If there are any questions about your particular case, please feel free to contact our office.
"So, the fact that you could take what little I had, and make something out of it, was remarkable. If I ever need anything legally I will think of you. You were always caring, calm and in control so that I could pretend to be in control when underneath I was almost hysterical."Read more testimonials
If there are any questions about your particular case, please feel free to contact our office.
The big question to answer is whether the property marital or separate?
This is important because marital property is considered an asset of the marriage to be divided between the husband and wife and separate property will remain in one individual's sole possession. Marital property is property earned, bought or contributed to during the marriage. Separate property is property received as an inheritance or gift from a third party during marriage or property purchased by a party before the marriage. However, separate property if commingled loses it's identity as separate property and will be subject to division. Commingling can occur in a variety of ways. Thus, the court will consider if funds were contributed to a 401k during marriage, whether improvements were made to a marital home purchased before marriage, etc.
We've had a case where a home purchased before marriage was considered marital property due to the improvements made with marital assets.
Please contact us at 517.351.6222 or firstname.lastname@example.org to determine if that antique, inheritance or expensive gift is marital property and let us help you protect your assets?
- you are unmarried,
- you were married for ten years to your former spouse,
- you are atleast 62 years of age, and;
- your former spouse is enttield to Social Security Retirement or Social Security Disability.
First of all, if you are stopped by the police remain calm. If asked, submit to a PBT as failure to submit could result in being charged with a civil infraction. Most importantly don't consume any drugs or alcohol while a charge of MIP is pending.
The most common question I hear from students is can you keep this off my record. The answer is yes. Our firm has successfully had students placed in a Diversion Program which upon successful completion the charge for MIP I will be dismissed. Thus, a student will have no criminal record.
A second/third or fourth offense carries a stiffer penalty without the option of a Diversion Program. The penalties can include jail, participation in rehabilitation, communtiy service, probation and increased fines among other penalties. The Secretary of State has the right to suspend an individuals driver's license if convicted even if the offense was not committed while operating a vehicle.
Our office has successfully defended MSU students and kept their criminal records clean for decades. Our knowledge in this area as well as our holistic approach has allowed MSU students to keep their licenses and records clean. Even if you are facing your second MIP, don't fret, give us a call and see what our firm can do for you. Let our lawyers navigate you through the court process and put your mind at ease. Call us to schedule a free consultation at (517)351-6222 or email us at email@example.com.
If you are the father and your child does not have your last name you may be wondering if there is anything you can do about it. You can. The party desiring the child's surname changed must show it is in child's best interest under MCL 722.23 (Garling v Spiering, 203 Mich App 1, 512 NW2d 12 (1993).
If you have any legal questions please feel free to email them to firstname.lastname@example.org and the next blog may answer your question.
The hearing officer will not be concerned with hardships; for example, that the petitioner has a family to support, that there is a need to transport aging parents to and from medical care, that a license is necessary to obtain/ maintain employment, etc. Don't "waste" the little time you have at the hearing arguing hardships. Instead at the hearing you should concentrate on the following four factors:
1. Whether any substance abuse/ dependency problems that is now under control and will remain under control.
2. Whether there is a low or minimal risk of repeating prior abusive behavior relative to alcohol and/or controlled substance.
3. Whether there is a low or minimal risk of driving while impaired or intoxicated.
4. Whether the necessary period of abstinence has been maintained.
These factors must be shown by clear and convincing evidence. To optimize the probability of success a strategy should be developed prior to the hearing. Keep in mind, you must preserve the record for a possible appeal to Circuit Court at the administrative hearing so it is important to have representation who is familiar with the process.
For more information please contact us at 517.351.6222 or at email@example.com.
Following are a list of factors that indicate it is time to have support reviewed:
-parent has had a change in income or lost their job
-party received recent one time bonus
-change in cost of childcare
-either parent has other children who live in their home or for whom they pay support
-change in amount of spousal support paid or received by a parent
-parent pays/provides health insurance for child
-a parent provides much of the daytime care but does not exercise overnights
-change in number of overnights with a parent
Each situation is unique and requires individual review. Please contact us at firstname.lastname@example.org or at (517)351-6222 to answer questions regarding child support or to schedule a consultation.
If this is your 1st offense you maybe able to breathe a sigh of relief as MCL 7.694a(1) gives the court the authority to defer proceedings and place the accused on probation. Probation may include participation in drug treatment, counseling, fines and/or imprisionment of less than a year. If the accused successfully completes probation the court shall discharge the accussed from probation and dismiss the proceedings without adjudication of guilt or entering a conviction. IT IS IMPORTANT TO UNDERSTAND THIS CAN ONLY BE USED ONCE. If the accused is not offered the diversion program (as it is offered at the discretion of the prosecutor and court) then a 1st offense is considered a misdemeanor punishable by 93 days in jail and/or a fine of $500 or less.
If this is your 2nd offense a conviction may result in imprisionment of less than a year and/or a fine of $1000 or less. A 3rd offense is a felony punishable by a fine of $2500 or less and/or imprisionment up to 2 years.
If charged with Domestic Violence it is important to hire representation to advocate keeping a possible conviction off your record. Our attorneys have successfully kept this stigmatized conviction off client's records through MCL 7.694a or negotiating plea agreements for Disturbance of the Peace or other less stigmatized misdemeanors. Our attorneys are also experienced, successful trial attorneys who offer aggressive representation to every client. As each case deserves it's own strategy tailoring to the specifics involved contact the attorney's at John W. Bissell, P.C. (517.351.6222) for a free consultation to best advise you on your unique situation.
However, there is one exception to this rule provided for by MCL 552.603b which permits a court to retroactively correct a child support amount "[i]f an individual who is required by the court to report his or her income to the court or .... [FOC] knowingly or intentionally fails to report, refuses to report, or knowingly misrepresents that income". Our firm used this statute to obtain a nearly $4000 credit to a client's support arrearage because the payee had failed to notify the court that the child was no longer enrolled in a childcare program. It should also be noted that the same retroactive modification issues could be triggered if either party fails to notify the court or FOC of an additional source of income or raise.
Please contact us with further questions on this issue at 517.351.6222 or email@example.com. Please view our website at jwbissell.com.
First, any property, assets or debt accumulated during the time you are legally married can be considered marital. This includes any accumulation of monies in a 401(k), retirement account or pension. Even debt incurred by a spouse for gambling, frivolous items or necessities may be marital. I have even seen a case where one spouse racks up enormous debt and because the parties were legally married (even though living separate lives) those debts were marital and the other spouse was liable. Yes, there are arguments on both sides and ways to lessen the impact or get around those pitfalls. However, it is important to understand the issues waiting can pose which all could be avoided if a divorce is filed quickly.
Secondly, waiting can impact which state has jurisdiction to make an initial child custody determination in a divorce action. If a child moves out of state with a parent after separation for a period of six months this can create problems under the Uniform Child Custody and Jurisdiction Act as the child may have a new "home state" for jurisdictional purposes when it comes to making an initial determination regarding custody and parenting time. It is always best to nip these issues in the bud immediately to ensure a parent does not go months or years without contact with their child and to put an order in place which reflects the best interest of the child.
Thirdly, a divorce can be a means to provide closure and allow parties to move on.
While divorce is not an easy decision waiting can have a significant financial impact, potentially jeopardize a parent's relationship with their child and impact which state is the "home state" which ultimately decides issues of custody. If we can be service to you in handling a criminal, license restoration, owi, divorce, custody, support or family law issue please do not hesitate to contact our office.
Please visit our website jwbissell.com, email me at firstname.lastname@example.org or contact us by phone at 517.351.6222.
It should be noted due to a recent change in case law that the term resident only requires that the party live in the state/county for the required period; the present intent of a party to remain permanently and indefinitely is no longer required. It is less relevant where the person votes, where their driver's license is issued or where they receive mail; the party is just required to reside in the state/county for the required period.
Also, in military cases (where people are deployed) we are often asked if they can file for divorce while stationed outside of the state. The answer is yes. Military personnel under the Service Members Civil Relief Act and their spouses under the Military Spouses Residency Relief Act (MSRRA) have the ability to claim a home state regardless of where they are stationed and if Michigan is their home state then Michigan will have jurisdiction over any divorce action.
Joint physical custody must be considered by the court if requested by either parent or may be considered on the court's own initiative. MCL 722.26a(1). For joint custody to be successful the parents must have the ability to cooperate and "generally agree" on decisions regarding the child. MCL 722.26a(1)(b).
We have found that for joint custody to work the parties must have the ability to co-parent, live in close proximity to each other and the parents must be willing to foster a healthy relationship with both families as well as have similar expectations for that child. Joint custody is not for every family and is generally unsuccessful in high conflict cases but it does work great for some. Joint custody schedules can vary immensely in each case. Some joint custody schedules provide for one parent to have custody during the school year with the other parent exercising parenting time during alternating holiday breaks and the entire summer vacation. Still other families prefer the traditional week on week off schedule. Other families rotate on a three days on and three days off schedule (or any number of days) and still some alternate every other day.
If you think joint custody is best for your child, contact us so we can help you find a unique schedule that fits the needs of your family.
- The love, affection and other emotional ties existing between the parties and the child,
- The capacity and disposition of the parties to give the child love, affection and guidance and to continue the education and raising of their child in their religion or creed,
- The capacity and disposition of the parties to provide the child with food, clothing and medical care,
- The length of time the child has lived in a stable and satisfactory environment with the party and the desire to maintain that,
- The permanence of the family unit,
- The moral fitness of the parties,
- The mental and physical health of the parties,
- The willingness and ability of the parties to encourage a close parent child relationship with the other parent,
- Any domestic violence that has occurred involving the parties or to which the child was exposed,
- Any other relevant factor,
- The home, school and community record of the child; and,
- The reasonable preference of the child if the child is of a sufficient age to communicate a reasonable preference.