Michigan Divorce Q and A

A divorce is the legal dissolution of a marriage by a court or other competent body. 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. Some judges will be satisfied with a simple yes or no answer to this question from the parties involved. There are many elements to a divorce and that creates questions. In this blog, we will be going over common questions asked about divorce.

Do you need to tell your spouse you want a divorce?

An important thing to note is that both spouses do not need to participate in the divorce proceedings. While the person filing for divorce has to provide notice to the other spouse, the other party does not have to respond in any way unless they wish to contest some issue of the divorce. The other spouse’s permission is not required, and they cannot simply forbid it. In order for the other spouse to prevent the divorce, they must make their own demonstration to the judge that an irreconcilable breakdown in the marriage has not occurred. It is in your best interest to try to get an uncontested divorce so talking with the other party may benefit you.

If my spouse has served me with divorce papers, how should I respond?

Technically you don’t have to respond at all. Given that Michigan is a no-fault divorce state, your spouse can see through their divorce from you without any input from you unless you either challenge the divorce or have children. If you wish to challenge the divorce, then you must file an answer which challenges the assertion that the marital relationship has irrevocably broken down.

The complaint from your spouse also contains your spouse’s initial claims in terms of custody, spousal support, and child support. If you agree with their idea to get divorced, but disagree with these claims, then you must file a counterclaim. If you fail to respond, you run the significant risk that the judge will grant all of your spouse’s requests. However, filing a counterclaim may create complications if you decide not to get divorced later.

What if I change my mind?

That depends on the circumstances. If you were the spouse who originally filed for divorce, then you can end the process on your own unless your spouse filed a counterclaim or the process has continued for too long. Otherwise, all you need to do is head to the clerk of the family court and ask for the form to end the divorce process. If you have allowed the divorce process to continue to such an extent that you and your spouse are subject to a motion granted by the court, or if your spouse has filed a counterclaim, then you need the written consent of your spouse to discontinue the divorce process; Otherwise, you risk your spouse getting awarded everything they asked for in their counterclaim because you stopped arguing your side of the case and handed them a victory be the default.

Conclusion

Michigan is a no-fault divorce state. That means that you do not have to show any wrongdoing on the part of your soon-to-be former spouse. Just the basic requirement is all that you need. However, the fault may become relevant if any aspect of the divorce is contested. If there is fault with one of the parties, and the judge decides to consider that fault in the divorce judgement, that party may get a less favorable outcome in terms of division of assets, alimony, or child custody.

Divorces and family law can be challenging and getting the right attorney is half the battle. Get the right information with Goldman and Associates, read more of our blogs and check out our Youtube channel that has over 400 videos relating to everything family law. If you need more information on 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 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.

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How Does the Court Decide Custody

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. In this blog we will be going over how the court decides who gets custody.

Best Interest of the Child

The core rule the court uses when determining custody is the best interest of the child. The interests of the parents themselves are strictly secondary. The court will consider any factor which affects the child’s wellbeing. The court will look at 12 factors of the child’s well-being and from there decide who will get custody. Here are the 12 factors that judges will consider when choosing custody.

Maintaining the relationships of love and affection shared between parent and child. (Courts assume such relationships are highly beneficial to children)
The capability of the parents to provide that love and affection
The ability of the parent to provide necessities such as food, clothing, shelter, and medical care (obvious factor in a child’s well-being)
Maintaining and continuing the stable environment the child has grown up with (including living with siblings)(family courts firmly believe that children need consistency and stability)
The court will try its best to keep the child in their current home. This is why the court almost always gives the family residence to the custodial parent
The moral fitness of either parent (including criminal records or the child knowing that one of the parents had an extramarital affair) (parents set a moral example for their children to follow)
The mental and physical wellbeing of the parents (without discriminating against certain disabilities)
The child’s school, home, and community records
Child’s reasonable preference: if the child is old enough, then the court will conduct an in-person interview, and any reasonable preference will be taken into consideration
The willingness of either parent to facilitate the child’s relationship with the other parent ( Actions taken to shield a child from domestic violence or sexual assault may not be counted against this factor)
Any history of domestic violence

Conclusion

The family court will typically look at which parent spends more time with the children. It will also look at responsibilities such as, buying clothes, buying groceries and preparing meals, ensuring proper healthcare, facilitating social activities, and participating in extracurricular activities and other things. 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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Legal Defenses in Michigan

In this blog we will be going over the many types of defense that can be used in the court of law. Defenses are the most useful and important tool in avoiding criminal penalties. Most defenses must be raised by either you (the defendant), or your attorney. Neither the judge, nor the prosecutor will do it for you.

Legal Defenses in Michigan

Self Defense

Self Defense is the defense of one’s person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime. Normally, when you attack someone with lethal or nonlethal force, you are committing a crime. However, if they attacked you first then the defense of “self-defense” can protect you from criminal liability. There are a number of laws that govern when and how you are legally allowed to use force to defend yourself. Usually you are only permitted to use the level of force (lethal or nonlethal) that is being used against you. If you intentionally kill another person without being in reasonable fear of death or bodily injury, you are guilty of murder. Imperfect self-defense is usually second degree murder.

Due to the fact that you are in reasonable fear of death or bodily harm, you cannot be charged with murder. However, use of excessive force or gross negligence can result in being charged with involuntary manslaughter.

Does Michigan have a stand your ground law? What is standing your ground?

Normally, you have a duty to retreat when confronted by an assailant. When possible you must attempt to flee if possible rather than use force in self-defense when you have such a duty. Under the “Castle doctrine”, there is no duty to retreat when you are attacked in your own home. The Castle doctrine applies to any residence, even if you do not own it.

A “Stand your ground” law extends the castle doctrine to any place you are legally allowed to be and largely eliminates the duty to retreat. Whether in your home or out in the world, the rules governing the use of deadly force are the same. Lethal force may only be used if you reasonably believe that doing so is necessary to prevent imminent death, severe bodily harm, or sexual assault. Imminent means in that moment. Someone threatening to hurt or kill you tomorrow is not imminent and does not justify killing that person.
Can I employ force in self-defense in order to resist an unlawful arrest?

Yes, you can. Any improper arrest may be resisted with nonlethal force. Resisting arrest with lethal force is only justified if you did not know that the person arresting you was a police officer.

What is duress?

The defense of duress is raised when the perpetrator commits a crime because they have been threatened or coerced by another person into doing so. This defense is only valid if a reasonable person would have believed that there was a threat of imminent death or severe bodily harm. Threats to property do not give rise to a duress defense. Duress is an effective defense against any criminal charge except for intentional homicide. This makes sense because the law does not want to allow you to sacrifice another innocent person’s life to save your own. A crime is only justified to prevent even worse harm.

Conclusion

Ignorance of the law is never an excuse; all citizens are presumed to know the contents of the federal and state criminal code. However, if reliance on the mistaken advice of an attorney would undermine the necessary mental state for a crime, then it can be used to cast reasonable doubt on the prosecution’s case. There are, however, some exceptions to this rule. If the statute being used was never published or otherwise made available to the public before the crime occurred, then lack of knowledge of that law is a defense. The same goes for reasonable reliance on a statute/judicial interpretation.

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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Writing and Executing a Will

In this blog, we will be going over what probate is in Michigan and what you need to know about writing a will. Probate typically refers to the process of executing the estate of someone who is deceased. It might involve a will, it might also involve determining what happens if someone dies intestate, or without a will. However, modern probate courts do sometimes handle matters that do not involve a decedent. Trusts established by a settler and the guardianship of dependent adults are also probate matters. Furthermore, not all estates require using a probate court. In fact, people often utilize particular legal instruments for the sole purpose of avoiding the inconvenience and expense of the probate process

Should I write a will?

Although it is conventionally considered to be prudent to write a will containing one’s dying wishes, this question cannot be answered so simply. A proper answer requires a basic understanding of how wills work, what happens if there is no will and the rules and limitations about when wills are enforceable or unenforceable.

It takes at least a modest amount of time, effort, and possibly attorney’s fees to have a proper will written. If the expected outcome of dying intestate (without a will) is acceptable, then there is no reason to write one. Furthermore, a written will must still be processed by a probate court, especially if conflicts arise. There are multiple instruments which perform the same function which function outside of the probate system. The best thing to do when it comes to writing a will is to talk to an attorney so you really get the most out of the will.

What is a will?

Will is shorthand for “last will and testament.” It is an official and legally recognized expression of a decedent’s dying desires with respect to certain rights they possessed. This is an exercise of their common law “freedom of testation.” In other words, you have the legal right to exercise property rights (among other rights and privileges) after your death so long as you do so in compliance with the relevant probate laws of your state.

Wills are typically used to determine what will happen with the decedent’s property and may also be used to determine what happens with any minor children (a final exercise of parental rights). The person who writes a will to express his or her dying wishes is known as the “testator” of that will.

State probate codes place certain requirements that have to be met in order for a will to be legitimate and enforceable. These requirements are designed to ensure the authenticity of a will. Under Michigan law you must be at least 18 years old to write a will. Writing a legally binding will is a serious act which must be done by someone with the capacity and competency to make decisions.

A valid will in Michigan typically requires the legal signature of the testator as well as the signatures of at least two witnesses who are also competent adults. These witnesses must have directly witnessed either the testator signing the will or otherwise acknowledging either the signature or the will itself. It should be noted that Michigan allows for “Holographic Wills,” which means that there are no witnesses. So long as the will is in writing, dated, and signed by the testator, courts will uphold the validity.

Can I have an oral will? Or a video will?

No, you may not. Michigan does not recognize oral wills. Wills must be in writing. If you wish to record yourself reading a valid, written will then you may do so. However, that recording cannot be submitted as the will itself.

How will the Court read and interpret my will?

The court will begin by asking the parties presenting the will to “prove” the will. This generally involves bringing the witnesses before the court to testify that they were proper witnesses to the will. Alternatively, the witnesses could file affidavits with the court to accomplish the same thing. However, both of these methods are rather cumbersome and inconvenient in today’s society.

Even if the will satisfies all of the aforementioned requirements, the process is far from over. Written language is not always clear, and the meaning of essential clauses might be ambiguous. Another issue that frequently pops up is multi-page wills and the manner they are presented. How does a court decide what pieces of paper are part of the will, and which ones are not? Typically, if they are fastened together and have labeled page and or line numbers, then a court will likely infer that they are part of the same document.

Sometimes, Testators like to incorporate documents that existed prior to the writing of the will. It might say something like “the things listed on this memo are my gift to Jane Crocker.” In that scenario, the court is also likely to incorporate that into the will.

To avoid getting too deep into the legal jargon, the court recognizes two distinct categories of ambiguity. These are “patent” and “latent” ambiguities. “Patent” can be understood as something which is obvious to anyone reading it. For example, there are four beneficiaries, and each has received “one fifth” of the estate. What happens to the remaining fifth? Did they forget to mention the fifth person? In that case, the court will likely do nothing to correct the error and place the remaining fifth into intestacy. “Latent” ambiguities arise indirectly from context in otherwise clear language.

If John Deere is mentioned, but it turns out the decedent is related to three John Deere’s, who is he talking about? It is only in this situation that the court would allow outside evidence in order to show that there is ambiguity as well as to resolve that ambiguity. If trying to interpret the ambiguous language fails to resolve the issue, the court will resort to customary rules and assumptions to craft a solution.

Conclusion

Probate comes into play when someone passes away and there is a will involved, you will need an attorney should an interested party contest a will, or where an objection may be made regarding a personal representative for the estate. There are a number of matters that may be initiated in probate courts across Michigan. The particular jurisdiction will dictate what matters come before its probate court. Most of these matters will require an experienced attorney should any interested party object.

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Alimony In Michigan

Alimony is financial support that a person is ordered by a court to give to their spouse during separation or following divorce. In this blog, we will be going over everything you need to know about alimony in Michigan. If you have any more questions about alimony call Goldman and Associates to learn more.

Alimony

There are two kinds of payments you might pay/ be paid. It is called alimony when a payment is made while the marriage still exists. When the payment occurs during the divorce process or is a part of the final divorce agreement, it is known as spousal support. If either spouse is made to pay, it will likely be the less wealthy spouse. The amount is generally left up to the court’s discretion. The Michigan family court will consider the following factors when determining the amount.

The relationship and conduct of the former spouses
The length of the marriage ( a longer marriage might mean one of the spouses has less independent earning power)
The ability of either spouse to work
The type and amount of property that was awarded when the marital property was divided (a generous award might mean less generous support payments)
The paying spouse’s ability to pay. (Family courts typically try to avoid bankrupting people.)
The needs/health/situation of either spouse
The prior standard of living of either spouse. (The rule of thumb is that the court will try to give the spouse being paid the “standard of living to which he/she has become accustomed)
The contributions each spouse made to the marital estate Any fault by either party (abuse, adultery, etc.)
How living together affected each spouse’s financial situation (cohabiting is a great way to save costs) General principles of fairness

In Michigan family court you are likely to see one of three types of payments: permanent (periodic or lump sum), rehabilitative, and reimbursement. Which type you encounter depends on a number of circumstances such as the relative incomes of the spouses as well as the role both played in the household leading up to the divorce.

What is “permanent” support? Can it be terminated?

Permanent Support is a payment given to one spouse because they lack the means to support themselves. This will either take the form of regular payments made to the other spouse for the remainder of their lifetime or one “lump sum” payment. This payment will automatically terminate if the receiving spouse dies or remarries. By definition, the “lump sum” cannot be modified or terminated. The only exceptions are the retirement of the receiving spouse or proof of fraud. At that point the spouses may end up sharing retirement income or a pension, in which case the support payments will be canceled. Permanent spousal support is more likely to be awarded in long term marriages, especially if one of the spouses is at or near retirement age and has little in the way of job skills/experience.

What is “Rehabilitative” support? Can it be terminated?

This is a “periodic” payment made for a limited time so that the other spouse can gain the skills to become self-supporting. Due to its temporary nature, rehabilitative periodic spousal support is relatively easy to terminate. All the paying spouse has to do is persuade the judge that their former spouse is rehabilitated and can take care of themselves. This type of support terminates automatically when the receiving spouse gets remarried or if either spouse dies. This makes sense given that this support is meant to give that spouse help that the now estranged husband was giving them. Once the receiving spouse gets remarried it is assumed that their husband is now giving that support.

What is “Reimbursement” support? Can it be terminated?

A reimbursement support payment is sometimes ordered by the court when there is a situation where one spouse supported the other while they earned a degree or a professional license. The amount is based on how much help the supporting spouse gave, not the value of the degree license. Due to the fact that it is a one-time payment, this type of support may never be terminated and can be inherited by someone else upon the receiving spouse’s death. It will also be paid even in the event of the paying spouse’s death.

Conclusion

The most reliable way to make sure everything is fair is to write up a premarital agreement that discusses spousal support. It goes without saying that you should make sure that the type and amount of support is what you want and deserve. If you believe spousal support will be decided in court, then things will get a bit more complicated. In any case, you should keep relatively detailed records of your, and your spouse’s income before and after getting married. The last thing you want is to give your spouse an opportunity to push arbitrary and made up numbers for their own benefit. Furthermore, having documentary proof will make your own arguments more persuasive. Be aware that if your spouse draws down their own career in order to spend more time at home, that will likely mean that they will receive support from you if the two of you divorce. Obviously, the reverse is true if your spouse ends up playing the role of breadwinner. You should also be aware of the extent to which your spouse assists you in pursuing education, acquiring property, etc.

These can result in an order of support even if your spouse has greater income and even if you suffered a loss of income as a result of getting married. Keeping all of this in mind going into a marriage, you can then determine to what extent it is appropriate for you and your spouse to arrange your new life as a married family in order to affect the outcome of a hypothetical property division in a divorce. Although it is entirely possible that you and your spouse won’t actually care that much and will (hopefully) just come to an agreement amicably if it ever comes to that.

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 Spousal 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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DUI/OWI/OWVI In The State of Michigan

If you or somebody you know has a DUI then this is the blog for you. It is important to be informed about DUI and other Michigan driving laws. Goldman and Associates has all the information you need to know about Michigan laws. If you need help with any DUI

DUI stands for driving while intoxicated. It is a common term for drunk or inebriated driving. In Michigan the official term is OWI (operating while intoxicated). You can be convicted of OWI if you drive an automobile while under the effects of alcohol or any other intoxicating substance.

There is also another crime called OWVI (operating while visibly impaired), which can be charged if the prosecutor can prove that there was visible proof that your ability to safely drive was hindered by the effects of alcohol or drugs. While there are certain safe levels of alcohol consumption that will not result in a DUI, the presence of any amount of a schedule 1 drug is automatically illegal. Due to the fact that driving is such an important activity in today’s society, it is important to know how OWI/OWVI works and what the consequences can be.

Penalties for an OWI/OWVI conviction

The first OWI/OWVI offense can land you up to 93 days in jail. The fines for an OWVI are capped at $300. If you blow a blood alcohol level of .17% or higher, the maximum jail time for OWI jumps to 180 days (nearly double). Standard fines for OWI are $100-$500 dollars, but a .17% BAC will also boost that to $200- $700. The penalty for a first time OWVI conviction cannot exceed $300. OWI and OWVI can also be punished by up to 360 days of community service. The second and third offenses for OWI and OWVI will also result in the confiscation of your license plate and the denial of vehicle registration.

For a first-time OWI conviction, the prosecutor must prove that had a blood alcohol level of at least .08%, or that you were severely impaired. An OWVI conviction only requires the government to prove that you were visibly impaired. There is no specific rule about how the government may or must prove this. The police officer who issued the citation can simply testify at trial. If either the judge or the jury is convinced by this testimony that you were visibly impaired. The level of impairment for OWVI is actually less than that of an OWI charge. Any level of impairment even slightly below the ability level of a normal, careful, driver is sufficient. The penalties for OWI tend to be more severe, mainly because it either involves much worse intoxication or the fact that blood alcohol content is a more objective measure of impairment. These penalties are all for a first time OWI/OWVI. A repeat offense will likely result in even harsher penalties. If you have no OWI/OWVI convictions for seven straight years, your record will be reset to zero and your next conviction will be considered a first-time offense.

Can I have my license suspended for OWI/OWVI?

Yes, you can? For an OWVI, your license will be “officially” suspended for 90 -180 days. However, a restricted license will be available immediately. A restricted license will allow you to retain limited driving privileges. You will have to get an Ignition interlock device (stops the car from starting if it detects alcohol) installed on your car. An OWI carries a 180 day (6 month) suspension and you have to wait at least 30 days (1 month) to get a restricted license. If you blow .17% or higher on a BAC test, the suspension will last for 1 year and the waiting period for a restricted license is increased to 45 days. The first OWI offense is worth six points. The first OWVI is worth four points. The second and third offenses (in a seven year period) are worth an additional four or six points respectively. The court has the option to immobilize your car for six months and can even have the vehicle forfeited completely. The penalties for OWI can easily outweigh the punishments usually dished out for comparatively more serious offenses.

A brief overview of asset forfeiture

Asset forfeiture refers to any process whereby the state or federal government confiscates someone’s property for reasons other than taxation or eminent domain. Depending on context, asset forfeiture can either be criminal or civil. Criminal asset forfeiture occurs when property is confiscated as a result of a criminal conviction. This typically occurs when the confiscated property was used or involved in the crime. Civil asset forfeiture, by contrast, does not require the criminal conviction of the property owner. In some cases someone’s property might be confiscated because someone else committed a crime that involved that property. It is for this reason that civil asset forfeiture is a highly controversial issue.

In the context of impaired driving, and vehicle confiscation that is a direct penalty of an OWI/OWVI conviction is a criminal forfeiture. However, in the rare case where the vehicle was seized before the trial, then the forfeiture is civil. In those cases the state of Michigan will allow the vehicle’s owner to petition for the vehicle to be temporarily returned to their possession. The defendant will have to prove to the court that the vehicle is necessary for them or their family to use. If the defendant abuses this privilege by selling or concealing the vehicle in order to avoid forfeiture, they will be charged with an additional misdemeanor. In the wake of recent reforms to the asset forfeiture law of Michigan it is unclear if the state of Michigan will continue to confiscate vehicles prior to conviction. When the prosecutor wants to confiscate a vehicle post-conviction, they must file a petition within 14 days of the conviction. This petition must give notice to anyone with an interest in the car. A forfeiture hearing will be held within 21 days of the petition being filed. If the confiscated vehicle was leased, it can be returned to the lessor without the consent of the defendant.

Refusing a breathalyzer test

It might seem strange for a lawyer to tell you to actually give evidence to the police, but any Michigan attorney who knows anything about Michigan traffic laws will tell you the same thing. Under Michigan law, all drivers on Michigan roads have given their implied consent to chemical testing when ordered by a police officer with reasonable grounds to ask for a test. If you are ordered to submit to a breath test and refuse to do so, you can face severe penalties under Michigan law. A reused test is a civil infraction that carries fines of up to $150. If you are under 21 years of age, you will have 2 points added to your driving record.

Your license will be suspended for a year, and the police officer may even confiscate or destroy your physical license. If that happens, you will be given a paper permit that is valid until after the hearing where you can contest the suspension. A second refusal in a seven year period is an automatic two year license suspension. The main takeaway here is that you are not legally allowed to refuse a police-ordered breathalyzer test if you drive on Michigan roads. A court order is still required to compel someone to submit to a blood test.

Conclusion

Do not drink and drive or drive under the influence, these kinds of actions may lead to the injury or even death of you or other people. Goldman and Associates strive for safety and justice. Not only is it incredibly dangerous to drive under the influence, but these risks and costs should also serve to dissuade you. Remember that drinking and driving is dangerous and it can cost lives.

For more information on DUI 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.

Click the link to schedule a free case evaluation:

https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

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Common Traffic Mistakes In Michigan

When driving there are many things to keep in mind, the law of the road is long and there are many elements to know about. In this blog we will be going over common traffic law mistakes and how you can protect yourself on the road legally. Adopting the practices of defensive driving is really the only reliable way to minimize your odds of getting a speeding/traffic ticket. That and not intentionally breaking the law. If you don’t believe me just remember that the State of Michigan is willing to remove points from your record if you agree to learn about defensive driving. Here are just a few tips to help you on the road.

How To Avoid Tickets and Traffic Violations

Here are some ways you can prevent getting a traffic ticket in Michigan.

Don’t tailgate: Always leave a safe and healthy distance between you and the car in front of you. This is also a good way to avoid speeding.
Match the speed of traffic: This is really the only way to safely drive even a mile above the posted speed limit. If everyone in front and behind you is also doing it, chances are you won’t be the one who gets pulled over.
Use your turn signals properly: This is just a good idea in general. The only thing worse than getting pulled over is getting into a car crash.
Take your car into the shop when you accumulate enough miles: In other words, perform adequate maintenance. The law also requires your car meet certain mechanical standards as well. A broken taillight is just as illegal as not using a turn signal.
Keep focused on the road ahead of you: the essence of defensive driving is anticipating sudden hazards like children crossing the road or cars slamming on the brakes.
Mind the weather: Go slightly below the speed limit if it is raining or snowing.
Don’t drive while stressed or exhausted: Any condition which hinders your ability to drive safely can result in a ticket or car accidents. Never get behind the wheel if your body and mind aren’t up to the task

Here are just a few mistakes made by people who are given traffic and speeding tickets:

Refusing to fight it at all: Even if it’s just you in court making a weak argument, it can often be worthwhile to at least try to contest the ticket. The officers who hand out tickets and the equipment they use are not infallible
Failing to even consult an attorney: While it may be true that, barring a misdemeanor/felony or the loss of your license, the penalties for a speeding/traffic ticket usually aren’t as costly as hiring a lawyer. That being said, it can be helpful to at least sit down with a defense attorney for one meeting to discuss your case, even if they never end up representing you in court.
Refusing to submit to a breathalyzer test: Under Michigan law, all people who use public roads are presumed to have consented to any and all alcohol tests administered by police offers. Refusing to comply means an automatic two points will still be added to your record. Furthermore, your refusal will be used as evidence that you actually were intoxicated at the time.
Driving recklessly: The best way to get out of a speeding or traffic ticket is to never receive one in the first place

Make sure the officer is telling the truth

Nothing will sink a prosecutor’s case faster than proof that the arresting/charging officer actually lied about something. A good example of this might be an officer writing down the results for a breathalyzer test that was never administered. They are rarely as obvious as this example, so it would be highly advisable for defendants and their attorneys to be vigilant.Telling your side of the story doesn’t help you if the story you tell still counts as whatever infraction you have been charged with.

Conclusion

When it comes to encounters with the law, the most common cause is a traffic or speeding violation. The average person may never be arrested for any other crime, but will likely have several encounters with a traffic cop and at least one speeding or traffic ticket. Therefore it is important to understand the traffic and speeding laws of your state, as well as how to protect yourself if you find yourself at the wrong end of one.

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.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

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Everything You Need To Know About High Asset Divorce In Michigan

When you hold multiple assets and a substantial amount of money in your account, divorces can take a sharp turn and become a high asset divorce. In this blog we will be going over everything you need to know about High Asset Divorces in Michigan. When there are a lot of assets involved there may be pension plans, multiple homes, or property, and these things might make it difficult to determine the true value.

There may be assets that even have a fluctuating evaluation which can make it difficult when it comes to the division of these assets. When we divide assets, oftentimes there are assets whose value is a matter of dispute which can present challenges. Read more to learn everything you need to know about high asset divorces.

What is a high asset divorce?

A high asset divorce in The State of Michigan is when there is $1 million or more in liquid assets and there is a large amount of property and other assets. There is a huge difference between the complexity of a divorce case involving assets and a case with no assets. When there are assets involved the best possible choice is to try to work with the other party to come to some kind of agreement so that the process can go much smoother. In reality, this is very difficult to do especially with high assets, this is why you need an experienced lawyer.

Don’t hide your assets

The instinct, however wrong, of those with high assets is to generally run and start hiding or moving money, property, stocks or other assets. This is the wrong thing to do and will backfire on you. Both spouses are required to be completely transparent with their assets. If you suspect that your spouse is not going to live up to that obligation, then it is imperative that you take steps to prepare. If you are able to demonstrate in court that your spouse hid any of their assets, then the court is likely to award the entire asset to you as punishment for your spouse’s misconduct. Hiding assets can be done in a variety of ways. Sometimes financial documents are literally hidden away. A spouse might convert cash into property like art or jewelry. There have also been cases where a divorcing spouse has used marital funds to pay off fake debts. Funneling cash into individually owned businesses is another common tactic. In order to detect asset concealment, you should obtain copies of all of your spouse’s income tax returns and all of their financial records. Although this may result in elevated legal fees if you are utilizing the services of an attorney, it will almost certainly be worthwhile in a high-income divorce.

Assets and Property

It would be highly advisable for both you and your spouse to compile a detailed inventory of all of your property and assets. If both of you sign this document and submit it to the family court, then the court is much less likely to demand a greater investigation or ask for more evidence from either of you. This is a great way to speed up the process. As an added bonus, you won’t have to pay your attorneys as much to help gather or demand evidence of assets.

Marital debt is distributed along with property, albeit using different standards and procedures. The court will generally strive for fairness in the distribution. This typically means that the marital debt is divided roughly equally. However, the judge might opt for a more lopsided distribution if they felt it would be fairer to do so. It is highly unlikely that one person will receive 100% of the assets and one person will leave with nothing. Despite the fact that Michigan is a no-fault divorce state, the truth is that fault can be relevant to some property, alimony and other issues. The court may not be equal about it, it may be something along the lines of a 60-40 split, but you don’t see 90-10 split in these scenarios from Michigan courts. In the majority of cases the distribution will be even.

The first and most important thing you can do going into a divorce in order to have a more favorable property distribution is to have either a premarital agreement that memorializes the desired arrangement of you and your spouse or a separate document signed by the both of you which declares the particular designation of marital and separate property which is most likely to result in the desired distribution.

Conclusion

If you want to preserve your assets, there are things that can be done in order to preserve those assets from your soon-to-be ex. Don’t hide any of your assets or try to put all your money into stocks or other savings accounts, this will only hurt you in the long run and the court will find out. Be truthful and tell your attorney about all the assets you own and give all the information needed by the attorney. In a high asset divorce, you will need a skilled attorney that will get you the best results.

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.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

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High Asset Divorce Process

Divorces are challenging and the process can be long and difficult. High asset divorces may even take longer because of how much assets are involved. Trying to evenly divide assets in a high asset divorce can be hard, but with this blog there is nothing to worry about. Goldman and Associates works to get you the best possible outcome. Check the Goldman and Associates Law Firm Youtube channel, with over 400 videos on all legal matters you can learn everything you need to know about your case!

High Asset Divorce

A high asset divorce is a divorce that involves a lot of property and where the parties are holding many stocks and investments. In order to file for divorce in Michigan you must be a resident of the state for at least 180 days (six months) and a resident of the county where you file for divorce for at least 10 days. An important thing to note is that both spouses do not need to participate in the divorce proceedings. While the person filing for divorce has to provide notice to the other spouse, the other party does not have to respond in any way unless they wish to contest some issue of the divorce. The other spouse’s permission is not required, and they cannot simply forbid it. In order for the other spouse to prevent the divorce, they must make their own demonstration to the judge that an irreconcilable breakdown in the marriage has not occurred.

Contested vs Uncontested

A divorce is uncontested when both spouses agree to the divorce, and there is no dispute about alimony, custody, division of property, etc. This results in an agreement being settled between them that will usually become the final divorce judgement. While this can save a lot of time and money, it will not shorten the minimum duration of six months if there are children involved.

Furthermore, there will still be at least one hearing where the question of marital breakdown will be considered. Furthermore, a family court may ignore or reject such an agreement between spouses regarding child support or custody if it believes that the agreement is not in the child’s best interest.

In a high asset divorce, your best chance for a fair and smooth process is to have an uncontested divorce. This involves coming up with an agreement with the other party to equally share the assets with no disagreements. This may be challenging but it will make the divorce process much easier. An important thing to note is that both spouses do not need to participate in the divorce proceedings. While the person filing for divorce has to provide notice to the other spouse, the other party does not have to respond in any way unless they wish to contest some issue of the divorce.

The other spouse’s permission is not required, and they cannot simply forbid it. In order for the other spouse to prevent the divorce, they must make their own demonstration to the judge that an irreconcilable breakdown in the marriage has not occurred.

Conclusion

A high asset divorce requires a skilled attorney that can get you the outcome you desire. When there are a lot of assets involved there may be pension plans, multiple homes, or property, and these things might make it difficult to determine the true value. There may be assets that even have a fluctuating evaluation which can make it difficult when it comes to the division of these assets. When we divide assets, oftentimes there are assets whose value is a matter of dispute which can present challenges. If you need more information on 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.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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Michigan Traffic Law

Goldman and Associates focus on family law, personal injury, and traffic law. If you have any questions about any of these topics contact us today and we will be happy to help. If you are driving every day it might be good to know about Michigan traffic laws and what rights you have when driving. This blog will be going over everything you need to know about traffic laws in Michigan.

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”.

Speeding

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.

Different types of roads have default speed limits under Michigan law. These are the designated speed limit unless a physical sign indicates otherwise. Examples of these default speed limits include:

Business districts: 25 MH
Residential districts: 25 MPH
Boundaries of a public park: 25 MPH
Truck lines and county highways: 55 MPH
Gravel highways: 55 MPH
Limited access freeways: 70 MPH

In addition to points on your record, a speeding ticket is usually punished with a fine. Typical speeding fines are as follows:

Driving 1-5 MPH above the limit: $90
Driving 5+ MPH over the limit: $100
Driving 26+ MPH over the limit: $155 plus an additional $4 for every additional mile

Speeding is considered a civil infraction. The court can also impose an additional surcharge on top of the fine, which usually goes towards certain public programs. A severe enough speeding offense can be charged as reckless driving, which is a misdemeanor punishable by 93 days in jail and/or fines of up to $500.

Traffic Tickets

Traffic tickets and violations typically cover any other automobile related offense other than speeding. Everything from failing to use a turn signal to vehicular manslaughter. A few examples of traffic infractions include:

Failing to use a turn signal (subject to fines of up to $95
Failing to obey a stop sign or stop light (note: yellow light means stop if it is safe to do so) Failure to stop for a school bus (fines of up to $180) Improper U-turns (fines of up to $100) Failure to provide another driver their right of way
Hit and run (might be either a misdemeanor or a felony)
Faulty vehicle equipment (suck as a broken taillight or turn signal)
Failure to wear a seatbelt (front seat passengers, and all children between the ages of four and fifteen must wear one)

Conclusion

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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