog saliva makes bite wounds prone to infection. Also, it would be wise for you or your doctor to take pictures of the bite wound. This is essential because you must prove that an injury occurred in order to sue for a dog bite. At some point it would also be advisable to contact animal control or the local police and file a report. Even if you do not succeed in your lawsuit, an official report might lead to further legal consequences for a reckless dog owner. Remember that your health comes first, legal actions can be taken after you know that there is nothing life threatening.

There are many reasons why a dog might bite you. The dog may feel trapped, scared, excited, etc. Make sure the dog you are around has a responsible owner, if you don’t feel safe with the dog then leave the place immediately.

How to identify an aggressive dog?

Here is a list of indications that a dog is aggressive and might hurt you or your loved one:

Freezing in place and holding the body rigid
Tucking the tail between the legs
Standing with the head low and the front legs splayed.
Raised fur on the back.
Excessive licking of the lips
Growling and snarling
Curling lips to show teeth

If you witness any of these signs or otherwise suspect that a dog is taking an aggressive posture, then you should stand still with your hands at your sides and avoid moving closer to the dog. Avoid eye contact, as the dog will likely perceive that as a challenge and escalate their aggression.

Conclusion

If a dog does attack you, try giving it something other than you to bite on. If you have a purse or if you can manage to get your jacket off, use it as a substitute and try to back away from the dog. If the dog manages to get you to the ground, adopt a fetal position and remain as still as possible. Cover the back of your neck and ears with your arms and hands and do your best to avoid yelling or screaming. Ideally, the dog will lose interest in attacking you and you will be able to find safety and an opportunity to take stock of the situation.

Dog attacks can be scary and dangerous, make sure that everyone involved is safe. If you or someone you know has been bitten by a dog contact Goldman today. If you have any questions about your rights in Michigan give Goldman and Associates a call,Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Legal Defense in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan.

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Assault and Battery in Michigan

In this blog, we will be going over questions and answers relating to assault and battery. Assault without a dangerous weapon is a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both. Keep reading to learn more about assault in Michigan.

Assault and Battery Q & A

What is assault?

Assault is an act that would cause a reasonable person to believe that you are about to cause harm or other offensive contact with their person. Exaggerated fears or the belief that harm might come in the far future is not enough. It must be imminent and it must be reasonable. Mean words alone are not assault. However, a conditional threat, like “your wallet or your life” might count as assault. It does not matter if the defendant is not actually capable of carrying out the threat, as long as the victim reasonably believes that they are capable. The defendant must have intended to put the victim in “apprehension” of harm in order to be liable for assault.

What is battery?

Battery is an intentional act which creates harmful or offensive contact with anothe r person. “Harmful” means anything which causes pain, injury or disfigurement. However, “offensive” could be as tame as spitting someone and it would still qualify as battery. Just as long as a reasonable person would consider it offensive.

When can someone be liable for intentionally inflicting injuries on another person?

In order to be liable for intentionally inflicted injuries, three requirements must be met. First, the act itself must have been a voluntary movement (no reflexive actions). Second, that person must have had the proper intent or mental state. Typically, intentional injury cases require that the defendant either intended to cause the harm or was almost certain that injury would result from their actions. The third requirement is that the act of the defendant must be the primary cause of the injury being sued for. Even if there were other causes involved, as long as the actions of the defendant were the most important contribution, they can be held liable for the injuries inflicted.

Conclusion

Michigan (like most states), observes the doctrine of transferred intent. That means that when the defendant has the right mental state for an intentional tort, but causes an injury to someone other than their intended target, they can still be held liable as if they had injured their intended target.

If you have any questions about your rights in Michigan give Goldman and Associates a call today. Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Legal Defense in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan.

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Michigan Divorce Rules

In a divorce, there are rules that need to be followed. The divorce process requires a lot of work and precision, in this blog we will be going over certain local and state rules that surround divorces in Michigan.

Rules

When you hire your attorney they will know all the rules about a divorce, but it is still important to inform yourself on these kinds of cases so you know what is happening in your divorce. The first advice from Goldman and Associates is that if you are involved in litigation you’re going to need a lawyer. Litigation is the process of taking any legal actions which include a divorce. You need to listen to your lawyer’s advice and work with a professional who knows what they are doing. If you have a lawyer that doesn’t have any advice or offers poor results find a better one.

The second piece of advice is don’t do things on your own. If you don’t fully understand the law, doing your own divoce may lead you to trouble. If you say or do something out of line, the court may use that against you. Having a lawyer that is knowledgeable will lead you down the right path. Your lawyer is not your enemy, you hire a lawyer to get the help you need

The next rule of a divorce is to be careful what you post on social media. Reckless social media posts will likely be used against in family court. Furthermore, angry, aggressive, and disrespectful statements are likely to make the whole situation worse, and the relative anonymity of social media tends to exacerbate reckless social behavior. It is also important to exercise such caution for the sake of your children. Excessive or reckless posting about the family situation or your children could very easily undermine their privacy.

The last rule when it comes to Michigan divorces is to not bad mouth your ex. Your lawyer will tell you the same thing, if the judge hears you being rude or bad mouthing that will not help in your favor. If you want the results you desire then you need to be respectful and listen to your lawyer. Be specific and professional, the judge doesn’t want to hear the drama.

Conclusion

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