FAQs
This page contains answers to most of our most frequently asked questions. If you cannot find the information you are looking for, please call us and let us know how we can help.
This page contains answers to most of our most frequently asked questions. If you cannot find the information you are looking for, please call us and let us know how we can help.
In order to file for divorce, you have to prepare a summons and a complaint for divorce. In order to file for divorce, you must live in the state of Michigan for 180 days and the county in which you reside for 10 days preceding the filing. The complaint must allege that there has been a breakdown of the marriage relationship to the extent that objects of matrimony have been destroyed and there is no reasonable likelihood of reconciliation. There are several aspects of filing, including service, that are required by the Michigan court rules.
There are other issues that need to be addressed in the complaint, including custody, parenting time, child support, spousal support, and property division depending on what issue exists in your matter.
Once you are served with a summons and complaint for divorce, you have 21 days to file an answer to the complaint, either admitting or denying the allegations set forth in the complaint. If you are served by certified mail, you have 28 days to file the response. The answer must be served upon the plaintiff and filed with the court clerk in the county that it was filed.
Bankruptcy is a legal process, administered by the United States Bankruptcy Court, in which individuals and businesses can address burdensome debt in order to provide the filer a financial fresh start. Most bankruptcy filings fall into one of two bankruptcy chapters – a Chapter 13 reorganization or a Chapter 7 liquidation. Changes to the federal bankruptcy law in 2005 require potential bankruptcy filers to first examine – through a series of financial tests – whether a Chapter 13 bankruptcy filing is a viable option for the debtor, before the debtor may elect to file a Chapter 7 bankruptcy liquidation proceeding.
Please follow the links below for online legal resources:
There are 3 trial courts in Michigan: circuit court, district court, and probate court. The differences have to do with jurisdiction, which is the ability of a court to hear certain types of legal matters and the authority to issue binding decisions/orders in those types of matters. The jurisdiction of these courts is defined by statute.
Circuit Court
Circuit court in Michigan is a court of general jurisdiction, which means it has the broadest powers of the three trial courts in Michigan. The circuit court handles civil cases where the amount in controversy is over $25,000 and felony criminal cases. The circuit court also has a family division that hears cases regarding: divorce, adoptions, paternity, personal protection orders, emancipation of minors, name changes, juvenile offenses, delinquency, child abuse/neglect, child support, child custody, parenting time, treatment and testing of infectious diseases, and delivery of newborns. The friend of the court
The circuit court also has limited appellate powers. The court can hear appeals from lower courts, such as the district court or an administrative agency like the Department of Motor Vehicles. The judges in circuit courts are elected to six-year terms.
Here is a list containing some of the Southwest Michigan circuit courts:
District Court
District court in Michigan is a court of limited jurisdiction, which means its jurisdiction isn’t as broad as that of the circuit court. The district court hears all misdemeanor criminal offenses, landlord tenant matters, civil cases where the amount in controversy is above $5,000 and up to $25,000, some ordinance violations, small claims cases where the amount in controversy is less than $5,000, arraignments and preliminary examinations or probable cause hearings for felonies before they are bound over (sent to) circuit court, and the bulk of traffic offenses.
Some counties, including Kent County, have multiple district courts. District court judges are also elected to six-year terms.
Here is a list containing some of the Southwest Michigan district courts:
Probate Court
The probate courts in Michigan handle the administration of estates, wills, trusts, the appointment of a guardian or conservator, some adoption related matters, treatment for the mentally ill, and registration of foreign births.
Probate judges are also elected to six-year terms.
Michigan law requires that all vehicles have no-fault coverage. You are not able to collect certain types of damages such as pain and suffering, but you might be able to recover certain damages such as wage loss. Contact us for more information.
Chapter 13 is a bankruptcy that is used by regular wage earners to schedule and pay back creditors some or all of what is owed according to the approved 36 to 60 month bankruptcy plan. At the successful conclusion of the debtor’s Chapter 13 wage earners plan, the debtor is discharged from further liability to its unsecured creditors and those secured creditors whose obligations are not being assumed and continued.
Chapter 7 is a liquidation bankruptcy, often referred to as a “straight bankruptcy,” filed by both individuals and businesses, in which the Bankruptcy Trustee liquidates non-exempt assets and uses proceeds to pay a dividend to creditors as payment for some or all of what the creditor is owed. During the bankruptcy proceeding, as in Chapter 13, a debtor’s creditors are prohibited from taking legal action against the debtor (unless approved by the Court) and, at the conclusion of the Chapter 7 case, the debtor receives a discharge from all further unsecured debt and all secured debt that has not been reaffirmed.
A power of attorney is a written, legal document that states an individual has legal power to act on behalf of another person in the case that that person’s health prevents them from making decisions.
This is the legal process that occurs after someone dies, including proving a will is legal and identifying the deceased person’s property.
An estate is the property that you own which may include real estate, bank accounts, investments, insurance benefits, annuities, retirement plans, and other assets. Determining what this all includes is part of your estate planning, which is coming up with a plan for how your estate will be handled on the account of your death so that the State does not decide or control this for you. Gifts, wills, and trusts are all part of this process.