6 Reasons to Fire Your Divorce Lawyer

Getting a divorce is an important matter that needs to be handled by the right people. When you hire an attorney you expect them to do their job and get you the results you desire and inform you of all the things you need to know about your divorce. There may be a time when you have to fire your attorney because they’re doing a bad job. It is important to be able to assess how good of a job your attorney is doing. Here is a list of 6 reasons why you should fire your divorce lawyer. 

1.Your Attorney Refuses To Answer and/or Return Your Phone Calls

There is virtually nothing more important to an attorney-client relationship than proper communication. Not only does the lack of it hinder the success of a legal case, but it is also fundamentally disrespectful to the client. Even if the attorney misses the call for some reason they should attempt to get into contact with you as soon as possible. If they continue to ignore your calls and refuse to remedy this when called out on it, then you need to find someone new. Communication is key when it comes to the divorce process if you don’t know what is happening with your case and what your attorney is doing. That is when you should look for another attorney. 

2. A Lack of Updates Has Caused You to Miss an Important date/deadline

Handling your case is literally your attorney’s job. Furthermore, the court and opposing counsel are likely communicating relevant details with your client rather than you. As such, nobody should be more aware of events in your case and any relevant deadlines than your attorney. Under no circumstances should your lawyer’s negligence cause you to miss a hearing or any other important date/deadline, then you need to find someone else. If you have had to inform/remind your attorney about an event or deadline they should have already known about, then that is the first and only sign that you need to fire them.

Even if they show a willingness to follow up and communicate, it is completely pointless if you yourself are not comfortable communicating with them. You need to be able to ask questions in order for your case to be successful. It is also important for attorneys to take steps to ensure their client’s peace of mind.

3. Your Attorney Has Lied To You or Otherwise Mislead You

There is no excuse for this. As the client of your legal case, you are entitled to nothing short of the truth. No matter how inconvenient or upsetting that truth might be, your attorney should never be telling you things he knows are not true. Details may suddenly emerge, law might be changed or repealed, and situations can alter drastically. You should be informed immediately of such detail or if your attorney is altering his or her strategy in any way. If they have ever withheld such information or have ever intentionally misled you, then you need new representation immediately. How can you work with someone that tells you lies, hire someone with good reviews and a trustworthy track record. 

4. Your Attorney Has Demonstrated a Consistent Lack of Compatibility 

Your attorney may have no idea what they’re doing and just lead you to more debt and issues. Legal cases are complex and nuanced. They depend heavily on the small facts which vary with the circumstances. A competent attorney usually only grasp these nuances by understanding their client and their needs. If your attorney just isn’t forming that connection with you, and clearly isn’t understanding your situation, then perhaps you should consider finding one that can. Just be sure that your expectations are reasonable. You don’t hire a mechanic with no experience to work on your car, you would want someone with many years of experience and extraordinary skill. The same goes for a divorce attorney, you want someone with experience and skill

5. Your Attorney Has Demonstrated a Repeated Lack of Knowledge of the Law

People hire attorneys because of their knowledge of the law and the fact that they are trained to apply that law to that law to facts. You are paying substantial amounts of money based on the belief that your attorney is competent enough to give you the best chance of success with your legal issue. 

It should also be noted that legal questions are often complex and nuanced enough there you could argue several different answers or positions for a given legal question. However, if you find that your lawyer has demonstrated clear ignorance or mistaken understanding of an issue of law, or has failed to understand the specific facts of your case; then maybe you aren’t getting the legal service that you paid for

6. Your Attorney Charges Unreasonable Fees

In the same vein as the previous red flag, any legal fees or costs should be reasonable. Even if the attorney in question is competent, and has avoided any of the other misconduct on this list, they should still only be charging fees that are fair and reasonable for the service they are providing. This is such a major issue in the legal profession that there are court-enforced ethical rules which require that all lawyers must charge fees that are reasonable. 

An attorney who charges unreasonable fees can be sanctioned and could even lose their license to practice law. If you suspect that you are being charged too much, don’t be afraid to check prices at other firms, and don’t hesitate to report an unscrupulous lawyer to the state bar of Michigan. Don’t pay more than you need to, make sure you do your research online.

Conclusion 

The best way to see if you need to let go of your divorce attorney is if you are not getting the results you want and the process isn’t going well. Be alert and make sure you are well informed, in most cases attorneys are on your side and will help you every step of the way but there are times when that isn’t how it goes. 

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. 

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

https://www.youtube.com/watch?v=bVboZW4z-Q0 

Resources 

http://akivagoldman.com/ 

https://www.youtube.com/watch?v=Re6vnYnBLws  

 

Same Sex Divorce in Michigan

Even if your same-sex marriage is a short lived one, or if there are no children, and if you have always kept things separately, then those rules regarding a standard divorce still apply. This means it is no simpler to get a divorce in a same-sex marriage than it is otherwise. There are still the same technical rules that apply, there are the same limitations, so it is every bit sophisticated as a standard divorce case. In this blog we will be going over same sex divorces and how the process goes. 

Same Sex Divorce 

Just like a straight couple’s divorce, a same-sex divorce is greatly simplified if there are no minor children involved. Issues like spousal support/alimony should be the same as if you were a straight couple. However, the issues of division of property, child custody, and child support have a few wrinkles when it comes to same-sex couples

How is the division of property different for same-sex couples?

Same-sex marriage has only been legalized relatively recently. If you are getting divorced now, it is likely that you lived with your spouse in an intimate partnership with your spouse for a long time before you got married. Normally when a married couple gets a divorce, the court will distinguish between property that is separately owned and that which is “marital” or shared. Typically, only property that was acquired after the couple got married is considered marital property and divided accordingly. This rule is not always fair for a gay couple who has been living together intimately for years waiting for the right to get married. If the two of you have shared a house together, but it is only in one spouse’s name, who should it belong to? It is important for your lawyer(s) to raise issues like this with the family court judge.

How do children effect a same-sex divorce?

A same-sex couple with a child potentially faces many pitfalls and issues that straight spouses do not. This difference is not due to any bigotry or discrimination but is an artifact of certain aspects of Michigan law . The major issue which causes these complications is the fact that same -sex couples often don’t have biological children. Even when they do, it is usually only related to one of the spouses. Such situations are only further complicated by the fact that there is a good chance that the child was either born (via surrogacy) or adopted before the couple was legally allowed to get married. When deciding custody, Michigan law puts a strong emphasis on married spouses and biological parents, which can sometimes disadvantage same-sex couples. If the two partners jointly adopted the child after the marriage, then there is no issue. They are both the legal parents of that child and child custody will follow the same procedure as any other married couple seeking a divorce. If your partner adopted the child before the marriage, and you want any sort of custody rights, it is highly recommended that you obtain a stepparent adoption for that child. Without such an adoption, you have no legal rights to that child unless you and your former spouse reach an agreement through mediation.

A same-sex couple with a child potentially faces many pitfalls and issues that straight spouses do not. This difference is not due to any bigotry or discrimination but is an artifact of certain aspects of Michigan law. The major issue which causes these complications is the fact that same -sex couples often don’t have biological children. Even when they do, it is usually only related to one of the spouses. Such situations are only further complicated by the fact that there is a good chance that the child was either born (via surrogacy) or adopted before the couple was legally allowed to get married. When deciding custody, Michigan law puts a strong emphasis on married spouses and biological parents, which can sometimes disadvantage same-sex couples. 

If the two partners jointly adopted the child after the marriage, then there is no issue. They are both the legal parents of that child and child custody will follow the same procedure as any other married couple seeking a divorce. If your partner adopted the child before the marriage, and you want any sort of custody rights, it is highly recommended that you obtain a stepparent adoption for that child. Without such an adoption, you have no legal rights to that child unless you and your former spouse reach an agreement through mediation.

Conclusion 

Same Sex Divorces will usually be the same as most standard divorces. The best thing you can do is speak to your attorney so everything goes the way you want it to go. 

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. 

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

https://www.youtube.com/watch?v=SEIKP5VMPzw 

Resources 

http://akivagoldman.com/ 

https://www.youtube.com/watch?v=JafzXM1ezZo 

Everything You Need To Know About Divorce in Michigan

What is a Divorce 

Divorce is the legal dissolution of a marriage. 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. Others, however, will expect specific facts and evidence. It is important to consult a lawyer to help you prepare to meet this burden. 

There is no surefire objective way to tell if you need a divorce. However, there are often signs one can look at, such as refusing to live together, persistent fighting and resentment, etc. You should also recall that marriage is a joint enterprise involving you and your spouse. If there is any problem, it will have to be tackled together. If you believe that either of you would be unwilling or unable to do so, then perhaps a divorce is inevitable? 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. 

Do I Need to Tell My Spouse About the 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.

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 (see the following section for more details).

What is No Fault Divorce?

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, 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 judgment, that party may get a less favorable outcome in terms of division of assets, alimony, or child custody. If the divorce is uncontested (see the section below), you will most likely be unable to use that person’s fault against them.

“Fault” is a legal term that means any form of wrongdoing that would have been necessary in order to get a divorce in the era before the advent of “no-fault” divorce. This generally meant adultery, domestic violence, or things of that nature. The major takeaway is that while these factors might play into your decision to get a divorce, they are no longer necessary conditions in order for you to get your divorce finalized by a Michigan family court. 

It should be noted that, unlike many no fault states, Michigan doesn’t even offer fault divorce, nor does it have an official list of recognized fault grounds. This might make it more difficult to leverage “fault grounds” to obtain a more favorable divorce judgement.

Fault Grounds

The judge will never actually refer to them as “fault grounds”. Furthermore, they won’t use many of the grounds that would have netted you a divorce in eras past, such as infertility/impotence. After all, the law and government no longer view child bearing as such a central and indispensable aspect of marriage. The court will only really look at infidelity, abuse, neglect/abandonment, or drug/alcohol abuse. These are factors that truly affect the interpersonal relationship between spouses and are typically the result of a willful decision by the at fault spouse. An example of the judge using these factors might be the judge giving the wife a more generous property settlement because the divorce was brought on by her husband’s cheating. Abuse, neglect, or addiction might be used to show that one of the spouses is an unfit parent, which would play into a custody determination. Abuse that causes physical injuries might become grounds for making the abusive ex -spouse pay for some of that person’s medical expenses. Criminal convictions can be relevant in multiple ways. If a criminal record/imprisonment was the root cause of the divorce, then the judge may attach moral weight to that when deciding on the distribution of property. Given the imprisoned spouse’s incarceration, it is unlikely that the court would assign greater spousal support. 

That being said, a criminal conviction is highly relevant when it comes to child custody. A conviction of any kind, especially one that involves incarceration, virtually guarantees that the other parent will receive physical custody and is likely to result in a rather strict parenting time arrangement. In fact, for certain crimes involving sexual abuse or violence towards children; the crime cou ld even result in the outright termination of the defendant’s parental rights. Not every judge will be open to these kinds of arguments, but this is the only part of the divorce process where those factors are permitted to be considered at all in Michigan family court.

Alternatives to Divorce 

Annulment is another option for those who do not want a divorce. An annulment invalidates a marriage based on the judge finding that the marriage was void from its inception or is voidable for some reason. Couples who receive an annulment must not continue to cohabitate. For more information on annulment contact our attorneys at Goldman and Associates. 

A marriage is void when the couple is too closely related (parent/child, aunt/uncle, siblings, nephews, etc.) or where one of the spouses is still in a previous marriage (aka Bigamy). A void marriage cannot continue to be valid and will be nullified even without a court order. A good rule of thumb for distinguishing a void marriage from a voidable one is that the spouses are categorically incapable (by law) of being validly married no matter how willing they are.

Conclusion

At the end of the day, you will need an attorney to have a successful divorce. 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. 

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

https://www.youtube.com/watch?v=Rck5ssYUPMs 

Resources 

http://akivagoldman.com/ 

https://www.youtube.com/watch?v=QdoOAHv9PQo&t=2s 

[Video] How To Find A Great Divorce Lawyer In Michigan

It is very common for individuals to find a great lawyer and what is the best attorney for them. Clients tend to gravitate towards attorneys who they think they identify well with. You should use that theme to pick your lawyer. You must remember to find an attorney who shares the same vision and sees the same potential outcome as you.

Try to determine what your vision is for your divorce and also your life post divorce and if you are able to identify your goals, then you should find the attorney who is best suited for you. At Goldman & Associates Law Firm, we will help establish that vision that is best for you, and work tirelessly to achieve that outcome.

If you are considering Divorce in The State of Michigan remember to contact our attorneys at Goldman and Associates Law Firm today if you have questions regarding Divorce or any legal matter.

[Video] The First Thing You Should Do If You Are Criminally Charged

What you need to know about criminal cases is that by their nature they have to deal with crime & punishment. A criminal case isn’t like a parking ticket, you pay a fine and then you are scot free. Instead criminal cases (misdemeanor or felony) involving someone’s liberty is at stake.

If you are convicted, then you could potentially serve time in jail. Therefore, the moment you are charged with a criminal case, the first call you should make is to a lawyer. You need to identify what your options are and how the process works.

If you are being sued in The State of Michigan remember to contact our attorneys at Goldman and Associates Law Firm today if you have questions regarding Being Sued in Michigan or any legal matter.

[Video] Why You Should Hire An Attorney When You Receive A Traffic Ticket

When you receive a traffic ticket, your area of concern should be the points on your driving record and how it will impact your insurance and if it will jeopardize your ability to maintain a driver’s license. When you already have multiple points on your driving record, you need to remember the more points that you accumulate, the more likely your driving privileges could be revoked.

If you do receive a ticket, you must act quickly, and it must be taken care of appropriately. To have a higher chance of the ticket being handled successfully, you are going to need to hire a lawyer to navigate the system to help you get the best result possible.

If you are being sued in The State of Michigan remember to contact our attorneys at Goldman and Associates Law Firm today if you have questions regarding Being Sued in Michigan or any legal matter.

[Video] How Do I Attain The Best Outcome For My Family Law Case?

In terms of who you sue, you don’t have any options. Family Law cases have a number of moving parts and complicated areas throughout the entire process. There are a number of steps that need to be handled correctly or else your chances of getting the outcome you deserve go out the window.

Your chances of earning a better result are dramatically increased if you hire the right professional with the proper knowledge and experience to help you achieve the outcome you want.

If you are being sued in The State of Michigan remember to contact our attorneys at Goldman and Associates Law Firm today if you have questions regarding Being Sued in Michigan or any legal matter.

[Video] If You Are Bit By A Dog, Should You Sue The Owner?

In terms of who you sue, you don’t have any options. The one person who is liable and responsible is the owner of the dog and remember you are not suing an insurance company. For example, if your neighbor’s dog bites your child, the lawsuit is between you as the plaintiff against the owner of the dog.

The reason it works out that way is because insurance companies have a contract with the owner of the dog as part of Homeowners Insurance & it basically says if you should be sued because your dog bites someone, the insurance company will defend you. Your primary concern should be protecting your legal rights that you have in the situation.

If you are being sued in The State of Michigan remember to contact our attorneys at Goldman and Associates Law Firm today if you have questions regarding Being Sued in Michigan or any legal matter.

[Video] What Am I Supposed To Do If I’m Being Sued In Michigan?

If you are being sued in Michigan and you are served papers, the first thing you should do is contact an attorney and inform them you are being sued. The attorney will want to see the papers to make further determinations. Your lawyer will then have to file a timely answer to those claims.

Overall the first thing you should do when you are sued is to contact an attorney as soon as possible because lawsuits are generally time sensitive.

If you are being sued in The State of Michigan remember to contact our attorneys at Goldman and Associates Law Firm today if you have questions regarding Being Sued in Michigan or any legal matter.

[Video] If I’m Being Sued, Can I Get The Case Dismissed?

The question that needs to be answered is whether there are technical, legal or factual grounds to support the dismissal. One of the factors that needs to be addressed is when the claim was brought on, jurisdiction issues, etc. Your lawyer will examine all options to see if your case is subject to dismissal. In many cases, filing a quick motion to dismiss isn’t going to help you.

The court will probably say that there hasn’t been an adequate opportunity to discover all of the facts of the case, and will suggest renewing the motion to dismiss.

If you are being sued in The State of Michigan remember to contact our attorneys at Goldman and Associates Law Firm today if you have questions regarding Being Sued in Michigan or any legal matter.