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Can You Travel Out of State While Facing Criminal Charges in Michigan?

Fri, 24 Apr 2026 04:00:13 GMT

Can You Travel Out of State While Facing Criminal Charges in Michigan?

Facing criminal charges in Michigan can be stressful and disruptive, especially if you need to travel for work, family obligations, or other important reasons. Many individuals wonder whether leaving the state is allowed while their case is still pending. The answer depends on several legal factors, including the conditions of your release and any court-imposed restrictions.

Understanding Bond and Release Conditions

After being charged with a crime, a judge may release you on bond or your own recognizance. In many cases, the court will impose specific conditions that you must follow while your case is ongoing. These conditions often include requirements such as:

Attending all scheduled court hearings
Avoiding further legal trouble
Maintaining contact with your attorney
Staying within a designated geographic area

Some individuals may be restricted from leaving Michigan entirely, while others may have more flexibility depending on the severity of the charges and their criminal history.

When Travel May Be Restricted

Traveling out of state is typically restricted if:

The court has explicitly ordered you to remain in Michigan
You are considered a flight risk
Your charges involve serious or violent offenses
You are on probation or parole with travel limitations

Violating these conditions can lead to serious consequences, including revocation of bond, issuance of a warrant for your arrest, or additional criminal charges.

Requesting Permission to Travel

If you need to travel outside of Michigan, it is often possible to request permission from the court. This process usually involves:

Filing a formal motion or request
Explaining the reason for travel
Providing travel dates and destination
Demonstrating that you will return for court appearances

In some cases, your attorney can negotiate with the prosecutor or request a modification of your bond conditions to allow temporary travel.

Importance of Legal Guidance

Traveling without permission while facing criminal charges can jeopardize your case and your freedom. An attorney can review your release conditions, advise you on your options, and help you properly request permission from the court if necessary.

At Don E. Burch P.C., we can provide legal assistance to the Okemos public. Our firm can help you understand your rights, comply with court orders, and take the appropriate steps if you need to travel while your case is pending.

Can I Disinherit a Child in Michigan? What the Law Allows

Mon, 23 Mar 2026 14:47:23 GMT

Can I Disinherit a Child in Michigan? What the Law Allows

When creating an estate plan, one of the most difficult decisions a parent may face is whether to exclude a child from their will. In Michigan, disinheriting a child is legally possible, but it must be done carefully to avoid disputes or unintended consequences. Understanding how the law works can help ensure your wishes are respected and your estate is distributed according to your intentions.

At Don E. Burch P.C., we can provide legal assistance to the Okemos public in navigating estate planning decisions, including questions about disinheritance.

What Does It Mean to Disinherit a Child?

Disinheriting a child means intentionally leaving them out of your will or trust so they do not receive any portion of your estate. This can be done for various reasons, including estrangement, prior financial support, or personal family circumstances.

However, simply omitting a child from your estate plan is not always enough to ensure they receive nothing.

Michigan Law on Disinheriting a Child

Michigan law generally allows a parent to disinherit an adult child. Unlike spouses, who have certain legal protections, children do not have an automatic right to inherit from a parent’s estate.

That said, the key is clarity. If a will or trust is silent about a child, the court may interpret that omission as accidental. This could open the door for the child to claim a share of the estate.

The Importance of Clearly Stating Your Intentions

To properly disinherit a child in Michigan, your estate planning documents should clearly state your intent. This may include language that explicitly acknowledges the child and confirms that you are choosing not to leave them anything.

Without this clarity, your estate plan could be challenged, potentially leading to delays, legal costs, and family conflict.

Risks of Will Contests

Disinheriting a child can increase the likelihood of a will contest. A child who is left out may argue that:

The will is invalid
You lacked mental capacity when creating the document
You were influenced by another person

These challenges can complicate the probate process and may result in portions of your estate being distributed differently than you intended.

Using Trusts as an Alternative

Some individuals choose to use trusts instead of—or in addition to—a will when disinheriting a child. Trusts can provide more control, privacy, and structure, potentially reducing the risk of disputes.

For example, a trust may include conditions, partial distributions, or detailed instructions that are harder to contest than a simple will.

Special Considerations for Minor Children

Disinheriting a minor child is more complex. Michigan courts prioritize the welfare of minors, and parents typically have a legal obligation to provide support. Attempting to disinherit a minor may raise legal concerns and could be challenged more easily.

If you are considering this step, it is important to understand how Michigan law applies to your specific situation.

How Legal Guidance Can Help

Estate planning decisions like disinheriting a child should not be made lightly. A properly drafted will or trust can help ensure your wishes are honored while minimizing the risk of legal disputes.

At Don E. Burch P.C., we assist individuals in the Okemos area with creating clear, enforceable estate plans tailored to their needs and family dynamics.

Understanding Your Rights as a Father in a Michigan Custody Case

Thu, 19 Feb 2026 05:01:15 GMT

Understanding Your Rights as a Father in a Michigan Custody Case

Fathers in Michigan often worry that the legal system may not view their parental role on equal footing, especially during custody disputes. However, Michigan law recognizes that children benefit from strong relationships with both parents. If you are a father navigating a custody matter, understanding your rights can help you protect your time, your voice, and your relationship with your child. At Michigan Attorney Don E. Burch, we assist fathers in Okemos and surrounding communities with navigating the custody process and asserting their parental rights.

Equal Standing Under Michigan Law

Michigan law does not favor mothers or fathers in custody cases. Both parents begin on equal legal ground, and the court’s primary focus is the child’s best interests. When determining custody, courts consider factors such as emotional ties, stability of the home, each parent’s ability to provide care, and the child’s overall well-being.

This means that as a father, you have the same right as the mother to request custody, parenting time, and decision-making authority. The court will not assume one parent is more suitable based on gender.

Your Right to Seek Legal and Physical Custody

Fathers can pursue both legal and physical custody.

Legal custody allows you to participate in major decisions affecting your child’s education, medical care, and upbringing.
Physical custody determines where the child lives and how day-to-day care is provided.

Michigan courts often favor joint legal custody when both parents can communicate and cooperate. Fathers can also receive primary physical custody if the evidence supports it.

Your Right to Meaningful Parenting Time

Michigan law promotes frequent and continuing contact with both parents. You have the right to request a parenting time schedule that supports strong, consistent involvement in your child’s life. Parenting time orders can include regular visits, holidays, vacations, and communication guidelines.

If the other parent is keeping the child from you without a valid reason, you may seek enforcement through the court.

Your Right to Challenge False Allegations

Sometimes custody disputes involve accusations that can negatively impact a father’s rights. You have the right to present evidence, request evaluations, and challenge any claims that are unjustified. Courts examine the accuracy and credibility of accusations before considering them in custody decisions.

Your Right to Modify Custody or Parenting Time

If your circumstances or your child’s needs have changed, you can request a modification of custody or parenting time. Michigan allows modifications when there is a significant change that affects the child’s well-being.

How an Attorney Can Support You

Custody cases can be emotional and complicated, especially when you are trying to protect your relationship with your child. At Michigan Attorney Don E. Burch, we work with fathers in Okemos to build strong cases, present evidence effectively, and pursue arrangements that reflect your role in your child’s life.

Understanding the Consequences of a Felony Conviction in Michigan

Thu, 18 Dec 2025 15:30:14 GMT

Understanding the Consequences of a Felony Conviction in Michigan

Facing felony charges in Michigan is a life-changing experience, and a conviction carries long-term consequences that can affect nearly every area of your life. Michigan treats felony offenses very seriously, and anyone charged should understand the impact a conviction can have—both immediately and well into the future. At Michigan Attorney Don E. Burch , we provide legal assistance to individuals in the Okemos community who are navigating these challenging circumstances.

What Is Considered a Felony in Michigan?

In Michigan, a felony is any crime that may result in more than one year of imprisonment. These offenses range from drug crimes and assault to theft, fraud, and more serious violent crimes. Felonies are divided into classes—Class A being the most serious.

Potential Penalties Upon Conviction

Felony convictions come with significant penalties depending on the severity and classification of the offense. Common consequences include:

1. Incarceration

Felony convictions can lead to state prison sentences ranging from one year to life, depending on the nature of the crime and whether the defendant has prior convictions.

2. Substantial Fines

Many felony offenses include steep fines that can reach thousands or even tens of thousands of dollars.

3. Probation and Parole

You may be required to complete probation, often with strict conditions such as regular reporting, drug testing, community service, or treatment programs.

Collateral Consequences Beyond Sentencing

Perhaps the most damaging impact of a felony conviction is the long-term collateral consequences—the effects that impact your daily life long after the courtroom proceedings end.

1. Loss of Civil Rights

A felony conviction can affect your:

Right to possess a firearm
Ability to serve on a jury
Voting rights (restored upon release in Michigan but restricted while incarcerated)

2. Employment Challenges

Many employers conduct background checks and may be hesitant to hire individuals with felony records. Certain professional licenses may also be denied or revoked.

3. Housing and Financial Limitations

Felony convictions can limit your ability to qualify for:

Rental housing
Federal student loans
Public benefits

Landlords and housing authorities often consider felony records in screening applications.

4. Immigration Consequences

For non-U.S. citizens, a felony conviction can lead to deportation, inadmissibility, or denial of naturalization.

5. Family Law Implications

A felony conviction—especially for violent or drug-related offenses—can affect child custody or visitation determinations in family court.

The Importance of Legal Representation

Because the consequences are so significant, anyone facing felony charges should seek legal guidance as early as possible. A strong defense can help reduce penalties, negotiate lesser charges, or even avoid a conviction depending on the circumstances.

At Michigan Attorney Don E. Burch , we provide legal assistance to the Okemos public and work to protect your rights and future when facing a felony charge.

How to Qualify for Chapter 7 Bankruptcy in Michigan

Thu, 18 Dec 2025 15:11:53 GMT

How to Qualify for Chapter 7 Bankruptcy in Michigan

Filing for Chapter 7 bankruptcy can offer life-changing financial relief for Michigan residents overwhelmed by debt. However, you must meet certain eligibility requirements before moving forward. Understanding these rules can help you determine whether Chapter 7 is the right path. At Michigan Attorney Don E. Burch, we can provide legal assistance to the Okemos public as they navigate this process.

Understanding Chapter 7 Bankruptcy

Chapter 7 bankruptcy is often referred to as a liquidation process, where non-exempt assets may be sold to repay creditors. Many filers, however, keep most or all of their property due to exemptions allowed under Michigan and federal law. The primary goal is a fresh financial start through the discharge of unsecured debts such as credit cards, medical bills, and personal loans.

The Michigan Means Test

The means test determines whether your income is low enough to qualify for Chapter 7. The test compares your household income to the median income for a similar household size in Michigan.

If your income is below the state median , you automatically pass.
If it is above , you must complete the full means test, which examines your necessary expenses to see if you still qualify.

This test prevents individuals with the ability to repay from filing under Chapter 7.

Michigan Residency and Filing Requirements

To file in Michigan, you must:

Live in the state for at least 180 days before filing.
Use either Michigan or federal bankruptcy exemptions, depending on which better protects your assets.

Michigan exemptions commonly protect:

A portion of home equity
Vehicles
Clothing and personal items
Certain retirement accounts

Credit Counseling Requirement

Before filing, you must complete an approved credit counseling course within 180 days. This class helps you evaluate alternatives to bankruptcy and understand the financial impact of filing.

Prior Bankruptcy Filings

Your eligibility may also depend on your bankruptcy history:

You must wait eight years after a previous Chapter 7 discharge to file again.
You must wait six years after a Chapter 13 discharge, unless debt repayment met certain requirements.

Signs Chapter 7 Might Be Right for You

You may benefit from Chapter 7 if you:

Have mostly unsecured debts
Cannot afford monthly payments
Are facing lawsuits, wage garnishment, or collection harassment
Have limited income or assets

Every case is different, and an attorney can help determine whether Chapter 7 is your best option.

How an Attorney Can Help

The bankruptcy process involves strict timing, documentation, and legal standards. A Michigan bankruptcy attorney can help ensure you meet eligibility requirements, prepare filings correctly, and protect as many assets as possible.

At Michigan Attorney Don E. Burch , we can provide legal assistance to the Okemos public and help you understand your debt relief options.

Contested Divorces in Michigan: What You Need to Know

Tue, 01 Oct 2024 02:58:00 GMT

Divorce is never easy, but when both spouses cannot agree on key issues, the process becomes more complicated and emotionally charged. In Michigan, contested divorces can involve disputes over property division, child custody, spousal support, and more. Because of the complexity and high stakes involved, it’s essential to understand the legal process and your rights if you’re facing a contested divorce. In this post, we’ll discuss what constitutes a contested divorce in Michigan, the steps involved, and what you can do to protect your interests.

What is a Contested Divorce?

A contested divorce occurs when spouses are unable to agree on one or more major issues related to the dissolution of their marriage. Unlike an uncontested divorce, where both parties are in agreement and the process is relatively straightforward, a contested divorce requires the intervention of the court to resolve the disputes. Common areas of contention include:

Division of Marital Property

Child Custody and Visitation

Child Support

Spousal Support (Alimony)

Other Issues

The Contested Divorce Process in Michigan

Contested divorces in Michigan follow a specific legal process that involves several stages. Understanding these steps can help you know what to expect and better prepare for your case.

Filing the Divorce Complaint

Service of Process

Answer and Counterclaim

Discovery

Mediation or Settlement Negotiations

Pre-Trial Conferences and Hearings

Trial

Final Judgment of Divorce

How Long Does a Contested Divorce Take in Michigan?

The timeline for a contested divorce in Michigan can vary widely depending on the complexity of the case and the level of conflict between the spouses. Generally, a contested divorce takes significantly longer than an uncontested one. On average, contested divorces can take anywhere from six months to over a year to resolve, especially if the case goes to trial.

What Factors Does the Court Consider in a Contested Divorce?

When making decisions in a contested divorce, the judge will consider several factors, particularly in areas like property division and child custody. Some of the factors include:

Why You Need an Experienced Contested Divorce Attorney

Given the complexities and potential pitfalls of a contested divorce, having an experienced family law attorney is crucial. An attorney can:

Protect Your Rights

Guide You Through the Legal Process

Negotiate on Your Behalf

Present a Strong Case in Court

How Don E. Burch Can Help

At Don E. Burch, we understand the emotional and financial challenges of going through a contested divorce in Michigan. Our experienced team is dedicated to providing compassionate and aggressive representation to help you protect your rights and achieve the best possible outcome. Whether you’re facing disputes over property, custody, or support, we are here to guide you through every step of the process.

If you are considering a contested divorce or have questions about your rights, contact us today to schedule a consultation. We are committed to helping you navigate this difficult time with confidence and clarity.

Navigating the Complexities of Child Custody in Michigan

Wed, 26 Jun 2024 19:00:00 GMT

Navigating the Complexities of Child Custody in Michigan

Child custody matters can be emotionally charged and complex, especially when it comes to determining what is in the best interest of the child. In the state of Michigan, there are specific guidelines and laws that govern how child custody is determined. At Michigan Attorney Don E. Burch, we understand the challenges that families face during these difficult times and are here to provide guidance and support. In this blog post, we will explore how child custody is determined in Michigan and how our team can assist you through this process.
In Michigan, child custody is determined based on what is in the best interest of the child. The court will consider factors such as the emotional bond between the child and each parent, the ability of each parent to provide for the child’s physical and emotional needs, any history of abuse or neglect, and the child’s preference if they are old enough to express it. It is important to note that Michigan courts prefer to award joint custody whenever possible, as they believe it is in the best interest of the child to have a relationship with both parents.
When determining custody arrangements, there are two main types of custody to consider: physical custody and legal custody. Physical custody refers to where the child will live on a day-to-day basis, while legal custody pertains to decision-making authority regarding important aspects of the child’s life such as education, healthcare, and religion. Custody arrangements can vary depending on each family’s unique circumstances, so it is crucial to have a skilled attorney on your side who can advocate for your rights and interests.
At Michigan Attorney Don E. Burch, we have extensive experience handling a wide range of family law matters, including child custody cases. Our team understands that every family is different and requires personalized attention to achieve a positive outcome. We will work closely with you to assess your situation, explain your options under Michigan law, and develop a strategy that aligns with your goals for your children’s future.
If you are facing a child custody dispute in Michigan, it is essential to seek legal representation from an experienced attorney who can navigate you through this challenging process. Our team at Michigan Attorney Don E. Burch is dedicated to providing compassionate yet assertive advocacy for our clients during these difficult times. We will fight tirelessly on your behalf to ensure that your children’s best interests are protected throughout all stages of the legal proceedings.
Navigating child custody matters in Michigan can be overwhelming without proper guidance and support. At Michigan Attorney Don E. Burch, we are committed to helping families find amicable solutions that prioritize their children’s well-being above all else. If you are facing a child custody dispute or need assistance with any other family law matter in Michigan, do not hesitate to reach out to us for experienced legal representation tailored to your unique needs.

Understanding the Types of Assets That Can Be Included in Your Will

Fri, 31 May 2024 18:11:00 GMT

Understanding the Types of Assets That Can Be Included in Your Will

Creating a will is an essential part of estate planning, as it allows you to outline how you want your assets to be distributed after your passing. But what exactly can be included in a will? Many people are unaware of the different types of assets that can be included in a will, which is why we're here to provide some clarity on the matter. At Michigan Attorney Don E. Burch, we assist Michigan residents with their estate planning needs, including understanding what assets can be included in a will.
Real Estate: One of the most common types of assets that can be included in a will is real estate property. This includes any land or buildings that you own. In your will, you can specify who you want to inherit your real estate and how you want it to be divided among beneficiaries.
Personal Property: Personal property refers to items such as jewelry, furniture, vehicles, artwork, and other tangible possessions that you own. You can designate specific items to individual beneficiaries or provide instructions for how your personal property should be distributed among your loved ones.
Financial Assets: Financial assets encompass bank accounts, stocks, bonds, retirement accounts, and any other investments you may have. In your will, you can name beneficiaries for these financial assets and specify how they should be distributed.
Business Interests: If you own a business or have shares in a company, you can include these assets in your will as well. This allows you to determine who will inherit your business interests and how they should be managed after your passing.
Digital Assets: In today's digital age, it's important to consider including digital assets in your will as well. This includes online accounts such as social media profiles, email accounts, and digital files. You can specify who should have access to these accounts or how they should be managed after your passing.
Understanding the types of assets that can be included in a will is crucial for proper estate planning. By working with an experienced attorney like Don E. Burch, Michigan residents can ensure that their wishes are carried out effectively and efficiently after their passing. Whether it's real estate property, personal belongings, financial assets, business interests, or digital assets – there are various types of assets that can be included in a will to ensure that your loved ones are taken care of according to your desires. Don't wait until it's too late – start planning for the future today with the help of Michigan Attorney Don E. Burch.

Understanding the Consequences of Being Convicted on Felony Charges in Michigan

Thu, 25 Apr 2024 15:18:00 GMT

Understanding the Consequences of Being Convicted on Felony Charges in Michigan

Facing felony charges in Michigan can be a daunting and overwhelming experience. The consequences of being convicted on felony charges can have long-lasting impacts on your life, including affecting your ability to find employment, housing, or even attend certain educational institutions. At Michigan Attorney Don E. Burch, we understand the seriousness of these charges and are here to provide legal assistance to individuals facing felony charges in Michigan.
The consequences of being convicted on felony charges in Michigan can vary depending on the specific circumstances of your case. In general, a felony conviction can result in significant fines, probation, community service, and even imprisonment. Additionally, individuals convicted on felony charges may lose certain civil rights, such as the right to vote or own firearms. These consequences can have a profound impact on your future opportunities and quality of life.
Furthermore, a felony conviction can also affect your employment prospects. Many employers conduct background checks on potential employees, and a felony conviction may disqualify you from certain job opportunities. This can make it difficult to support yourself and your family financially. Additionally, some professions require individuals to have a clean criminal record, meaning that a felony conviction could prevent you from pursuing certain career paths.
In addition to these immediate consequences, being convicted on felony charges can also have long-term effects on your personal life. For example, individuals with felony convictions may struggle to find housing due to restrictions imposed by landlords or property management companies. This can lead to instability and insecurity in where you live.
Moreover, being convicted on felony charges can also impact your ability to pursue higher education. Many colleges and universities consider an applicant's criminal history during the admissions process, and a felony conviction could potentially prevent you from attending certain institutions or receiving financial aid. This can hinder your ability to further your education and advance in your chosen field.
In conclusion, the consequences of being convicted on felony charges in Michigan are serious and far-reaching. From affecting your employment prospects to hindering your ability to secure housing or pursue higher education, a felony conviction can have lasting impacts on every aspect of your life. If you are facing felony charges in Michigan, it is crucial to seek legal assistance from experienced attorneys like those at Michigan Attorney Don E. Burch who can help navigate the complexities of the legal system and work towards achieving the best possible outcome for your case.

Understanding Chapter 7 Bankruptcy and Dischargeable Debts in Michigan

Wed, 27 Mar 2024 15:47:00 GMT

Understanding Chapter 7 Bankruptcy and Dischargeable Debts in Michigan

Filing for bankruptcy can be a daunting process, but it can also provide much-needed relief for individuals drowning in debt. Chapter 7 bankruptcy is a common option for those looking to eliminate their debts and start fresh. However, not all debts are dischargeable under Chapter 7. In this blog post, we will discuss which debts can be discharged in Chapter 7 bankruptcy, with a specific focus on student loans in Michigan.
In general, Chapter 7 bankruptcy allows individuals to discharge most unsecured debts, such as credit card debt, medical bills, and personal loans. These debts are typically wiped clean once the bankruptcy process is complete, giving the filer a chance to start over financially. However, there are certain types of debts that cannot be discharged in Chapter 7 bankruptcy. These include child support payments, alimony obligations, certain tax debts, and student loans.
When it comes to student loans, the rules regarding discharge ability are particularly strict. In most cases, student loans cannot be discharged in bankruptcy unless the debtor can prove that repaying the loan would cause undue hardship. This standard is difficult to meet and requires a separate legal proceeding known as an adversary proceeding. While it is possible to have student loans discharged in bankruptcy under certain circumstances, it is not guaranteed.
If you are considering filing for Chapter 7 bankruptcy in Michigan and have significant student loan debt, it is important to consult with an experienced bankruptcy attorney like Don E. Burch. Our team can review your financial situation and determine the best course of action for dealing with your student loans. Whether that means pursuing an adversary proceeding or exploring other options for managing your debt, we are here to help.
In addition to student loans, there are other types of debts that may not be dischargeable in Chapter 7 bankruptcy. These can include secured debts like mortgages or car loans if you wish to keep the collateral associated with these loans. It's important to understand which debts can be discharged and which cannot before proceeding with a Chapter 7 bankruptcy filing.
Navigating the complexities of Chapter 7 bankruptcy can be challenging, especially when it comes to determining which debts can be discharged. If you live in Michigan and are struggling with overwhelming debt, don't hesitate to reach out to Michigan Attorney Don E. Burch for assistance with your bankruptcy matters. We have the knowledge and experience necessary to guide you through the process and help you make informed decisions about your financial future.

Understanding Probate in Michigan: How long does it take and how can an attorney help?

Mon, 19 Feb 2024 20:28:00 GMT

Understanding Probate in Michigan: How long does it take and how can an attorney help?

Probate is the legal process of distributing assets and property to beneficiaries after someone passes away. In Michigan, this process can take anywhere from a few months to over a year, depending on various factors. It is not uncommon for people to have questions about probate, especially if they are going through it for the first time. In this blog post, we will discuss how long probate takes in Michigan, why it might take longer than expected, and how an attorney can help you navigate the process.

How long does probate take?

Probate in Michigan can take anywhere from a few months to over a year. The duration of probate depends on several factors, including the size of the estate, whether there are any disputes over the will or assets, and whether there are any outstanding debts or taxes owed by the deceased person. Typically, smaller estates with no complications can be settled within six months.

Why might it take longer than expected?

Several factors could cause probate to take longer than expected. One common reason is disputes between family members over assets or disagreements about the validity of a will. Another reason could be complications with selling real estate or other valuable assets that need to be appraised and sold before distribution.

How can an attorney help?

An experienced probate attorney can help you navigate the complex legal process of probate and ensure that everything is handled efficiently and effectively. An attorney can advise you on issues like filing deadlines, tax obligations, creditor claims, and resolving any disputes that may arise during the process.
At Michigan Attorney Don E. Burch, our team has extensive experience helping clients navigate probate proceedings in Michigan courts. With our guidance and expertise, we can help you avoid common pitfalls and minimize delays so that probate proceeds as smoothly as possible.

What is the role of an attorney in probate?

An attorney can help you with a range of probate-related tasks, including filing the necessary paperwork with the court, representing you in court hearings, advising you on tax and debt matters, negotiating with creditors or other parties involved in the estate, and helping you distribute assets to beneficiaries.
Probate can be a complex and lengthy process, but with the right guidance and support from an experienced probate attorney, you can navigate it with confidence. At Michigan Attorney Don E. Burch, we have helped countless clients in Michigan successfully navigate probate proceedings and achieve positive outcomes for their families. If you need assistance with probate matters in Michigan or have questions about the process, contact us today to schedule a consultation.

Weapon Charges Defense Attorney: Protecting Your Rights in Michigan

Tue, 30 Jan 2024 22:31:00 GMT

The Seriousness of Weapon Charges

Weapon charges in Michigan carry severe consequences that can impact your life in significant ways. Whether you're facing charges related to illegal possession, concealed carry violations, or even assault with a deadly weapon, it's essential to take these charges seriously. The potential penalties include hefty fines, probation, jail time, and a permanent criminal record, which can affect your employment prospects, housing options, and personal relationships.

The Role of a Weapon Charges Defense Attorney

When facing weapon charges, having an experienced defense attorney by your side can make all the difference. Here are some crucial ways they can assist you:

1. Expert Legal Knowledge and Guidance

A weapon charges defense attorney specializes in Michigan's firearm laws and possesses in-depth knowledge of the legal system's intricacies. They will evaluate your case, identify any potential defenses, and provide sound legal advice tailored to your specific situation. Their expertise ensures that you understand the charges against you and the possible outcomes, allowing you to make informed decisions throughout the legal process.

2. Protection of Your Rights

One of the primary roles of a defense attorney is to protect your constitutional rights. They will ensure that law enforcement and prosecutors have followed proper procedures and that no evidence was obtained unlawfully. If your rights were violated during the arrest, search, or interrogation process, your attorney will aggressively pursue the exclusion of such evidence from your case.

3. Building a Strong Defense Strategy

A weapon charges defense attorney will meticulously examine the evidence against you, seeking any weaknesses or inconsistencies that can be used to challenge the prosecution's case. They will gather additional evidence, interview witnesses, and consult with experts if necessary to build a robust defense strategy tailored to your circumstances. This may involve presenting alternative explanations, asserting self-defense, or challenging the credibility of prosecution witnesses.

4. Negotiating with Prosecutors

In many cases, a skilled defense attorney can negotiate with prosecutors to secure a favorable outcome. They will leverage their knowledge of the law, familiarity with the local courts, and relationships with prosecutors to explore potential plea agreements, reduced charges, or alternative sentencing options. While every case is unique, having an attorney who can skillfully navigate these negotiations is essential to achieving the best possible outcome.

5. Representation in Court

If your case proceeds to trial, a weapon charges defense attorney will vigorously advocate on your behalf in the courtroom. They will cross-examine witnesses, present evidence, and deliver persuasive arguments to challenge the prosecution's case. Their goal is to cast reasonable doubt on the charges against you, ultimately securing an acquittal or minimizing the penalties you may face.

The Importance of Acting Swiftly

When facing weapon charges, time is of the essence. It's critical to consult with a defense attorney as soon as possible to ensure the preservation of evidence, protect your rights during police questioning, and begin building a strong defense strategy. Waiting too long to seek legal representation can jeopardize your case and limit the available defense options.

Choose an Experienced Weapon Charges Defense Attorney

When your future is at stake, you deserve the best possible defense. Look for a weapon charges defense attorney with a proven track record, experience in Michigan's firearm laws, and a commitment to protecting their clients' rights. Schedule a consultation to discuss your case, ask questions about their experience and approach, and ensure they are the right fit for your needs.

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If you're facing weapon charges in Michigan, enlisting the help of a skilled defense attorney is essential to protect your rights, navigate the legal system, and achieve the best possible outcome. Their expertise, guidance, and tenacity will ensure that you have a robust defense strategy tailored to your unique circumstances. Remember, you don't have to face these charges alone. Take action today and secure the strong legal representation you deserve.

Criminal Convictions and Employment: What Employers can Ask in an Interview

Thu, 21 Dec 2023 01:25:00 GMT

When it comes to employment, a criminal conviction can be a significant obstacle for candidates. Many employers are concerned about potential risks and liability, particularly related to sensitive positions or those that involve direct interaction with clients or the public. However, the question of what employers can ask about criminal convictions during the hiring process is not always clear-cut. As an expert in employment law, I am often asked by clients: What can an employer ask in an interview? The answer depends on various factors, including your location, the position you are seeking, and other legal considerations.

In this blog post, we'll explore the topic of criminal convictions and employment in Michigan. We'll tackle common questions such as whether or not an employer is allowed by law to ask about your criminal convictions, if you are required to disclose that information, how the employer can use your criminal history when making hiring decisions, and how an attorney can help you navigate this complex terrain.

What can an employer ask in an interview?

Employers in Michigan are limited in their ability to ask candidates about criminal convictions. Under the Michigan Handgun Act, employers cannot ask job applicants whether they have a conviction for a minor marijuana offense. Additionally, the Michigan Civil Rights Commission has offered guidelines that state an employer should not ask applicants about convictions until the applicant has received a conditional offer of employment. At that point, the employer can ask about felony convictions, but not misdemeanor or traffic violations.

Is your employer allowed to ask?

The answer to this question depends on which state you are in. In Michigan, employers are allowed to ask about criminal convictions, but they are limited in the types of convictions they can inquire about and when they can do so (as noted above). Failure to comply with these limitations can lead to discrimination lawsuits.

Are you required to disclose that information?

If an employer in Michigan asks you about your criminal convictions, you are generally required to disclose that information truthfully. However, if the employer is asking about misdemeanor or traffic violations, you can answer "no." This is not true for job applications in Michigan City, where you must disclose even minor traffic violations.

How can the employer use that information?

Employers in Michigan are generally forbidden from using your criminal history as an automatic reason not to hire you. Instead, they must weigh several factors, including the nature of the offense, when it occurred, and its relation to the job. Typically, employers must have a legitimate business reason for denying someone employment based on their criminal history. Your attorney may be able to help identify if your employer is assessing your criminal history in this way.

How can an attorney help me?

An attorney can help you navigate the complex legal terrain surrounding the use of criminal convictions in employment decisions in Michigan. If you have a criminal history, getting an attorney involved early in the hiring process can help ensure that you are not unfairly denied employment and that your rights are protected. Additionally, if you have faced discrimination in the hiring process due to your criminal history, an attorney can help you file a complaint.

If you have a criminal history and are seeking employment in Michigan, there are limitations to what an employer can ask and how they can use that information. By understanding your rights and working with an attorney who is well-versed in employment law, you can help protect yourself from discrimination and unfair treatment during the hiring process. Always remember to be honest, but also to be informed about your rights, and don't be afraid to seek legal advice if you need it.

The Importance of Hiring a Bankruptcy Attorney in Chapter 13 Cases

Wed, 01 Nov 2023 01:42:00 GMT

Filing for bankruptcy can be an overwhelming process, especially when navigating through the complex and confusing legal system. In chapter 13 cases, it is essential to have a bankruptcy attorney by your side to ensure that all your legal proceedings run smoothly. While anyone can file for chapter 13 bankruptcy without an attorney, having legal representation can make all the difference in the outcome. In this blog post, we'll discuss the primary role of a bankruptcy attorney in chapter 13 cases and why you should hire one when filing.

1. Ensure Eligibility: Chapter 13 bankruptcy is not available to every debtor, and an attorney can help determine if you are eligible for chapter 13 bankruptcy. Your attorney will analyze your debts, income, and expenses and assist you in creating a feasible repayment plan. If your financial circumstances do not meet chapter 13 requirements, your attorney may suggest other options, such as chapter 7 bankruptcy.

2. Legal Guidance: The bankruptcy process involves a lot of legal proceedings, documentation, and court appearances. An attorney can guide you throughout the process, explaining the legal jargon, and ensuring that you are aware of your rights and obligations. Having an attorney by your side will give you the peace of mind that you are making informed decisions and that your legal rights are being protected.

3. Represent You in Court: A bankruptcy attorney can represent you in court-related matters and ensure that your case is appropriately handled. This representation includes filing court documents, negotiating with creditors, attending court hearings, and presenting arguments on your behalf. Your attorney can also answer questions from the bankruptcy trustee and provide evidence to support your case.

4. Help Avoid Mistakes: One significant advantage of having a bankruptcy attorney is that they can help you avoid making mistakes that could lead to the dismissal of your case. Dismissals often occur when debtors fail to follow court orders or provide the required information to the bankruptcy trustee. An attorney can ensure that you are following all necessary steps, preventing the dismissal of your case.

5. Speed Up the Process: Filing for bankruptcy can be a lengthy and time-consuming process. Hiring an attorney can help speed up the process by ensuring that paperwork is filed correctly and quickly. This is particularly important because the sooner you complete the process, the sooner you can begin rebuilding your credit.

Filing for bankruptcy is a complicated process that requires careful navigation through the legal system. Chapter 13 bankruptcies, in particular, are a complicated legal process. While it may be tempting to file for bankruptcy without legal representation to save money, hiring a bankruptcy attorney can make all the difference in the outcome. An attorney can help ensure eligibility, guide you through the legal process, represent you in court, and help you avoid making any mistakes that may result in the dismissal of your case. If you are considering filing for chapter 13 bankruptcy in Michigan, schedule a consultation with a bankruptcy attorney today. Their guidance and representation can help take the stress out of the filing process and provide you with peace of mind that you are making informed decisions.

The Legal Ins and Outs of White-Collar Crimes

Fri, 29 Sep 2023 14:29:00 GMT

White collar crimes, such as fraud and embezzlement, are threatening Michigan’s financial stability. The state has one of the highest rates of financial fraud in the U.S., with reports of fraudulent activities increasing year by year. Fortunately, the legal system is determined to tackle financial crimes, and the state has taken a hard stance on white-collar crimes. However, understanding how white-collar crimes are prosecuted can be complicated. In this blog, we’ll discuss the legal process for prosecuting white-collar crimes, the penalty for such offenses, and how an attorney can help you if you’re facing these charges.

White-collar crimes are often highly sophisticated and intricate, often carried out by individuals in positions of power or trust, and they can have devastating consequences on the individuals and organizations they harm. Due to the complexity of such crimes, the legal process for prosecuting them is often complicated.

Typically, the prosecution needs to establish the accused’s intent to commit the crime, as well as proving the act of committing the crime itself. Unlike other crimes, like assault or theft, the prosecution will usually need to present a substantial amount of evidence to prove the accused’s intent. This evidence may include emails or other communications, financial statements, and other documentation to prove that the accused had the intention to commit the crime.

Determining the penalty for white-collar crimes can vary depending on the severity and complexity of the offense. In Michigan, the severity of white-collar crimes are considered by two main criteria; the financial loss incurred, and the nature of the crime carried out. Thus, a few mitigating circumstances or a minimal financial loss may lead to a misdemeanor charge. On the other hand, larger financial losses and severe crimes may lead to a felony charge. Aside from possible prison terms, the offender could also be subjected to a significant fine.

Having an experienced attorney by your side can help you combat white-collar crime charges and navigate the legal system professionally. A reputable attorney can help you better understand your options and devise a strategy to help you minimize your legal exposure. Also, a good attorney will be able to pick apart the prosecution’s evidence to argue the intent to commit the crime wasn’t evident beyond a reasonable doubt.

Prosecuting white-collar crimes can be a complicated process, with many different factors to consider before arriving at an appropriate penalty. Having an experienced attorney can make a tremendous difference in understanding the prosecution process and diminishing your legal exposure. If you’re facing white-collar crime charges, reach out to a qualified attorney for professional advice and representation. They can guide you through the legal process and help you fight these charges effectively. don't hesitate to contact us today to get started.

Understanding Misdemeanors

Thu, 31 Aug 2023 13:51:00 GMT

Have you ever heard the term misdemeanor before? If so, you may be wondering what it means. A misdemeanor is a type of criminal offense that is considered less serious than a felony. However, that doesn't mean that misdemeanors are not punishable or that they don't have serious consequences. As a Michigan resident, it's important to understand what a misdemeanor is, how it is classified, and what the penalties can be if convicted.

1. What is a Misdemeanor?

A misdemeanor is a type of criminal offense that is considered less serious than a felony. Examples of misdemeanor offenses include petty theft, disorderly conduct, minor drug offenses, and assault. One of the main differences between a misdemeanor and a felony is the level of punishment. Felonies are punishable by long-term imprisonment, while misdemeanors can be punished with short-term sentences, fines, or community service.

2. Different Types of Misdemeanors in Michigan

Michigan divides misdemeanors into three different categories based on the severity of the offense. These categories are:

- Class A Misdemeanors: These are the most serious misdemeanors and are punishable with up to one year in jail and fines of up to $2,000. Examples of class A misdemeanors include DUI and domestic violence.

- Class B Misdemeanors: These are considered less serious than class A misdemeanors and are punishable with up to 90 days in jail and fines of up to $500. Examples of class B misdemeanors include prostitution and possession of marijuana.

- Class C Misdemeanors: These are the least serious misdemeanors and are punishable with up to 30 days in jail and fines of up to $250. Examples of class C misdemeanors include disorderly conduct and trespassing.

3. Penalties for a Misdemeanor

The penalties for a misdemeanor conviction can vary widely depending on the severity of the offense. In addition to imprisonment and fines, other common penalties for misdemeanors include probation, community service, and mandatory counseling or treatment. Misdemeanor convictions can also have other serious consequences, such as a criminal record that can impact your ability to find employment or housing.

4. Hiring a Criminal Defense Attorney

If you have been charged with a misdemeanor in Michigan, it's important to seek the guidance of a criminal defense attorney. An experienced attorney can help you understand the charges, assess your options, and develop a strong defense strategy. With the right representation, you may be able to avoid conviction, minimize the penalties, or negotiate a plea bargain.

5. Importance of Understanding Misdemeanors

Understanding what a misdemeanor is, how it is classified, and what the potential consequences are can help you make informed decisions and avoid situations that could lead to criminal charges. If you are charged with a misdemeanor, knowledge is power. The more you understand about your charges and your legal options, the better equipped you will be to make informed decisions and protect your rights.

Misdemeanors are a less serious type of criminal offense than felonies. They can be classified into different categories based on their severity and can result in a range of penalties, including imprisonment, fines, and loss of civil liberties. If you are facing misdemeanor charges in Michigan, it's important to seek the guidance of an experienced criminal defense attorney and understand your legal options. With the right representation, you may be able to minimize the consequences of your charges and move on with your life.

What Happens If You Die Without a Will in Michigan: Things You Need to Know

Wed, 05 Jul 2023 00:00:00 GMT

What Happens If You Die Without a Will in Michigan: Things You Need to Know

Death is inevitable, but it does not have to leave your family and loved ones with chaos and confusion when dealing with your assets. A valid will is an essential document that outlines how your assets should be distributed in the event of your death. Unfortunately, roughly 76% of Americans do not have a valid will. If you are among the majority, you might have several questions about what happens to your assets after your demise. This article aims to answer your questions about dying without a will in Michigan, including the steps your heirs will take and how to avoid the potential consequences.
Dying without a will is referred to as dying intestate, and the Michigan probate laws will govern how your estate is distributed. Upon your demise, the probate court will appoint an estate administrator to manage the estate. The administrator will distribute the assets according to the intestacy laws, which prioritize relatives in a specific order. The first priority is the surviving spouse and children; if none, the assets will go to the parent(s), siblings, and other living relatives.
The process of distributing the assets can be slow and costly. The court process of appointing the administrator and hearing the case may take months or even years, stretching legal fees, and adding to the stress of your loved ones. Importantly, the court does not know whether your appointed administrator is the one whom you believed was the right person for the job. They will be appointed solely through court appointment, and it may not sit well with your family.
The other significant drawback of dying without a will is losing control of how your assets will be distributed. Michigan's intestate laws may not reflect your preferences, and your assets might go to someone you did not intend to give any or more than you would have given to someone else. For instance, if you die without a will, and your spouse survives you, your estate may not go entirely to them as expected, given that children from a previous marriage might also be entitled to a share. This can lead to unexpected family conflicts and disagreements, which can be emotionally draining for your family.
The best way to avoid these potential consequences is by having a valid will in place. A will allows you to appoint a personal representative of your choice to manage your estate, instead of someone that the court chooses. It also ensures your assets are distributed as per your preference and not based on the state's predetermined laws. A valid will provides clarity, certainty, and peace of mind that your estate will be handled in a way that reflects your wishes after your demise.

Dying without a will in Michigan can lead to potential problems for your loved ones. The process can be time-consuming and costly, and the probate court may distribute assets differently than you would have preferred. To avoid these consequences, talk to an expert estate planning attorney in Michigan such as Scott Marshall Neuman PC, to help you prepare a valid will that reflects your wishes. A valid will provides clarity and peace of mind for you and your loved ones, ensuring that assets are distributed to the right people in the right way. It is never too early to start, and you want to be sure your wishes are respected.

Understanding Chapter 7 Bankruptcy - Is it the Right Choice for You?

Thu, 18 May 2023 16:35:00 GMT

Understanding Chapter 7 Bankruptcy - Is it the Right Choice for You?

The burden of overwhelming debt can be crippling, leaving individuals and families feeling as though they are drowning in a sea of financial uncertainty. In such a scenario, it is important to understand how chapter 7 bankruptcy can help alleviate the stress of debt. While many people view bankruptcy as a last resort, it can actually be a viable way to regain financial stability and a fresh start. The purpose of this blog is to provide an introduction to chapter 7 bankruptcy, its benefits, and its potential impact on your employment. Additionally, we will introduce our law firm, Scott Marshall Neuman PC, which can provide Michigan residents with expert assistance in bankruptcy matters.

Understanding Chapter 7 Bankruptcy

Chapter 7 bankruptcy, also known as liquidation bankruptcy, allows individuals to discharge most or all of their unsecured debt such as credit card debt, medical bills, and personal loans. This type of bankruptcy is available to people who pass a means test, demonstrating that their income is lower than their state's median income levels. Chapter 7 bankruptcy does not require a payment plan, and the process usually takes between 3-6 months.

Benefits of Filing for Chapter 7 Bankruptcy

Filing for chapter 7 bankruptcy carries numerous benefits, including an immediate halt to creditor actions such as harassing phone calls, lawsuits, foreclosures, and wage garnishments. Debts that are discharged through chapter 7 bankruptcy are permanently canceled, allowing individuals to start over with a clean slate. Upon filing, all collections, foreclosures, lawsuits, and wage garnishments must stop, providing immediate relief and the chance to rebuild your finances again. Finally, chapter 7 bankruptcy waives legal responsibility for debts such as credit cards and medical bills, allowing you to begin again.
Filing for Chapter 7 Bankruptcy is the Best Option for Individuals Facing Overwhelming Debt If you are facing overwhelming debt with no real possibility of repayment, filing for chapter 7 bankruptcy is a great option to consider. It provides an opportunity to eliminate unsecured debt, avoid wage garnishments and stop collections. Because it is designed for people who cannot pay their debts, it can also help avoid bankruptcy.

Will Filing for Chapter 7 Bankruptcy Affect My Job?

Many people wonder if filing for bankruptcy will affect their employment or future job prospects. The good news is that in most instances, filing for chapter 7 bankruptcy will not negatively affect your employment or current job position. Employers are not notified when an employee files for bankruptcy, nor can an employer terminate someone or refuse to hire someone solely because that individual filed for bankruptcy.

Although chapter 7 bankruptcy should not be viewed as a first resort, it can be a lifesaving tool when you face overwhelming and unmanageable debt. By contacting Scott Marshall Neuman PC, an experienced Berkeley chapter 7 bankruptcy lawyer, you’ll get great legal insight for all the steps involved in filing for bankruptcy. We provide informed legal counsel and can assist with all bankruptcy matters. Whether you’re facing overwhelming debt, wage garnishments, or creditor harassment, we’ve got you covered. Start your journey toward a brighter financial future today with the guidance of Scott Marshall Neuman PC. Contact us today and schedule a consultation.

Know the Difference between Simple and Aggravated Assault in Michigan

Tue, 11 Apr 2023 13:15:00 GMT

Know the Difference between Simple and Aggravated Assault in Michigan

Assault is a criminal offense that can lead to serious consequences such as imprisonment, fines, and permanent records. In Michigan, there are two types of assault: simple assault and aggravated assault. Both types involve the intentional attempt to inflict harm or injury upon another person, but there are differences between the two. In this blog post, we'll explore the distinctions between simple and aggravated assault, examine examples of each, and discuss the potential consequences of both.

Simple Assault

Simple assault is the less severe of the two types of assault charges. It typically involves an attempt to cause harm or injury to an individual. Simple assault may be charged as a misdemeanor or a felony, depending on the severity of the crime committed. Some examples of simple assault include pushing or slapping someone, or throwing an object at another person with the intent to harm. These types of actions can result in jail time or fines up to $500.

Aggravated Assault

Aggravated Assault is a more serious offense than simple assault, typically involving the use of a weapon or the potential for serious bodily harm. Aggravated assault is considered a felony, and consequences can include imprisonment, fines, and permanent criminal records. Examples of aggravated assault include the use of a gun, a knife, a baseball bat, or another type of deadly weapon with the intent to cause serious bodily harm.

Consequences of Simple Assault

If you are convicted of simple assault, you could face a maximum of 93 days in jail and up to $500 in fines. You may also face probation, anger management classes, and restitution. A conviction for simple assault can result in a permanent criminal record, which can negatively affect employment opportunities, education, and housing.

Consequences of Aggravated Assault

Aggravated Assault is a felony crime, and a conviction can result in a prison sentence up to 10 years and substantial fines up to $5,000. If you have prior convictions, the penalties could be even more severe. The consequences of aggravated assault can impact many aspects of your life, including employment opportunities, financial stability, and social status.

It is important to know the differences between simple and aggravated assault charges in Michigan, as the potential consequences can be severe. If you or a loved one is facing assault charges, it is imperative to seek the guidance and support of an experienced attorney. At Scott Marshall Neuman PC, we understand the complexities of assault law and can provide legal assistance to individuals facing assault charges in Michigan. Don't wait until it's too late - contact our firm today to schedule a free consultation.

A Guide to Spousal Support in Michigan: What You Need to Know

Thu, 30 Mar 2023 21:29:00 GMT

A Guide to Spousal Support in Michigan: What You Need to Know

Divorce is never easy, especially when it comes to financial matters such as spousal support. In Michigan, spousal support is determined by several factors that the court takes into consideration. Understanding these factors and the calculation process is essential to ensure a fair and just outcome. If you're going through a divorce in Michigan and have questions about spousal support, this guide is for you. We have outlined the factors that courts consider during a Michigan divorce, how spousal support is calculated, what happens if you're unable to pay spousal support, and what options you have if your ex refuses to pay.

Factors Considered During a Michigan Divorce

In Michigan, the court takes the following factors into account when determining spousal support: the length of the marriage, the age and health of both parties, the earning capacity of both parties, and the standard of living established during the marriage. The court may also consider any other factors it deems relevant to the case. These factors can play a significant role in determining the amount and duration of spousal support.

How Spousal Support is Calculated

In Michigan, the calculation of spousal support is based on the Michigan Spousal Support Formula. This formula takes into account the income of both parties and the length of the marriage. The formula produces a guideline, which can help the court determine the amount and duration of spousal support. However, the court may deviate from the guideline if it believes that the result would be unfair or unjust. It's important to note that while the guideline determines spousal support, the court ultimately has the final say.

What Happens if You're Unable to Pay Spousal Support

If you're unable to pay spousal support, the court may take legal action against you. This can include wage garnishment, asset seizure, or even imprisonment. If you're experiencing financial hardship, it's important to seek legal assistance immediately. An experienced attorney can help you negotiate with the court and avoid legal consequences.

Options if Your Ex Refuses to Pay Spousal Support

If your ex refuses to pay spousal support, there are legal options available. You can petition the court to enforce the spousal support order or modify the order if your ex's financial situation has changed. An experienced attorney can also help you negotiate with your ex to reach a mutually agreeable solution outside of the court.

Spousal support can be a contentious issue during a divorce in Michigan. However, understanding the factors that courts consider, the calculation process, and legal options can help you navigate this difficult situation. At Scott Marshall Neuman PC, we have the experience and expertise to assist you with all aspects of a Michigan divorce. Contact us today to schedule a consultation and ensure that your rights and interests are protected.

Understanding the Probate Process

Wed, 11 Jan 2023 17:19:00 GMT

Understanding The Probate Process

Probate is the legal procedure applied to an estate when someone passes away. During this proceeding, a court determines how the estate is distributed and the proper heirs. Probate is always easier when people have a will or living trust, as these documents clearly list the beneficiaries, name the executor, and define the wishes of the deceased party. While probate proceedings are not usually expensive or prolonged, a number of complexities can arise during the process.

If you want to connect with a probate lawyer in Michigan, please contact our legal experts today.

What is probate?

Probate is a court-supervised proceeding that involves the authentication of several parties and the assessment of numerous assets. First and foremost, assuming it exists, the will or living trust of the deceased party will be authenticated. Next, the executor of the estate will be approved, with this person charged with overseeing the final wishes of the deceased party.

During the probate process, all of the assets linked to the deceased person must be located and assessed for their true and total value. Taxes and debts are paid before the remaining value of the estate is distributed to inheritors. In most situations, the probate process involves lots of paperwork with little court supervision. However, when family members or creditors are not in agreement, problems can arise.

There are two probate categories:

Informal probate is a relatively simple administrative proceeding which has been adopted by some states under the Uniform Probate Code (UPC). Among other things, informal probate requires access to the original will and death certificate. This process is relatively simple and fast.
Formal probate is a court hearing that involves large estates or more complex cases. Formal probate may occur due to an unclear will or when someone objects to informal probate. Formal cases can be initialized based on the size of the estate, which differs considerably between states.

Does a will or living estate influence probate?

When a will exists, the probate process still occurs, although it's usually over rather quickly. When a will does not exist, inheritance needs to be determined through the probate court. When a living trust exists, any assets placed into this trust will bypass the probate process.

Along with assets defined in trusts, some property types pass outside the probate process automatically. This includes life insurance and retirement plan proceeds, and it also includes real estate, bank, and brokerage accounts held in joint names with the right of survivorship. In addition, items listed as POD (payable on death) or TOD (transfer on death) also bypass probate when a noted beneficiary is listed. These items may include bank accounts, retirement accounts, stocks, and vehicles, along with real estate assets in certain states.

When does the probate court get involved?

As mentioned above, the probate court becomes relevant in any situation where there is no will. The court has two distinct obligations: to make sure the wishes of the deceased person are carried out and to ensure all financial and other obligations are taken care of. The court oversees the probate process, interprets all relevant documents, and acts in a supervisory role.

The following issues always go through the probate process, regardless of the estate plan:

Inheritance, where the beneficiary predeceases the giver.
Non-titled property or assets without paperwork.
Partner-owned investment property
Sole-ownership property.

How probate laws differ between states

Probate laws vary between states, so it's a good idea to consult with an attorney based on the details of your case. Depending on your location, you may need to determine whether a probate proceeding is necessary and what specific reports must be prepared. States vary widely based on the size of property thresholds and degree of oversight, which can impact the speed of the process and how the executor takes action.

The steps of the probate process

The timeline for probate cases varies widely, from a few months to several years. The size of the estate has a huge influence on the timeline, as do court objections, asset sales, and financial rules regarding creditors and claims.

The following chronological steps are accurate for most probate cases:

A petition is filed with the court
The executor gets a probate bond
Creditors are given notice
An inventory of all assets is taken
All estate taxes are paid
The remaining estate is distributed

The probate process is very common, with personal assets needing to be authenticated and validated every time someone passes away. While this process can seem complex and long-winded, most cases are relatively simple and quick to resolve. If you want to avoid probate for your own estate, you can set up a living trust or transfer some of your assets prior to death to avoid complexities.

If you want to connect with a probate lawyer in Michigan , please contact our legal experts today.

How Bankruptcy can Help you Start Over in the New Year

Tue, 10 Jan 2023 21:19:00 GMT

The New Year is a great time to turn over a new financial leaf and make lasting changes. As the year draws to a close, it’s a good time to review your finances and consider ways to make improvements. However, when you are burdened with unmanageable debts, getting a fresh start and working towards the future can be daunting. When debt is holding you back from your new beginning, bankruptcy may be the right solution. Here are some ways bankruptcy can help you start over in the New Year:

Filing for Bankruptcy can be a Relief

Deciding to file for bankruptcy can be intimidating but after the process begins you are the road to resolving your debts and developing better financial habits. For those who qualify, filing under Chapter 7 will permit the debtor to discharge all of their qualifying debts. Individuals who file under Chapter 13 will enter into a repayment plan to satisfy their obligations. Taking this definitive step to deal with your debts can help relieve the stress which comes from not being able to pay your bills.

The Automatic Stay can Help You Re-group

As soon as you file for bankruptcy the automatic stay goes into effect. This is important because the stay will stop most creditors from trying to collect on the debts you owe them. Additionally, the automatic stay may be able to stop an eviction, foreclosure, or repossession action. Having a chance to focus on your bankruptcy without having to fend off debt collection can help you get the clarity you need to assess your situation and develop your long-term financial plan.

Once you file for Bankruptcy, You Can Start Over

Filing under Chapter 7 can mean being done with your case in just a few months. Chapter 13 repayment will take 3 to 5 years to complete. Under both options, once the process is initiated, you can begin making choices which support your future. A positive first step is creating a reasonable and realistic budget for yourself. By outlining your income and expenses, you can see what you have to work with and structure a plan to live within your means and avoid taking on new debts.

We have knowledge and experience helping clients achieve a fresh start through bankruptcy and can help. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Recovering from Overspending After the Holidays

Tue, 10 Jan 2023 21:14:00 GMT

The holiday season provides ample opportunities to take on excess debt. It can be all too easy to get carried away with purchasing the perfect gifts or buying the right décor or tickets to special events. When January comes, many find themselves with significantly less savings and holding credit cards bills which make them cringe. While it can be disheartening to see the damage, it is possible to recover from overspending after the holidays.

Face the Facts

The first step to take is to get an accurate picture of how much you have overspent. Once you know the figure examine the purchases which brought you to that total. Were some of these routine expenses which you had to charge because you lacked funds? Were they mostly due to holiday costs? The more you know about the amount and how you got to this point the more you can do to prevent similar patterns in the future.

Make a Plan

In order to tackle your holiday debt, you have to know what resources are going to be available. By creating a detailed and thorough budget, you can fully consider your income, expenses, savings, and anticipated household expenditures. Identify extra money you can devote to reducing your debt and map out how long it will take to repay.

Be Consistent

Much like being on a diet, living according to a budget is all about sticking to it over the long-term. If you are inconsistent in your debt repayment and savings, you could easily find yourself in worse shape than when you began. Commit to your plan and remain constant.

Look for Ways to Save

Overspending during the holidays can mean carrying so much debt that you will not be able to get caught up without extra income or cost-saving measures. Examine your expenses and evaluate whether you can do anything to have more money left over each month. For instance, if you have a monthly gym membership and don’t use the facility you could cancel it in favor of a walking program and apply the savings to debt or savings.

While many of us have spent more than intended over the holidays, with sound planning it is possible to recover. However, sometimes holiday spending is part of a more substantial debt burden which has become too difficult to manage. If you need help understanding your debt management options we can help. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Who Gets the House in a Divorce?

Mon, 19 Dec 2022 19:43:00 GMT

Who Gets the House in a Divorce in Farmington Hills, Michigan?

For many couples going through a divorce, the home they lived in together — specifically which partner will "keep" it — is one of the central, divisive issues. The house is usually the most valuable asset from the marriage, and the parties may have different ideas about whether it should be sold (and the proceeds divided) and how much it is worth.

There are a number of factors that affect what ultimately happens to the house. This is what you need to know.

What Happens to the Matrimonial Home?

The usual outcomes with respect to the house tend to be as follows:

The house is sold . The proceeds will then be divided between the spouses.
One party becomes the sole owner of the house. The spouse who wants to keep the house will "buy out" the other spouse's interest. This person may need to refinance the house if there is a mortgage.
The parties agree to co-ownership of the house. This could be because they agree to defer the sale of the property (for example, if they want to wait until the kids finish school before they put the house up for sale).

Who Decides Which Party Gets the House?

Ideally, the two ex-spouses can approach the matter fairly and amicably and agree on what will happen to the house. In many cases, however, especially where the break-up is acrimonious or there is a power imbalance between the parties, negotiations can be drawn out. When there is no agreement, the court will assess the full financial situation and marital history and make the decision.

Equalization of Marital Property

When a couple divorces, the marital property is divided between them. In many cases — the simplest ones — it works out to 50-50. If the spouses bought the home together during the marriage, for example, each of them could be entitled to 50% of the equity/value of the house. Some states, however, follow community property rules (the spouses own marital property equally), and others follow the principles of equitable distribution (marital property is split fairly but this may not be 50-50).

Ownership of the House

Sometimes, the house belongs to one party prior to the marriage and the other party moves in. If they live in the house together during the marriage — and especially if the spouse who moved in starts contributing to its upkeep and/or mortgage — the house will be seen as a marital asset. If, however, the one who owned the house prior to the marriage takes specific steps recognized in that state to make the house a separate asset, that person may end up keeping the house.

In a lot of divorce cases, one spouse will agree to greater interest in another asset (such as a business) and "give up" their entitled interest in the matrimonial home. Alternatively, one party may allow the other to buy out their interest in the house with cash or cash equivalent.

Value of the House

Even if the parties agree on what should happen to the house in Farmington Hills, Michigan, they may not agree on how much the house is worth. There is usually a strategic reason a spouse wants it to be valued higher or lower — because it will affect the property equalization numbers. The spouse that wants to keep the house may want to say it is worth less so that they can receive a higher share of other property. The one that wants to sell it may want to say it is worth more so that they don't have to give up as much of the other property share to the other person.

The best way to figure out how much the matrimonial house is worth is to have a formal appraisal done. Sometimes each side will have an appraisal done and the court will examine both of them.

Factors Determining What Happens to the House

The court will look at what both parties want and need. If one spouse wants to keep the house and the other wants to move out, it is a matter of figuring out a buy-out price and how the buy-out will occur. If both spouses don't want the house, the house will likely be sold. If both people want to keep the house, the biggest considerations will be whether there are children involved and whether it is financially viable.

If there are children of the marriage who would benefit from continuing to live in this house (school, community, support network), which parent has custody of the children? Is it shared custody? How is the time with the children divided between the spouses? Is one side financially better able to buy out the other spouse? This is based on the parties' respective ages, income, health, and other circumstances.

What If a Spouse Wants to Stay in the House During Divorce Proceedings?

The most common example of this is if the spouse with primary custody of the children wants to continue living there while the parties and the court work out the division of property. Understandably, preference will be given to the best interests of the children. If the other party has moved out, they may be entitled to an amount of "rent" from the one still living there. This amount will be factored into the final numbers.

In some cases, the parties will choose to "live separately under the same roof." This means that until everything is finalized, they will both continue living in the house, usually in separate rooms or areas of the house. Where there has been a history of domestic abuse or a significant imbalance of power between the spouses, the court will also be interested in making sure the abused person or "weaker" party is protected.

Why You Should Get Legal Advice About Your Matrimonial Home

Family and divorce law in Farmington Hills, Michigan can be complicated. Not only may emotions be charged between the parties, but you may not understand what factors are most important to a court when deciding what happens to the house. An experienced divorce/family lawyer can explain how your marital property will most likely be divided, what will be considered marital property, and how best to protect your legal interests. Contact our office today to find out what you're entitled to.

Understanding Your Right to Remain Silent

Mon, 28 Nov 2022 17:47:00 GMT

Understanding Your Right to Remain Silent

When facing law enforcement after being pulled over or approached on the street, you may not be sure how to proceed. This is further complicated if you find yourself detained – or even worse, placed under arrest.

In proper due process, you should be read your Miranda Warning when placed under arrest. This is when you are informed that “you have the right to remain silent.”

Did you know that you can also exercise this right in many cases before being arrested? This post will explain everything you need to know about what your right to remain silent entails, when you may be required to speak, and when to seek out a Michigan attorney for help.

When to Stop Talking (Hint: Right Now)

In almost every scenario, you can choose to remain silent whenever you are questioned by law enforcement. This holds true whether you have been read your Miranda Warning or not. This is part of the Miranda Rights, which were established by Miranda v. Arizona in 1966 .

Assuming you can only elect to remain silent after an arrest is a mistake many people make in initial police interactions. In fact, you do not have to answer questions while you are detained either.

To better understand why this is the case, you should also know the difference between being arrested and being detained.

Arrested means you are restricted from your freedom of movement. This is usually enforced through being handcuffed and taken to the police station for processing.
Detained means you are temporarily held and in custody for a short amount of time. Detention is warranted if police suspect you of criminal activity or if you may have information about a crime.

In either case, you are still legally entitled to exercise your right to remain silent. Whether you're simply being informally spoken to by a police officer or under controlled interrogations, silence is still within your legal rights.

The Right Way to Exercise Your Right to Remain Silent

During any encounter with law enforcement, it is advisable to proceed with caution and respect. This holds true despite any personal feelings or sentiments you may hold about police – or whether you feel the stop was justified.

The same concept of caution and respect carries over into the exercising of your right to remain silent. There is, in fact, a right and wrong way to exercise this right.

Wrong Way: No Talking, Shutting Down and Refusing to Interact, Anger and Hostility and Vitriolic Words

Expressing frustration or hostility toward any law enforcement will likely escalate the situation. Remember the human element of police officers. Like you, they likely do not prefer to interact with people who are rude or openly hostile to them.

Similarly, just shutting your mouth and refusing to acknowledge anything an officer says to you is not the right course of action. An officer may not be able to confirm that you understand a command or recognize whether you’re being detained or arrested. And complete, total silence does not always communicate that you do want to express your right to stay quiet.

Right Way: Slow, Clear Movements, Showing Your Hands, Expressing Your Intentions, Remaining Calm

Initially, you may want to determine an officer's intentions. Does law enforcement have a reason beyond a stop to detain you? And if so, what is the reason?

You can learn this information by remaining calm and polite and asking simple questions such as “Am I free to go?” or “Am I being detained?” This does not mean shouting “AM I BEING DETAINED?!” over and over again like you may have seen other people do.

Any police encounter is an understandably stressful experience. But remember to do your best and stay calm. Make sure your hands are visible and make no sudden movements. Follow an officer’s commands to provide vehicle and/or licensing information.

If you are being detained, clearly communicate that you wish to remain silent:

“I am going to remain silent”
“I am exercising my right to remain silent”
“I want to remain silent”

Keep this phrase clear, straightforward, and unmistakable about your intention.

Exceptions to Your Right to Remain Silent

It’s important to note that there are some situations where you do not have a right to remain silent. These exceptions all occur in situations where law enforcement is not attempting to get you to incriminate yourself with your responses. Instead, they occur in all the following areas:

Traffic Stop Document Requests: You must comply if an officer pulls you over and asks for documents related to the legality of your driving status. Beyond this, though, you and anyone else in the vehicle have the right to remain silent.
Imminent Danger and Public Safety: In matters of potential imminent danger and public safety hazards, you must respond to law enforcement when questioned. For instance, if a suspect is arrested for a violent action and may have other dangerous hazards they know about, police can still question suspects (and still use this evidence in court) even if they elect the right to remain silent.
Routine Arrest Booking: After an arrest, you will be asked general questions like your full name, address, phone number, and others. Remaining silent here won’t gain you any advantages and will make your booking process more difficult.

Don’t Wait to Secure an Attorney

If you have been arrested and are facing criminal charges, it is paramount that you secure an attorney as soon as possible. They will help shield you from further incriminating yourself or misstepping during any interrogation process.

Don’t wait another moment to speak with an experienced Michigan attorney. Reach out today to learn more about your options.

Myths About Bankruptcy

Tue, 08 Nov 2022 15:01:00 GMT

For those who are unfamiliar with bankruptcy, it can be a confusing subject. Often people assume that filing for bankruptcy will impact their lives in specific ways which may or may not be the case. Here are a few common misconceptions about bankruptcy:

#1 Bankruptcy will Ruin My Financial Health

While it is true that filing for bankruptcy will impact your credit and will limit a person’s lending and credit options for approximately seven to ten years, many people who have filed for bankruptcy are still able to borrow money and rebuild their credit. In some cases, your credit scores may even improve following a bankruptcy. Further, although your credit options may be less than before the bankruptcy, you may still be in a position to obtain a secure line of credit which can lead to improving your scores. Your financial health can also improve in terms of discharging debt in bankruptcy. Many people who file for bankruptcy are placed in the position of having a fresh start without the burden of their past debt. From this position, it is possible to work toward financial recovery.

#2 People Who File for Bankruptcy are Irresponsible

For many people, bankruptcy becomes necessary when they are faced with large and unexpected expenses. For instance, one of the leading groups of people who have had to file for bankruptcy are people who have incurred excessive medical expenses due to major illness or injury. Some other reasons people may find themselves in this position of needing to file are divorce, loss of a job, or the death of a spouse. These and other life circumstances do not amount to fiscal irresponsibility. Instead, rather than being financially irresponsible, many people who have had to file because they have simply found themselves in a position in life of needing relief from debt.

#3 Bankruptcy Will Take Care of All My Debts

While the concept of bankruptcy may seem like an option which allows a debtor relief from all of their debt, there are certain debts which filing for bankruptcy will not relieve. For instance, certain tax debts and student loans, and child support do not qualify as debt which can be discharged in bankruptcy. However, in most cases, bankruptcy will allow you to discharge personal loans and unsecured debt such as credit cards and medical bills.

#4 It is Okay to Take Out A lot of Debt Just Before Bankruptcy

Those contemplating filing for bankruptcy may be tempted to go out and buy a lot of things on credit. Although it would seem that adding to their debt under these circumstances would be harmless, bankruptcy courts tend to frown on this kind of behavior. In fact, a court could find that debt assumed under these circumstances was fraudulently obtained and will therefore not eligible for discharge in bankruptcy.

# 5 Filing for Bankruptcy Means You Will Lose Everything You Have

Some people believe that when you file for bankruptcy, you agree to give up all of your possessions including your home, retirement accounts, and personal vehicle. In most cases, the debtor is actually allowed to keep many of their assets. Under a Chapter 7 bankruptcy, a debtor will have certain qualified exemptions from the process. What this means is that certain assets such as their home, retirement account, and car will not be included in the bankruptcy process. Likewise, under a Chapter 13 bankruptcy, the debtor often keeps many of their assets which are merely considered in terms of their value in calculating a repayment plan.

While the bankruptcy process can be a bit confusing and even mystifying to some, an experienced bankruptcy attorney can provide insight and advice which can bring clarity to the subject. We have the knowledge and experience you need to help you understand bankruptcy and your options. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Understanding Chapter 7 Bankruptcy

Tue, 08 Nov 2022 14:59:00 GMT

Chapter 7 bankruptcy offers relief to some debtors which allows them to discharge debt and essentially start over. This type of relief can be attractive in that it allows the debtor to rid themselves of burdensome debts which they are struggling to pay. Specifically, for those with significant credit card debt, medical bills, and personal loans this type of bankruptcy may be an appealing choice. However, it is important that someone considering filing for a Chapter 7 bankruptcy understand how it works.

A Chapter 7 bankruptcy allows the debtor to file for relief with a bankruptcy court, and have all of their non-exempt assets liquidated in order to pay their creditors. The court will appoint a trustee to review your finances and other aspects of your bankruptcy and to oversee the liquidation and payment to the creditors. You will be paid any exempted amount, but the net proceeds of the liquidation of your assets will go to pay creditors and the trustee’s commission. At the end of the bankruptcy, all qualifying debts should be discharged leaving the debtor in the position of having a fresh start.

In Michigan, if you earn a certain amount of income, you must pass the Michigan means test in order to file for a Chapter 7 bankruptcy. If your income is below a certain threshold, you will be exempted from having to pass this test and should be able to file under Chapter 7. For those who must pass the test and are unable to do so, they will most likely have to file their bankruptcy under Chapter 13.

While Chapter 7 can provide welcome relief from unsecured debt such as credit cards and medical bills, there are certain debts which it cannot cover. For instance, in Michigan, unpaid student loans, child support, some taxes, and debts related to criminal restitution are all debts which cannot be discharged in bankruptcy.

Chapter 7 allows the debtor to keep certain exempt assets during the bankruptcy. Assets such as a house, car, or retirement accounts are usually exempt under Chapter 7. The exemption of assets which are still being paid for means that you will continue to be obligated to pay for them just as before the bankruptcy. But, when you claim these exemptions, you will have to sign something referred to as a “reaffirmation agreement” and be up to date on your payments. What this agreement means is that you are identifying the debt which will be exempted and agree that the debt on these exempted assets cannot be discharged in bankruptcy for a certain number of years.

Chapter 7 offers a solution for those who are having difficulty paying their bills and cannot foresee being able to get out from under their debt. For those whose qualify for this type of bankruptcy, there can be a fresh start free of debilitating debts and an opportunity to rebuild their financial health. Consulting with an experienced bankruptcy attorney will help you in determining if a Chapter 7 bankruptcy is right for your circumstances. We have the knowledge and experience you need to help you understand bankruptcy and your options. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Understanding Chapter 13 Bankruptcy

Tue, 08 Nov 2022 14:58:00 GMT

Many of us have heard the term “Chapter 13 Bankruptcy,” but few have a complete understanding of what this type of bankruptcy entails. Chapter 13 bankruptcy offers debtors an opportunity to identify certain debts and negotiate a repayment plan for them with their creditors over a specific period of time. For those seeking a manageable solution for repaying some of their overwhelming debt, Chapter 13 may be a good option. Here is what you need to know about a Chapter 13 bankruptcy:

Chapter 13 bankruptcy involves repaying debt according to a plan. By contrast, a Chapter 7 bankruptcy involves liquidating most of the debtor’s assets to repay creditors. Chapter 13 allows the debtor to keep their qualifying assets while repaying their creditors. Therefore, individuals who may be interested in filing under Chapter 13 may be those who have valuable assets which they would not be able to keep under a Chapter 7 bankruptcy. Further, those who are seeking to avoid foreclosure on their home or repossession of their vehicle and want to negotiate a way to become current on their payments may prefer a Chapter 13 filing. Chapter 13 also provides those who are not eligible to liquidate under Chapter 7 a chance at finding relief from their debt and an opportunity to financially recover.

Under a Chapter 13 bankruptcy, a debtor proposes a repayment plan for all of their qualifying debts. The repayment plan will be specific in terms of indicating the creditors who will be paid and in what amount. The amount of the debtor’s repayment will depend on several key factors such as the debtor’s available disposable income, the debtor’s sources of income, and the amount proposed to be repaid to the creditors. After this information is gathered the debtor will be able to propose a monthly payment plan. Once the bankruptcy court approves the plan, the debtor will be required to follow its terms for three to five years. Once the plan term is completed, the debtor is ordinarily not obligated to repay what is left of their dischargeable debts. However, during the repayment period, any extra disposable income must be devoted to paying any unsecured debts.

One benefit of Chapter 13 is that once your debts become part of the repayment plan, they will no longer continue to accrue interest or late fees. Therefore, the amount owed will be what is included and approved under your filing and cannot increase beyond the date the debtor files. Additionally, there are limits on the amount of secured debt and unsecured debt a Chapter 13 debtor may have.

Consulting with an experienced bankruptcy attorney will help you in determining if a Chapter 13 bankruptcy is right for your circumstances. We have the knowledge and experience you need to help you understand bankruptcy and your options. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Life After You File For Bankruptcy

Tue, 08 Nov 2022 14:57:00 GMT

People contemplating bankruptcy usually have many questions. While those who have decided to file may feel an initial sense of relief, this can be followed with concerns about the unknown. Aside from figuring out how to file and which type of bankruptcy is the right one, people want to know how things will really be for them after filing for bankruptcy. Questions such as, “Will I be destitute?” and “Will my credit be a problem?” can arise in this context. Here are some facts about life after you file for bankruptcy.

After a debtor files for bankruptcy and all of their qualifying assets are liquidated, under Chapter 7, or repaid as agreed under Chapter 13, the debtor has a new beginning when it comes to their finances. No doubt there will be challenges such as a lower credit score and the fact that the bankruptcy will remain on their credit report for ten years. These limitations will probably make it hard to borrow money or even obtain a credit card. At this point, the debtor can take stock of their circumstances and begin habits which can help them keep from getting into the same situation down the road. By being limited in terms of credit, you have an opportunity to become a person who is budget-minded and lives within their means.

Creating a realistic budget is a good first step in developing good money habits. By not having many attractive borrowing options, you will have to work with what is before you. This can serve to help you identify those expenses which are truly necessary and those which can be avoided for the time being. This is also a good time to begin a money saving habit. By being in the practice of putting money away, you can help make sure that you have what you need when an expenditure arises.

While credit may be a challenge, you can begin to rebuild yours. Options such as secure credit cards and other available loan products may serve to help establish your creditworthiness. If you are someone who was able to keep certain assets such as your home or vehicle making regular payments can go a long way in terms of showing creditors you can be responsible. For those that do have a secured line of credit or loan, making those payments in full and on time will also demonstrate their willingness and ability to handle their financial obligations.

While life after filing for bankruptcy has its obstacles, you are still in a position of having the burden of insurmountable debt taken off your shoulders. With this relief, new positive money habits, and carefully rebuilding your credit, you can land on your feet and regain your financial health. In order to fully prepare for bankruptcy, it is critical that you consult with an experienced bankruptcy attorney who can help you ready yourself for this complicated process and for what happens after it is completed.

We the have experience and knowledge you need to prepare for all that the bankruptcy process can bring. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Your Credit and Bankruptcy

Tue, 08 Nov 2022 14:56:00 GMT

Deciding to file bankruptcy is usually the product of thoughtful deliberation coupled with the stress of not being able to manage debt. Those entering into this process generally know that filing for bankruptcy will adversely affect their credit. Fortunately, while bankruptcy can create credit challenges, it can also provide the clean slate you need to build a stronger and better financial future.

Often by the time people qualify for a bankruptcy relief they usually already have lower credit scores and negative information attached to their credit. Further, their bankruptcy will also appear on their credit reports and will remain there for ten years. However, the lower scores, negative information, and the bankruptcy can be counterbalanced by positive credit activity.

Specifically, you can begin to breathe life into your credit again by creating a realistic budget and savings plan. One of the main ways people get into trouble with debt is living beyond their means. Impulse purchases and a lack of planning can bring a person into debt fast. By living within your budget limitations and saving for major expenditures, you can help set yourself up for success rather than more future debt.

Creditors are in the position of looking at your creditworthiness and determining if you are likely to pay your debts. Believe it or not, after the bankruptcy, there will be opportunities to take out new credit cards or incur debt. This is not to say that you should charge up debt or borrow money you can’t repay. However, re-building credit does require demonstrating you can handle its responsibility. Ordinarily, offers made to newly bankrupt people are high-interest credit cards or loans which can have exorbitant fees. While you can accept these offers, you will have to be disciplined in charging minimally and paying the balance every month.

Another way to prove yourself is to obtain a secured credit card or loan. In this case, you will have to put money down as security that you will pay your debt. The more you pay on time, and the longer you keep balances paid off monthly, the more you can do to show your ability to manage your finances and credit. This activity can go a long way in helping you improve your credit.

You may need the support of family or friends in re-building your credit. If you have someone in your life with good credit who is willing to add you as an authorized user on a credit card, you may be able to boost your score through their positive credit activity. Ideally, you will not have a card or use the account. Even though you might not use the account, being named on it can show that you have credit available to you. This credit can be a good indicator of financial health to lenders. Also, if there is someone in your life who is willing to co-sign for you on a loan, this may also be a way to work on your credit. Before asking this of another person, you need to be honest with yourself about your ability and willingness to abide by the terms of the loan. Failing to hold up your end of the bargain could damage the other person’s credit as well as your own.

In the case where you have managed to keep an asset such as a home or vehicle, making timely payments can go a long way towards improving your credit. For those that have gone through a full liquidation or foreclosure, it may take time to be able to finance a car or qualify for a mortgage. However, in time, most people will be able to take out these types of loans. When that happens, make your selections with your budget goals in mind and be vigilant about paying in full and on time.

Re-building credit after bankruptcy can be challenging, but it can be done. With a solid plan and good habits, financial well-being can be attained. We have the knowledge and experience you need to help you understand what you need to do and plan accordingly. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

The Effect of Multiple Bankruptcies

Tue, 08 Nov 2022 14:55:00 GMT

Many people who have filed for bankruptcy will never have to do so again. They are able to clear their debts, get a clean financial slate, and make sound budgeting and spending choices. However, there are times when a person who has filed bankruptcy before, may be looking at having to file again. For these individuals, knowing the effects of filing for bankruptcy again as well as the rules about multiple bankruptcies will be essential.

Filing Another Chapter 7 Bankruptcy

There is no limit on the number of times a person can file for bankruptcy. However, there are limitations on the time you will have to wait between filing. For instance, under Chapter 7 bankruptcy, once you have discharged your debts, you cannot file again under this chapter for eight years. Usually, after you have discharged your debts under Chapter 13, there is a time limit of 6 years before you can file under Chapter 7. However, there can be exceptions to this time limit if you discharge your debts in good faith and have paid a certain percentage of them.

Filing Another Chapter 13

Those who have already been through a Chapter 13 bankruptcy can file another Chapter 13 bankruptcy. However, they will have to wait two years from the when they filed your previous Chapter 13 case. For those that have filed and had their debt discharged under Chapter 7, they can file for a Chapter 13 bankruptcy but must wait four years from when they filed their Chapter 7 bankruptcy. This type of filing is often referred to as a Chapter 20 bankruptcy.

Added Considerations

While these time limitations will apply to most circumstances, there are cases where the bankruptcy court will impose limitations and restrictions on the time period for filing another bankruptcy. These are usually due to the debtor not following the rules or seeking to disrupt the process during their first bankruptcy. Additionally, while filing for bankruptcy usually affords the debtor protection from creditors under the automatic stay, if a first bankruptcy is dismissed and another one is filed within a year the automatic stay is only for 30 days. If there are two or more dismissals within one year of the newly filed bankruptcy, the automatic stay will no longer be in effect.

Deciding to File Again

Once you have determined that you meet the eligibility and time requirements for filing it will be important to assess your situation to determine if another bankruptcy is right for you. Just as in the case of your prior bankruptcy, you will need to examine your debts and find out if they qualify for discharge. You will also need to determine if you have valuable assets which you want to retain and if you are eligible for a bankruptcy which will allow for you to do so. You will also have to weigh the damage to your credit which a bankruptcy can cause and other financial goals you may have in the future.

Consulting with an experienced bankruptcy attorney will help you in determining if you should seek to file a subsequent bankruptcy case. We have the knowledge and experience you need to help you understand your options and make informed choices. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Eligibility for Chapter 7 Bankruptcy

Tue, 08 Nov 2022 14:50:00 GMT

A Chapter 7 bankruptcy allows someone to liquidate their qualifying debt and use it to pay their creditors and discharge their debts. For those who find themselves struggling to make ends meet and pay their bills, this option can bring welcome relief and a new beginning. However, as with any bankruptcy, the debtor must qualify under the bankruptcy chapter they are seeking to use. Here are some facts to know about eligibility requirements for a Chapter 7 bankruptcy.

Means Test

If you make a higher income, you must qualify under the Michigan Means Test in order to file for a Chapter 7 bankruptcy. The Means Test is used to determine if the higher income debtor can afford to pay back some of their debts through a Chapter 13 bankruptcy rather than discharging them completely in a Chapter 7 bankruptcy. There are some debtors who will be exempted from the Means Test. For instance, Michigan residents whose income falls below the median income for their size of household can file for Chapter 7 without submitting to the Means Test. Additionally, individuals with debts which are not mostly consumer debts may be exempt. Disabled veterans who incurred most of their debt during active duty military service or other qualifying types of service may also be exempt from the Means Test.

In Michigan, those seeking to determine if they must submit to the Means Text will have to examine their average household income for six months and then multiply that number by twelve in order to calculate their annual income. The person will also be able to deduct certain expenses during this calculation so that they can determine their average disposable income. From there, the person will need to compare that figure to those of the median income for their household size. If the amount of your income is greater than the median income figure provided by the State, then you must submit to the means test.

The test will take into consideration different pieces of information such as your monthly income from all possible sources. For example, the salary from your job, pension benefits you are receiving, as well as income from rental property would need to be disclosed. You will also provide your allowable expenses. From there you would subtract your expenses from your income in order to determine what resources remain to pay creditors who were part of a Chapter 13 plan. If your total monthly income is below a certain amount, you pass the means test and can file Chapter 7. The alternative is either to file under Chapter 13 or to look at whether your disposable income falls between certain amounts. If it does, there are more calculations you can do in order to determine in you are going to allowed to file under Chapter 7.

Filing for Chapter 7 bankruptcy is a solution under some circumstances. However, when contemplating bankruptcy, it is important to consult with an experienced bankruptcy attorney to understand your choices. We have the knowledge and experience you need to help you understand your options and find solutions. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

The Automatic Stay

Tue, 08 Nov 2022 14:47:00 GMT

People who are struggling to pay their bills are all too familiar with the aggressive tactics creditors can take in their efforts to recover payment. Debtors often find themselves bombarded with calls and letters from their creditors which they feel powerless to stop. One advantage that filing for bankruptcy can provide is through a legal mechanism called “the automatic stay.” The automatic stay can stop most creditors from pursuing repayment from debtors and from taking other actions regarding the debt.

Under the Bankruptcy Code, after a debtor files for Chapter 7 and Chapter 13 bankruptcies, the automatic stay will go into effect immediately. This has the effect of prohibiting most creditors from continuing with calling or otherwise contacting the debtor; seeking repayment of medical and credit card debts; foreclosures; wage garnishments; some evictions; repossessions; and lawsuits concerning the debt.

Debtors who have fallen far behind on their unsecured debt may be subject to endless calls from their creditors or even lawsuits. The concept behind the automatic stay is that it will provide the filer an opportunity to get a break from their creditor’s collection efforts and legal actions while they pursue their bankruptcy. After filing for Chapter 7 and Chapter 13 relief, your creditor must cease all calls and litigation concerning your debt. If they fail to abide by this, there can be significant fines and legal ramifications for them.

For Chapter 7 filers who are liquidating their assets, the automatic stay may result in their not being responsible for some of the debt associated with their foreclosure. With respect to home foreclosures, the automatic stay may allow for a Chapter 13 filer to become current on their payments and not lose their home. Further, if you are in the process of eviction and the automatic stay goes into effect prior to the eviction process reaching a certain point, it may be possible to keep the eviction from beginning. For those facing their utilities being shut off, there may also be relief under the automatic stay. Under Chapter 7, the debtor can seek to prevent their utilities from being disconnected by demonstrating “adequate assurance” to the utility company that they will pay their bill within a certain number of days.

While the automatic stay can serve to keep creditors at bay while your bankruptcy is ongoing, there are some things the stay will not apply to. For instance, child support collection efforts will not be stopped. Further, the stay will do nothing to stop wage garnishment for child support or to stop a child support modification in court. Additionally, certain tax collection actions will be permitted to proceed.

The automatic stay can have a powerful effect on the life of someone who has filed for bankruptcy. In many cases, it provides temporary armistice while the filer gets their bankruptcy organized and managed. Knowing how the automatic stay will work and apply during your bankruptcy will help you plan for the future.

We have the knowledge and experience you need to help you understand the automatic stay and how it can best serve you. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Mental Health Issues during Divorce

Tue, 08 Nov 2022 14:41:00 GMT

Going through a divorce is a complex and stressful experience for everyone involved. When one party has a mental health condition, there can be additional complicating implications. For instance, issues such as the individual having symptoms which interfere with their ability to participate in the case and safety considerations regarding custody can arise. Here are some matters to consider regarding mental health issues and divorce:

Grounds

Michigan is a no-fault divorce state, meaning that the law does not allow the assignment of blame for the marriage ending. Therefore, while a partner’s mental health condition may be the reason for the divorce, it will not be in the divorce pleadings. However, the court looks to numerous factors to determine how marital property should be equitably divided and whether spousal support is appropriate in a case. The court can consider the partner’s health, their conduct towards the other, their fault in causing the marriage to fail, and their mismanagement of marital assets. In some instances, these behaviors may be connected to an individual’s mental health condition and therefore germane to the issues before the court.

Negotiations

When an individual has a psychological or psychiatric diagnosis, they may have developed effective means to function and manage their symptoms. However, in some cases, the stress of a divorce may prove to be triggering and lead to their becoming symptomatic. Depending on the person’s condition, these symptoms may present as the person becoming irrational, emotionally volatile, unreasonable, and uncommunicative regarding the issues in the case. Unfortunately, if the person cannot meaningfully engage in the process and effectively communicate it may be necessary to have the court become involved.

Children

When children are part of a divorce, the court is charged with approving or deciding terms which are in their best interest. The court evaluates best interest by looking at several factors which pertain to the child’s well-being. One of the enumerated factors is “the mental and physical health of the parties involved.” The court will also be able to examine each parent’s demonstrated ability to provide a stable and safe home which supports the child’s emotional health. If a parent’s mental health condition has endangered their child in the past, the court could limit their contact with them. Likewise, if a parent has a diagnosis but has demonstrated management of their symptoms and condition, the court may decide that the parent should have the same equal time-sharing and decision-making authority as their former partner.

Mental health issues and divorce can be concerning during a divorce case. We understand the challenges families can encounter with this issue during divorce and are here to help. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Keeping Within Your Budget During the Holidays

Tue, 08 Nov 2022 14:39:00 GMT

The holidays can be a joyous time when family and friends reunite and celebrate together. This time of year also offers countless ways to spend money on presents, seasonal attractions, and events. Needless to say, with all of this going on it is easy to go overboard on your spending. After the festivities are over this can mean having credit card debts which are difficult to repay. However, by keeping within your budget during the holidays, you can avoid overspending and increasing your debts.

Make Allowances for Added Expenses

When you are used to living within a certain budget each month, it is easy to become accustomed to the same rhythm of spending and saving. If you are not careful, the introduction of holiday expenses can throw your budget out of balance leaving you little choice but to use your savings or credit cards to make up any shortfall. Revisit your budget before the holidays and make allowances for any expected added costs.

Limit Gift Giving When Appropriate

While having a generous nature is not a bad thing, it can work against you when it comes to holiday spending. Consider whom you want to buy for and whether there are ways to limit your expenditures. For instance, if you and your friend only see each other around this time year, you may want to consider a simple lunch date rather than buying lavish gifts for one another. If you are in a large family, you and your relatives could draw names and only be responsible for buying one gift instead of having to purchase something for each person in the family. Additionally, you and your spouse could agree to a spending limit for one another.

Avoid Temping Retail Stores

Retailers are working hard to advertise and get shoppers to come in and spend during this time of year. You are likely to see beautiful advertisements for items you may not have thought of buying or a coupon or other incentives which are designed to draw you in to come and shop. If you have completed your holiday shopping, steer clear of retail stores where you may be tempted to make unnecessary purchases.

Choose Budget-Friendly Events

Although there may be several ways to spend money on holiday experiences, there are also some events which cost little to nothing. For instance, you could check local websites and publications for light displays and other free or inexpensive attractions. You can also take walks with loved ones through decorated areas and enjoy time together. While some offerings may be worth paying for, by being sensible about how many you attend and how much you spend, you can help keep this expenditure down.

When you are in serious debt, even the most careful budgeting and spending habits may not be enough to help you get on top of your finances. We have experience helping our clients find ways to manage their debts and start fresh. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact-us

Getting Gifts and Your Bankruptcy

Mon, 17 Oct 2022 17:01:00 GMT

Giving and receiving gifts are common ways for friends and loved ones to celebrate important occasions and honor one another. Unfortunately, during a bankruptcy case, this well-intended custom between caring individuals can have unintended consequences. Here are some considerations regarding getting gifts during your bankruptcy:

While receiving a present may seem unremarkable to the recipient, during bankruptcy anything the debtor receives must be disclosed to the court. This also applies to gifts which you were given during the six months before you filed for bankruptcy. For a Chapter 7 debtor who must submit to the “means test” to file under this chapter, all assets, including gifts, must be disclosed to the court. Further, any gifts will also be counted when the court looks at a Chapter 13 debtor’s ability to pay their debts.

In some circumstances getting a gift after filing for bankruptcy may not impact your case. However, if you were already scheduled to receive the gift before filing, the trustee may consider it as part of your bankruptcy estate. The same is true for any pending tax refunds or other money owed to you or cash gifts or inheritances given within 180 days of the bankruptcy. These funds could be taken to pay your creditors. However, there are ways to protect your assets in this situation and to amend your court filings to fully disclose their addition to your bankruptcy estate.

Ideally, you will not receive any significant gifts six months before, during, or after your bankruptcy. The less financial activity in your bankruptcy estate, the better. When a gift is going to part of the picture, it is critical that you disclose its existence to the court and consult with experienced counsel about how to protect your gift in connection with your bankruptcy case. Contact your attorney as soon as you know about a possible gift so you can plan the best court of action. We the have experience and knowledge you need to enable you to avoid problems with gifts during your bankruptcy. Please contact us online or by phone at 517-459-9518 if we may be of assistance.

What if I Can’t Afford my Chapter 13 Payment?

Mon, 17 Oct 2022 17:00:00 GMT

Going through Chapter 13 bankruptcy can involve different phases and exchanges with your creditors until you have a developed Chapter 13 repayment plan. This plan will state how much you have to pay towards your debts at each interval and the schedule by which you will make your payments. This repayment period will last 3 to 5 years during which a number of life circumstances could arise which may affect your ability to make you’re agreed upon payment.

In many cases, the problem can be due to something beyond the debtor’s control such as a medical condition, being laid off, or being involved in an accident. When the debtor is unable to work, they will probably have a difficult time paying towards their plan in bankruptcy. Fortunately, there are options when a debtor is struggling to pay their Chapter 13 repayment amount.

A debtor who has experienced a setback which he or she believes to be temporary could ask the bankruptcy court to suspend the payments temporarily. This relief is usually only granted by the court when the debtor can prove they have an adequate reason for the request. For example, if the debtor has a short-term disability but expects to be able to return to work, this could be a basis for a temporary suspension. While a suspension may briefly stop repayment it is not intended to be permanent nor does it get rid of the debt or extend the time of repayment past five years. If a suspension is granted, the debtor will still be expected to complete their payments

Sometimes the situation will be such that the debtor cannot reasonably be expected to resume paying on the original agreement terms. This may occur because of a permanent injury or another issue in their life which is not going to change. In this case, the debtor can ask the court for a modification of their repayment plan. For a modification to be approved, the plan must still address priority claims, allow for monthly payments on all secured debts, and be in the best interest of your unsecured creditors. Proving the modified plan is in the best interest of the unsecured creditors means demonstrating that your unsecured creditors would receive at minimum the amount they would receive in a Chapter 7 bankruptcy. You must also show that your plan is manageable under your circumstances.

Bankruptcy Change

Another option may be for the debtor to convert his or her Chapter 13 bankruptcy to a Chapter 7 bankruptcy. This would allow the debtor to discharge all of their qualifying debt and gain a new start. However, changing over to a Chapter 7 bankruptcy may not be available if the debtor had a previous Chapter 7 within a certain number of years. Further, the debtor would still have to qualify for Chapter 7 and potentially give up their property.

We have the knowledge and experience you need to help you understand your options and make informed choices regarding your bankruptcy modification options. Please contact us online or by phone at 517-459-9518 if we may be of assistance.

Child Support Arrears and Bankruptcy

Mon, 17 Oct 2022 16:58:00 GMT

When you are overwhelmed by debt, you can find yourself getting behind on all of your obligations. What started as the occasional late credit card bill may now have snowballed into delinquent auto and mortgage debt and even late child support payments. When your debts have become this unmanageable, filing for bankruptcy may provide welcome relief and the fresh start you need. When it comes to child support arrears, however, there are specific rules you need to know.

Michigan Child Support

In Michigan, parents are legally required to support their children. After a divorce or when unmarried parents separate, the family court will ordinarily issue an order which sets out how much an obligated parent will have to pay to the other parent for their child’s care and needs. If a parent fails to pay this support, he or she could face legal consequences, attorney’s fees, and fines.

Child Support Cannot be Discharged

Michigan bankruptcy law is unambiguous; Child support arrears cannot be discharged in Chapter 7 or Chapter 13 bankruptcy. One of the primary benefits of bankruptcy is that once you file the automatic stay goes into effect. The stay protects the filer from debt collection efforts and stops most legal actions such as lawsuits to collect what is owed while the bankruptcy case is being resolved. This benefit does not extend to child support debt.

Priority Unsecured Debt, Chapter 7, and Chapter 13

Although there are specific limits on child support arrears, bankruptcy may still be a good choice when you are struggling to pay your support obligation. Child support obligations are considered “priority” unsecured debts in bankruptcy which means payment of this kind of debt will take precedence over other non-priority unsecured debts such as credit card and medical bills. Under Chapter 7 all of your qualifying assets will be liquidated and sold to pay your eligible debts. Your priority unsecured debts such as child support have to be wholly paid before the non-priority creditors get anything. Under Chapter 13, your child support debt can be included along with your other liabilities as part of your repayment plan. The plan will last 3 to 5 years which will give you time to catch up on your arrears at a significantly lower interest rate. The child support debt will have to be repaid in full by the end of 5 years.

Getting behind on child support and other debts can be daunting but, with the help of an experienced bankruptcy attorney, it is possible to gain control of the situation and get back on track. We have experience helping our clients find ways to manage their debts and start fresh. Please contact us online or by phone at 517-459-9518 if we may be of assistance.

How to Work with the Trustee

Mon, 17 Oct 2022 16:56:00 GMT

After you file for bankruptcy, the automatic stay will go into effect which stops most debt collection efforts by your creditors, and the bankruptcy court will appoint a trustee to oversee your case. The trustee will be an essential part of everything which happens during your bankruptcy and will have the power to make recommendations and decisions which can significantly impact your ability to discharge your debt.

Trustee Responsibilities

The trustee’s responsibilities in your case will depend on which Chapter you file. Generally, the trustee’s duties will concern getting accurate information about your assets and liabilities and making sure payments are made to your creditors according to the Bankruptcy Code.

Chapter 7

When you file under Chapter 7, you are required to provide detailed information about your property. The trustee will review what you submit and complete a full inventory. After everything is identified, you will then claim all applicable exemptions, and the trustee will sell all of your qualifying assets. During this process, your creditors can make formal claims against your bankruptcy estate which the trustee will review and reject if they are not valid. The trustee can also agree with or oppose your discharge.

Chapter 13

Chapter 13 bankruptcy requires that the debtor repay his or her debts according to plan. The repayment amount is calculated after the trustee looks at the debtor’s non-exempt assets and obligations. The trustee will review the proposed repayment plan and can object if he or she believes it is improper. Once the plan is in place, the trustee will collect your payment and allocate it to your creditors.

One of the most important things you can do regarding the trustee is to be cooperative. This individual will be scheduling mandatory meetings such as the meeting of the creditors and will be evaluating your case and documentation. The trustee has the power to object to your discharge and inform the bankruptcy court about problems. By working with the trustee and complying with his or her request, you can help ensure that your bankruptcy case is successful.

Working effectively with the trustee is essential during your bankruptcy case. We have the knowledge and experience you need to work effectively with the trustee during your bankruptcy case. Please contact us online or by phone at 517-459-9518 if we may be of assistance.

Can I use Google to file my bankruptcy?

Mon, 17 Oct 2022 16:53:00 GMT

This article has a nice summary about how much of your bankruptcy can be done online.

Although a bankruptcy petition can be prepared and filed through email correspondence with your lawyer’s office, there is no substitute for meeting your attorney in person.

John O’Connor, Bankruptcy Online: Why Consumers Turn to the Internet

With over 4,000 bankruptcies filed to date, the law offices of Scott M. Neuman can help you! Call 517-459-9518 today!

What Bankruptcy Can Do For You

Mon, 17 Oct 2022 16:49:00 GMT

When you are dodging debt collection calls and receiving past due notices on your bills, it can feel as if you are sinking further and further into a hopeless situation. After penalties and interest accrue what started out as manageable obligations can soon be too much for you to handle. If you are in this situation, bankruptcy can provide you with an opportunity to take control and get the new start you need. Here are some considerations about what bankruptcy can do for you:

The Automatic Stay

One of the primary benefits of filing for bankruptcy is the automatic stay. The stay becomes active when you file for bankruptcy protection and in most cases can stop creditor debt collection efforts and even lawsuits right in their tracks. The stay can also help debtors become current on secured debts such as home and auto loans which permits the debtor to keep his or her property during the case.

Stop Adding to Your Debts

When your debts have spiraled out of control, you can find yourself in an endless and vicious cycle of paying just enough to meet minimum payments, then being late triggering fees and interest increases and falling further behind. Filing for bankruptcy means you can stop adding to these obligations and begin to make a plan to solve the problem and attain discharge.

You can Rebuild

Taking action to deal with your debt rather than allowing it to get worse is a positive and powerful step. Choosing bankruptcy is the beginning of a more extensive process wherein you will need to look at your circumstances and consider changes. If your spending habits and lack of preparation are the reason you have reached this point, now is the time to commit to budgeting and holding yourself accountable. Your situation may instead be due to a catastrophe such as a significant illness or injury. If this is the case, it would be best to use your fresh start to put your debts behind you and develop stronger savings and budgeting habits. Regardless of what brought you to this place, you can use this experience as an opportunity to create a workable and effective plan for your financial health.

Our office has experience helping clients through managing their debts and can assist you in making the most of the bankruptcy process. Contact us online or by phone at 517-459-9518 if we may be of assistance.

Long and Short-Term Financial Goals

Mon, 17 Oct 2022 16:46:00 GMT

Planning for your financial health today and in the future is now more critical than ever. You may be single and just starting out, beginning a family, or headed towards retirement. No matter where you are in life, preparing for your long and short-term financial goals is critical.

Create a Budget

When you are struggling financially, it can be hard to examine your debts and monthly expenses and face the truth about your situation. However, by creating a budget, you can make decisions which support your fiscal well-being. Take the time to thoroughly evaluate your income, bills, and savings, and create a realistic plan for how to stay out of debt while meeting your obligations.

Start to Save

While it may feel that every dime you make needs to go to pay for your bills and necessities, it is vital that you devote something towards savings on a regular basis. If the idea seems intimidating, you can start small and build up to more substantial savings. When you have savings in place, you will have funds to cover unexpected expenses. One option is to have a certain amount drafted from your main account each month and placed in a separate one which you do not regularly see or access. If you have not already done so, open a savings account and commit to making routine deposits.

Prepare for Vacations

An expense which can set an individual or family back is spending too much on vacation. While taking time to rest and relax on holiday can be positive, it is essential that you have the means to afford the trip. Otherwise, you will be adding the stress of burdensome debts to your life. Develop a savings strategy for any anticipated vacations. For instance, you could pay the trip off through a travel agency program throughout the year and save for any additional expenses.

Consider Retirement and Healthcare

Planning for your long-term goals such as retirement and healthcare needs to begin as soon as possible. If you have a pension plan or 401(k), review them as well as any other potential income sources and begin calculating what you will have and need when you are no longer working. Additionally, you should consider how you will start paying for healthcare coverage including Medicare co-pays and long-term care costs. If you are struggling with debt, planning for today and tomorrow can be difficult. We have experience helping clients manage their obligations so that they can set and reach their financial goals. Please contact us online or by phone at 517-459-9518 if we may be of assistance.

Finding Your Way Out of Debt

Mon, 17 Oct 2022 16:45:00 GMT

When you can no longer keep up with your debts, you can begin to feel suffocated. With each past due bill notice and angry debt collection call, it can seem more and more hopeless. The good news is that it is possible to find your way out of debt.

Take a Good Look

The first step is knowing what you owe. Run your credit report and have an honest look at your obligations. Although it may be hard to confront this reality, you need to have the hard numbers in front of you to take action.

Create a Truthful Budget

Once you are aware of your debts, assess your income and other expenses, and make a realistic and conservative budget. Include savings and miscellaneous expenses in addition to all known monthly expenditures. Identify any unnecessary costs and eliminate them if possible. After you look at what you have and what you owe, you can get a good idea of the resources you can apply towards your debts.

Stop Adding to your Debts

If you are voluntarily taking on debts, now is the time to stop. You could be doing something like charging a necessity like gas or groceries with the intention of paying the amount down on your credit card, only to forget or not have the funds later. You may have a monthly gum membership which you have not used in a year. You could cancel this expense and commit to getting exercise at home. If you can avoid adding to your debts, do so if at all possible.

Be Realistic and Take Action

In some cases, looking at your debts and creating a budget can help you recognize that you are overwhelmed by your obligations. This may be a time to consider getting a fresh start from bankruptcy. Filing for this protection can help you take control of their situation and manage your obligations without creditor harassment.

Being in debt can be difficult, but there are solutions. We have the knowledge and experience you need to help you understand bankruptcy and your other debt management options. Please contact us online or by phone at 517-459-9518 if we may be of assistance.

What a Bankruptcy Attorney can do for You

Mon, 17 Oct 2022 16:43:00 GMT

Someone who files for bankruptcy may be able to get out from under crushing debts and get a new beginning. However, like any legal process, bankruptcy has its own unique rules, laws, and requirements which can be confusing to someone who does not understand them. Further, if the filer fails to observe specific requirements, he or she could irreparably harm their case. Fortunately, by having an experienced bankruptcy attorney at your side, you will have the advice you need to protect yourself. Here is what a bankruptcy attorney can do for you:

Helping you Understand Your Options

Having a bankruptcy attorney from the beginning of your case will allow you to consider your options and make the right choices from the start. For instance, it may be that you are eligible for Chapter 7 but also want to keep your home and car. In another situation, you may not qualify for Chapter 7 but may want to consider filing for Chapter 13. An experienced bankruptcy attorney can explain the different options and help you understand what to expect.

Navigating the Laws and Process

Going through a legal process without counsel is almost always a dangerous proposition. When it comes to bankruptcy, this is a complicated area which requires specialized knowledge. Having an experienced bankruptcy attorney will help you ensure that you are following all necessary rules and providing critical information to the court in a timely fashion. It also means having someone who has the experience to handle any unexpected complications during your case.

Proving Direction Regarding your Case

Bankruptcy involves making numerous disclosures and significant decisions. For example, you are going to have to identify income and expected income and choose between federal and Michigan exemptions. Providing the correct information and selecting the best exemptions are critical. Your bankruptcy attorney will be able to guide you through these choices.

Advocating for You

In any legal matter, it is vital that you have someone who is looking out for your interest. Your attorney is your advocate and will be there to make sure that the process and rules are followed. If something were to occur which could be harmful to you, your counsel will be there to protect you. We have experience advising clients throughout their bankruptcy process and helping them take control of their debt. Please contact us onlin e or by phone at 517-459-9518 if we may be of assistance.

Difference Between a Trust and a Will

Tue, 11 Oct 2022 16:18:00 GMT

The Difference Between a Trust and a Will Explained

There is no set time for anyone to develop an estate plan. Many people suggest doing it early in life since you never know what the future will bring. Even if you don't have a family, there may be some possessions that you want to go to certain people. If you have wishes for what happens to your belongings after you die, it's a good time to make out a will, trust, or both.

You can update wills and some types of trusts when your needs or wishes change. While wills and trusts are both documents used in estate planning, there are some differences. You should talk to a lawyer about which one is best for your situation.

When You Need a Will

Most people already know that a will dictates what happens to your assets after you die. It ensures that the wealth you have accumulated during your lifetime goes to the beneficiaries that you want to have it. People use wills to protect their families and control who gets what when they are no longer there to provide for them.

In most states, you can write a will if you are 18 or older and of sound mind. Even if you don’t have a lot of assets this early in life, you need to protect what you do have. A savings account, personal items like heirlooms or a car, and digital property like photos or blogs have some value. You will also want to include online banking and investment accounts.

If you don’t have a will, the state will usually give your assets to your next of kin. Each state follows its definition of intestate succession statute . Someone other than the beneficiary you have in mind could end up being your heirs.

You also need to update your will whenever you experience any life-changing event. For example:

You get married, divorced, or lose a spouse or partner.
You give birth or adopt a child.
Tax or estate laws change.
You experience a significant financial change.
You have a decline in health.
You move to a different state.
You want to change beneficiaries.

You might benefit from making an entirely new will or by adding a codicil. This is a supplemental document that is added to your existing will for small changes. A codicil is simpler but should only be used for minimal changes. Otherwise, it leaves more room for confusion and could lead to disputes.

Almost anyone can benefit from having a will. It gives you control over what happens to your things after you're gone. It isn't just for people with lots of wealth.

When a Trust Is Appropriate

A trust is a legal arrangement where a person is designated to protect your assets and control their use according to your wishes. Where a will takes effect at the time of death, trusts are effective immediately. As the one who creates the trust, you are the grantor or trustor. The person you entrust with your assets is the trustee.

All trusts fall under the broader types of revocable and irrevocable trusts. The type determines whether you retain control of your assets and whether you receive taxable interest from them.

A trust might have a limited term, or it might last for your or someone else’s lifetime. You might retain control of your trust while you are alive with a trustee to step in after you die. You determine the terms for how the trustee will manage your assets, distribute them to your beneficiaries, and dispose of them.

There are different types of trusts , which serve a broad range of purposes. Some of the most common are:

Irrevocable Trust – An irrevocable trust is one that you do not control and cannot change during your lifetime. You give up all control to a trustee. This type of trust can protect your assets from creditors if properly structured. You won’t receive any interest from the trust assets, and they aren’t included in your taxable income.

Revocable Trust – A revocable trust is one you can revoke, or change whenever you want or need to. You control the terms and you can receive any economic returns from it. Assets are included in your taxable estate.

Living Trust – With a living trust, you, as the grantor, transfer property to a trustee but retain the power to change or revoke the trust. At the time of your death, the trust converts to an irrevocable one. The trustee must follow the rules listed in the documents about distributing property and paying taxes.

Living trusts offer multiple benefits. They allow you to plan for your healthcare and end-of-life provisions. The trust protects, eliminates or reduces probate and provides immediate access to assets by your beneficiaries. It also provides more privacy in those states where a will requires the filing of an inventory of assets.

Special Purpose Trust – If your needs don’t fit completely into one of the traditional types of trusts, a special purpose trust can meet your needs. It can include arrangements for special family situations, to support a charity, or for a special purpose.

Bypass Trust – This type of trust helps wealthy married couples minimize their estate tax obligations. A bypass trust is also called an AB trust, or credit shelter trust . The A portion of the trust holds assets for a surviving spouse while the B portion serves as a credit shelter to minimize estate tax.

Life Insurance Trust – The life insurance trust is irrevocable and is created to hold a life insurance policy. Placing the policy in a trust helps reduce the estate tax burden on the beneficiary.

Choosing a Will, Trust, or Both

If you are confused by the rules for using wills and trusts, you aren’t alone. There are minor differences between wills and different types of trusts that make them appropriate for different circumstances. You might even need both a will and a trust(s) to suit your personal situation.

Reach Out for Expert Advice You Can Trust

Don’t try to navigate the legal world of wills and trusts on your own. Planning for your family’s future is an important and sometimes complex matter. Call Michigan Attorney Scott M. Neuman today, and let's get started.

How does domestic violence affect divorce?

Sun, 02 Oct 2022 03:22:00 GMT

Domestic violence is all too commonplace in our society. According to statistics, 100 domestic violence-related homicides occur in Michigan every year. The startling truth is that a disproportionate number of these assaultive incidences occur between spouses. In many cases, when violence is present in a marriage, it will be the reason the relationship ends in divorce. Domestic violence can have serious implications during this process.

Custody and Decision-Making

When children are part of a divorce where there has been domestic violence the court is going to be extremely cautious about exposing a child to a violent parent or situation. While Michigan law supports parenting plans which allow both parents contact with their children and equal decision-making, the child’s best interest will always come first. When deciding whether a divorce term is in a child’s best interest, the court can and will examine:

Depending on the situation, if there has been violence between the parents, the court could end up awarding one parent primary custody and all decision-making power. The court could also prohibit the other parent from having contact with their child and former partner or require that all visit be supervised. The child’s best interest is the court’s primary focus, and the degree of violence and threat to the child’s well-being will dictate the court’s decisions.

Property Division

Michigan courts divide marital property in terms of equitable distribution which means that the court will examine multiple elements to decide how to divide marital property fairly. When there is evidence of domestic violence, the court looks at how the conduct impacted the injured party. For example, if there is evidence that the abusive partner prevented the injured spouse from working, harmed them in a manner which kept them from being able to work, or withheld marital assets, the court could include this information in its evaluation. Further, if the assaultive behavior led to the end of the marriage, the court could also take this into consideration. After weighing this evidence and other factors, the court could decide to divide the couple’s property in a manner which results in the injured spouse getting more of the marital assets.

Alimony

Spousal support or alimony is another area in which domestic violence can have a significant impact. As with equitable distribution, the court will look to multiple factors to determine the right action to take. By examining different aspects the court will assess if spousal maintenance may be appropriate for a circumstance. These factors allow for an inspection of matters such as the parties’ health, economic and wage earning disparities, who was at fault for the end of the marriage, and principles of equity. When one spouse has abused the other one, the court could evaluate this information and decide the conduct warrants spousal support.

Contact the Law Office of Scott Neuman

If domestic violence is an issue in your marriage and you are considering divorce, you need to meet with a qualified family law attorney who can provide you with the guidance you need. Our office understands the implications of domestic violence and can offer assistance during the difficult time. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact .

Bankruptcy and Your Child’s Eligibility for Federal Student Aid

Sun, 02 Oct 2022 03:21:00 GMT

For many parents, getting their children through school and ready to apply for college is a significant priority. Once the children are ready to start the application process, the question of how they (and their parents) are going to pay for the expenses is front and center. For parents who have filed for bankruptcy, there can be a concern as to how this will impact their child’s eligibility for Federal Student Aid.

What is a FAFSA?

The FAFSA, or Free Application for Federal Student Aid, is the form that parents and children fill out to apply for federal grants, loans, and work-study funds for college. The FAFSA program is overseen by the U.S. Department of Education and is a critical source of funds for millions of students. The information the parents and children include in the child’s FAFSA will determine his or her eligibility for federal grants and federal loans.

Student Loans and Bankruptcy

Children of parents who have filed for bankruptcy will not be prohibited from filing for federal student loans on that basis. Because the child is the obligated party, a parent’s credit or bankruptcy history will have no bearing on their ability to apply for and be approved for the individual loans available through their FAFSA.

Student Grants

Your child’s FAFSA will also be reviewed to consider their eligibility for certain types of grants. A parent’s bankruptcy should not impact the child’s qualification for this type of assistance.

Parent/Plus Loans

A common type of loan associated with college debt is the Parent/Plus loan. This type of loan allows parents to borrow money for their child’s education through a federal student loan program at a fixed interest rate. However, if you have “adverse credit history,” including having declared bankruptcy in the past five years, you will not be eligible to take out this type of loan.

In sum, your bankruptcy will not impact your child’s ability to apply for his or her own loans to pay for college or to be eligible for certain types of grants. However, if you have filed for bankruptcy in the last five years, you will not be able to secure a Parent/Plus loan to assist with their expenses.

We understand the importance of managing your debts while planning for your child’s future and can help you explore your options. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact .

Paying for College and Bankruptcy

Sun, 02 Oct 2022 03:19:00 GMT

When parents are dealing with burdensome and manageable debt, their best option may be to get a fresh start for their family through bankruptcy. One concern is how they can help their children pay for college and still get the debt relief the family needs.

Your Children’s Credit

One way in which many families pay for college is through student loans. If your child were to apply for a loan in their own name your bankruptcy will not impact or appear on their credit.

529 Accounts

“529 plans” are qualified state tuition programs, also known as “529 plans,” which allow parents and others to put money into an account which can be used for a child’s education. Whether or not your bankruptcy will impact your child’s 529 account depends on when you put funds in the account. If the money was placed in the 529 less than a year before you filed, then it will be included in the bankruptcy estate absent the use of a specific exemption. Those funds deposited one and two years before filing receive some protection up to a particular amount. 529 contributions made more than two years before the bankruptcy will be adequately protected.

FAFSA

The FAFSA, or Free Application for Federal Student Aid, is a form that parents and children must complete to apply for federal grants, loans, and work-study funds for college. Although your bankruptcy will not affect your child’s ability to apply for a federal loan or receive a federal grant, if you filed within the past five years you will not be permitted to apply for a Parent/Plus federal loan to help them pay for college.

While there may be limits on certain parents loans if you filed for bankruptcy within five years, your child will be able to apply for both private and federal college loans and qualify for grants. Additionally, depending on the timing of the deposits, your child’s 529 may be protected or eligible for an exemption.

We have the knowledge and experience you need to help you understand what you need to do to get a fresh start through bankruptcy while helping prepare for your children’s education. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact .

Myths About Child Custody

Sun, 02 Oct 2022 03:15:00 GMT

When parents divorce their connection with one another does not end once their legal case becomes final. After the dust has settled, the former couple will have a plan in place which dictates how they will share their time and decision-making regarding their kids. Those beginning the process of developing their parenting plan may have some preconceived ideas which are incorrect. Here are some common myths about child custody:

The Mother Always Gets Majority Parenting Time (Physical Custody)

While many people assume that mothers are always awarded primary physical custody of children during divorce, this is not always the case. Michigan law specifically presumes that it is “in the best interests of a child for the child to have a strong relationship with both of his or her parents.” With that goal in mind, the court will look to several factors in deciding if a proposed custody arrangement is in the best interest of a child. Its evaluation will involve examining both parents’ ability to work together and provide a safe, stable, and healthy environment. This consideration applies equally to both parents and does not prefer mothers over fathers.

A Parent Without Majority Physical Custody Will Lose Their Bond

When physical custody is structured to afford one parent more time with their child than the other, the parent with minority time-sharing may believe their relationship with their child will suffer. While it can be challenging for children and parents to adjust to this arrangement, this does not mean they have to lose their connection with one another. The parent can take numerous steps towards ensuring that they are involved with their child when they are apart. For instance, the parent could have regular calls, text, video chats, or emails with their child between visits. Additionally, the parent can make a concerted effort to work with the other parent to share information and to be present for extracurricular and school events. The parent could also volunteer to coach their child’s sports team or in their classroom.

Failing to Pay Child Support Means Not Having Visits

A parent who is obligated to pay child support may believe that if they are behind on their payments, the other parent can deny them visitation. This is absolutely not true. While being in arrears on child support can have different implications, a parent’s failure or inability to make their child support payments has no bearing on their right to see their child. The law favors parenting plans which allow the child meaningful and ongoing contact with both parents. This contact is not predicated on child support payments.

Child custody is a convoluted area of the law which can lead to misinterpretations. That is why it is critical that you contact an experienced family law attorney who can help provide you with the insight and information you need. If you have a Michigan child custody case, we are here and can help. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact .

5 Qualities You Need in Your Divorce Attorney

Sun, 02 Oct 2022 03:13:00 GMT

When you need to hire an attorney, it is usually because you require professional advice about a significant area of your life. When divorce is the reason, you may have to choose counsel very quickly at an emotionally difficult time. Selecting the right lawyer to represent you during your divorce is one of the most important decisions you will ever make. By looking for certain essential qualities, you can help ensure that you find the best attorney for you.

The Right Experience

Lawyers practice in countless areas of the law which are vastly different from one another. You need an attorney who is not only well-versed in Michigan family law but also has real experience with representing clients during divorce. Divorce law, like other legal areas, has particular rules and requirements and its own culture. An experienced lawyer will know the technical, statutory and local requirements. Further, they will be familiar with the nuances of negotiating divorce terms and the preference of the particular court which will be monitoring the case.

The Right Personality for You

Every divorce is as unique as the individuals involved in the process. While everyone needs a divorce attorney who is competent in the area and has family law experience, his or her requirements may be different when it comes to the personality of a prospective attorney. Some individuals want counsel who will be business oriented and aggressive towards the other party. However, others may need a representative who is empathetic to their situation and inclined towards finding collaborative solutions. When interviewing counsel be mindful of your objectives and evaluate whether you believe their personality is a good fit for the ultimate goals you wish to achieve in your case.

The Right Impression of You

Selecting counsel means allowing another person to be your voice during all critical phases of the divorce process. How this person conducts themselves from the very beginning will set the tone for the entire case. You want your attorney to be professional through each interaction and phase of the process. By having counsel with a professional demeanor, you are taking a critical step towards ensuring that you make a positive impression with the court and can work effectively with the other parties.

The Right Connection with You

After you have determined that the attorney has the right divorce law experience and personality and is professional, you will need to assess whether you feel a sense of connection with them. This quality is about feeling that the attorney understands you and what is important to you during the case. You are going to have to trust this person with sensitive information and feel that they will look out for your best interest. If you do not feel connected, you won’t be able to communicate. Effective communication with your chosen counsel is critical to the success of your case.

The Right Reputation

When deciding which attorney to consider it is instrumental to inquire about their reputation. Check online reviews and with people you know to find out about their experiences with the attorney. You also want to be confident that the attorney’s reputation is consistent with what you want to happen with your case. For instance, if your goal is to establish an amicable relationship with your former spouse, you may not want to select an attorney who has a reputation for being extremely aggressive and hostile towards other parties.

We understand the complicated issues which individuals encounter during divorce. Our experienced family law attorneys are here to look out for your interest and advise you every step of the way. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contac t.

Benefits of Chapter 13

Sun, 02 Oct 2022 03:07:00 GMT

When you file for bankruptcy under Chapter 13 of the bankruptcy code, you have an opportunity to repay your debts according to the terms of a plan which lasts between three to five years. For someone who needs a more manageable way to handle their obligations, Chapter 13 offers numerous benefits.

Keeping Your Assets

Unlike Chapter 7 bankruptcy which requires you to liquidate all non-exempt assets, Chapter 13 allows you to keep your property while repaying your creditors. If you have a home and want to avoid foreclosure, or need to keep your car from being repossessed you can negotiate a way to become current, Chapter 13 can be a good option.

Chapter 13 Offers an Alternative to Chapter 7

While Chapter 7 allows debtors to liquidate and discharge their debts, it is not available to all debtors. For those who do not qualify for Chapter 7 but still want to manage their obligations, Chapter 13 can be a positive alternative.

The Plan Can Give You Time to Regroup

Under Chapter 13, you will have a repayment plan for all of your qualifying debts. This plan will have terms which will be developed based on numerous factors such as your disposable income, sources of income, and proposed repayment amounts. You will have between three to five years to complete your plan during which you can reorganize your finances and work on improving your spending and saving habits.

You Can Save on Interest and Fees

One benefit of Chapter 13 is that once you begin your repayment plan, your debts will not accrue interest or incur late fees. Your repayment total will be approved by the bankruptcy court and cannot increase beyond your filing date.

Consulting with an experienced bankruptcy attorney will help you in determining if a Chapter 13 bankruptcy is right for your circumstances. We have the knowledge and experience you need to help explore and benefit from your Chapter 13 bankruptcy. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact .

Benefits of Chapter 7

Sun, 02 Oct 2022 03:04:00 GMT

When you are overwhelmed by debt, it can feel impossible to get ahead. As soon as you pay one bill, another seems to pop up in its place, and before you know it you have fallen so far behind that you can’t see an end. For someone in this circumstance, Chapter 7 bankruptcy can be a positive solution which offers welcome relief. Here are some benefits of benefits of Chapter 7 bankruptcy:

A Fresh Start

For those who qualify, Chapter 7 provides the debtor an opportunity to get rid of all of his or her qualifying unsecured debts. If you have significant obligations such as credit card and medical bills, this form of bankruptcy will allow you to be rid of them and get the fresh start you need.

The Automatic Stay

When you file for chapter 7 or 13 bankruptcy the “automatic stay” goes into effect. The automatic stay protects you from harassing debt collection efforts as well as other efforts by creditors. Having a break from your creditors hounding you gives you time to go through your bankruptcy in peace.

Fast Process

Chapter 7 permits a debtor to discharge their qualifying debt in as little as approximately 3-6 months. A Chapter 13 debtor will have to pay towards their repayment plan for 3-5 years. When you are ready to be rid of unwanted and unmanageable debt quickly, Chapter 7 can be a good option.

You Don’t’ Have to Surrender Everything

Chapter 7 does require that the debtor have all of their qualifying assets liquidated and have the proceeds used to pay their creditors and the amount of any eligible exemptions. However, some property will be exempt from the liquidation. When it comes to secured debt such as a home or vehicle, you have the option of surrendering your property or entering into a reaffirmation agreement. When you reaffirm your debt, you are basically promising to continue paying your creditor as agreed and you can keep your assets.

Chapter 7 bankruptcy can help you get a fresh start and be free of your qualifying debts. By consulting with an experienced and knowledgeable bankruptcy attorney, you can ensure you have the information you need to complete your Chapter 7 bankruptcy successfully. We have the experience you need and can help. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact .

Understanding Best Interest in a Child Custody Case

Sun, 02 Oct 2022 02:59:00 GMT

Determining how parents should structure parenting time and other essential parts of their custody plan is a complex process. While Michigan law supports child custody provisions which foster a child’s close relationship with both parents, it also requires a reviewing court to take the “best interest” of the child into consideration. Understanding best interest in a child custody case is critical.

Michigan Parenting Time Law

In Michigan, the law states that parenting time will be granted in accordance with the best interests of the child. The law also presumes it is in the best interest of children to have a strong relationship with both of their parents. However, if it can be demonstrated that a proposed parenting time term is not in the child’s best interest, it can be denied by the court. Further, if the term presents a danger to the child’s physical, mental, or emotional health, it won’t be approved.

Michigan Best Interest Law

The Michigan best interest statute lists several factors which a court is allowed to consider when making decisions which impact a child. The law provides a broad range of factors such as the closeness of the child to each parent and the length of time the child has been provided with a stable home. The court can also look at a parent’s willingness to encourage their child’s relationship with the other parent, their ability to provide the child with food, clothing, medical care, and their physical and mental health. One factor states that the court may consider a child’s preference if the court believes the child to be of an adequate age to express an opinion on the matter. The court may also look at incidences of domestic violence, the child’s home and school records, the composition of the family unit, and the moral fitness of the parties. In addition, the Michigan best interest factors allow the court to take anything else it believes to be relevant into consideration.

Applying Best Interest

The vast array of best interest factors give courts latitude to look into virtually every aspect of the parties’ lives. At the outset, the court wants to make sure that whatever parenting provisions are agreed to or ordered support the child’s relationship with their parents. The best interest factors also enable the court to evaluate the child’s circumstances and consider evidence that plan terms positively impact the child’s physical, emotional, and mental health. Therefore, it is important to be aware of these provisions and how they apply to your circumstances as you proceed through your child custody case.

Parenting time and other child-related matters can be complicated and challenging to present. That is why you need an experienced and dedicated family law attorney to help you prepare your case. We have experience with child custody and can provide you with the guidance you need regarding best interest and the other issues which pertain to your situation. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact .

Taking Care of Yourself During Divorce

Sun, 02 Oct 2022 02:52:00 GMT

Someone going through a divorce can feel like every aspect of their life has been abruptly upended. It can feel virtually impossible to summon the energy to meet the demands of daily life while enduring the ongoing stress created by the divorce process. At a time like this, it can be difficult to make yourself a priority. However, taking care of yourself during divorce is essential.

Start with the Basics

Knowing where to begin self-care can be overwhelming to someone going through this kind of experience. You may feel as if it is all you can do to keep up with the developments in your case and the impact that divorcing is having on your circumstances. Focusing on your most basic needs is a manageable way to begin. For instance, you need adequate nutrition and sleep for your body to function properly. If you are neglecting these areas, you can find it difficult to focus and remain rational. Further, poor sleep and diet can make you more susceptible to illness. Taking steps such as eating whole and nutritious foods rather than sugary or salty processed ones and getting to bed early are simple and immediate ways you can take action to regain your physical balance.

Ask for Help

Divorce can be psychologically draining even under the most amicable of circumstances. With your strength spent, you can be left feeling depleted of your emotional resources. This is the time to reach out to your support network for help. Having someone pick your child up from school or make dinner, for instance, can provide you with time to devote to other tasks or just take a much-needed break. You may also need to lean on those closest to you in order to feel supported. Sometimes, just having someone who cares about you listen can make all the difference. Don’t be afraid to ask others to be there for you.

Remain or Become Active

While you probably don’t feel like exercising right now, this is the time when physical fitness is needed most. Having an exercise routine can benefit you in numerous ways such as improving your mood, safeguarding your physical health, and providing stress relief. A short walk each morning or evening or taking a fitness class can result in these health benefits and become a daily practice in which you are engaging in deliberate self-care. Make this time about you and use it to recharge.

While divorce is stressful and painful, you can alleviate some of the negative emotions which come during the process by being mindful of your own well-being. We understand how difficult divorce can be and have experienced family law attorneys who can help. Contact us today to schedule a free consultation. http://bestmichiganlawyer.com/contact .

Is an Uncontested Divorce Right for Me?

Sun, 02 Oct 2022 02:45:00 GMT

When you are considering divorce, it may be that you do not anticipate having problems reaching an agreement with your former partner on the critical issues in the case. This could be for a host of reasons such as not having children, there being very few marital assets, or the marriage having been short-term. It may also be that the parties are committed to being collaborative with one another. In this situation, it may be appropriate to have an uncontested divorce.

The Michigan Divorce Process

The divorce process begins when one party files for divorce in a Michigan circuit court. Michigan law requires that in order to file, complainant or defendant have resided in Michigan for 180 days immediately preceding the filing of the divorce and that they or their spouse have been a resident of the filing county for ten days.

Michigan is a “no-fault” divorce state meaning that a party seeking a divorce does not have to show that the other party was to blame for the end of the marriage. The filing party is only required to plead and prove that the marriage has broken down to the point where the object of the marriage has been destroyed, and there remains no reasonable likelihood that it can be saved.

In a standard divorce, one party files and then has the other officially served. The receiving party has a certain number of days to respond or “Answer” and, if there are not children of the marriage, then the case can become final as soon as 60 days from the date the action was filed. If the couple had children, they must wait six months before the case can become finalized.

Uncontested Divorce

There are two different kinds of uncontested divorce: Default and Consent

A default uncontested divorce happens when one party files for divorce and the other does not officially respond in court. After a certain amount of time, the party who has not answered will have waived their right to respond to the case or be notified of any settings with the court. The filing party can then go to court and ask for a default judgment and request that their proposed divorce terms to be accepted.

A consent divorce is a divorce which is completed by the agreement of the parties and covers matters such as spousal support (alimony), time-sharing (custody), child support and division of the marital assets and debts. This type of divorce is ordinarily the product of negotiations between the parties.

Is Uncontested Right for Me?

When parties are amicable, and in agreement as to all significant issues, an uncontested divorce may make sense. One mistake people make when it comes to uncontested divorces is to assume that they can handle their case without counsel. There are several important issues which must be taken into consideration before concluding a divorce. Getting the advice of an attorney is vital. Otherwise, you could make mistakes which cause irreparable harm for many years to come.

Additionally, just because a case begins cooperatively does not mean that it will remain that way. A party will sometimes initiate divorce believing they are on the same page with their former partner only to find that they are in disagreement over important issues. At that point, the case which you thought was uncontested can become contested. Having counsel at your side will help ensure that you cover all the important issues in your case and are prepared for anything which may arise during the process.

Our office has knowledgeable and experienced family law attorneys who are prepared to advocate for you through every part of your divorce case. Please contact us online or by phone if we may be of assistance. http://bestmichiganlawyer.com/contact.

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