FAQ

Divorce/Family Law

Am I entitled to alimony or spousal support?

In Michigan, a court will consider many factors in deciding whether to award alimony or spousal support including the length of the marriage, the relative income levels of the parties, the other assets of a party, and issues such as “fault.” The idea behind alimony/spousal support is to enable a spouse to survive post-divorce and re-establish themselves once the divorce is final. A client’s individual facts and circumstances are critical to these considerations. Call today for a free consultation.

Can I change the custody and/or parenting time involving my children after I am divorced?

Michigan courts always look to the “best interests of the child” when faced with cases involving minor children. That said, there are some standard rules that apply in custody cases. Typically, the court may modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances. If you can prove “proper cause” or a “change in circumstances”, then the court will re-evaluate the best interests of the child factors. Assuming a party can prove that it would be in the best interests of the child to change or modify custody, a court should consider granting that relief.

Estate Planning/Probate Law

I don’t have an estate, why do I need to plan?

First, everyone has an “estate.” Obviously, some have larger estates than others. The less you have, the more important it is to properly plan your estate so that more of what you have worked so hard to accumulate during your life ends up with those you would like to receive it. Failing to Plan your Estate, is Planning to Fail. Call today for a free consultation.

Can I draft my own documents and sign them from preprinted forms found on the Internet?

Yes, of course. However, are you certain that you have done everything properly so that all of your goals and objectives are guaranteed to occur? Are the documents you signed compatible with one another? Are they legal in your State? Are you willing to take the risk that your property and money won’t go to the individuals you want it to, and that your loved ones may be left with a legal mess to untangle once you are gone? Estate planning is one of those areas where you shouldn’t gamble. Call today for a free review of your situation.

Business Law

I already filed my Articles with the State. What else do I need to do?

A corporation or limited liability company is formed by the submission of “Articles” to the State. If that is all you do, you may not be protected. A main goal of business owners is to limit their own personal liability and not subject their personal assets to the businesses’ creditors. A properly formed company will meet all legal requirements and satisfy all formalities to insure that it is a separate legal entity from that of its owners. We can assist you in making sure your company is properly formed and all formalities are met. Call today for a free review of your company’s status and corporate records.

Criminal Law/OUIL/OWI/DLAD Appeals

If I am stopped by the police, do I need to take the breathalyzer?

No, however if you refuse a breathalyzer test, the State may suspend your driver’s license as a result of that refusal and the police can still secure a blood sample from you in order to determine your blood alcohol level. Anytime you are faced with criminal charges, whether drinking and driving or otherwise, you need an attorney on your side. Call today for a free consultation.

The State has revoked my driver’s license. What now?

Driver’s license appeals are typically handled at the State of Michigan level, not the local courts. There are specific requirements that must be met in order to restore driving privileges, and usually only one appeal per year is permitted. We have extensive experience in driver’s license appeals and restoration matters. Maximize your chances of getting your license back. Call us for a free review of your driving record and advice regarding your DLAD appeal.