Frequently Asked Questions

Family Law FAQs

How long does a divorce take in Michigan?

In cases involving minor children, Michigan law generally requires a minimum six-month waiting period before a divorce can be finalized. Cases without minor children generally require a minimum 60-day waiting period. However, the overall timeline varies depending on the complexity of the issues and whether the matter is contested.

Is Michigan a no-fault divorce state?

Yes. Michigan is a no-fault divorce state, meaning that neither spouse is required to prove wrongdoing in order to obtain a divorce.

How is child custody determined in Michigan?

Michigan courts determine custody based upon the best interests of the child and consider a number of statutory factors relating to the child’s welfare, stability, relationships, and established custodial environment.

Can custody or parenting time orders be modified?

Yes. Under certain circumstances, custody and parenting time orders may be modified after entry of a judgment or prior court order.

What is the Friend of the Court?

The Friend of the Court is an office that assists Michigan courts with matters involving custody, parenting time, and support. Depending on the circumstances, the Friend of the Court may investigate issues, make recommendations, or conduct hearings regarding disputed matters.

Estate Planning & Probate Law FAQs

Do I need a will?

A will allows you to direct how your assets will be distributed upon your death and can help simplify estate administration for your loved ones.

What is the difference between a will and a trust?

A will directs the distribution of assets after death and typically goes through probate. A trust may allow assets to be managed and distributed outside of probate and can provide additional flexibility and planning benefits.

What is probate?

Probate is the legal process through which a deceased person’s assets are administered and distributed under court supervision.

What is a power of attorney?

A  power of attorney allows an individual to appoint another person to handle financial and legal matters if they become unable to manage those matters themselves.

What is a Lady Bird deed?

A Lady Bird deed is a type of enhanced life estate deed commonly used in Michigan estate planning to transfer real estate outside of probate while allowing the owner to retain control during their lifetime.

Business Law FAQs

What type of business entity should I form?

Common business structures include limited liability companies (LLCs), corporations, partnerships, and sole proprietorships. The appropriate structure depends upon liability concerns, tax considerations, ownership structure, and long-term business goals.

When should I consult an attorney regarding my business?

Business owners should consult with an attorney when forming a business, negotiating agreements, purchasing or selling a business, addressing disputes, or dealing with significant legal or operational issues.

Why are operating agreements important for LLCs?

Operating agreements help define ownership rights, management responsibilities, decision-making authority, and procedures for handling disputes or ownership changes.

Do I need an attorney to review a business purchase agreement?

Business purchase agreements often involve significant legal and financial considerations. Having an attorney review the transaction documents can help identify risks and protect long-term interests.

Real Estate Law FAQs

What is a land contract?

A land contract is a form of seller financing in which the buyer makes payments directly to the seller while obtaining possession of the property before full ownership is transferred.

What is a quiet title action?

A quiet title action is a legal proceeding used to resolve disputes involving ownership or title to real estate.

What happens if a buyer defaults under a land contract?

Depending upon the circumstances, sellers may pursue forfeiture, foreclosure, or other remedies under Michigan law.

Can real estate be transferred through a trust?

Yes. Real estate is commonly transferred into trusts as part of estate planning and probate avoidance strategies.

Criminal Defense FAQs

Should I speak with police if I am under investigation?

Individuals should carefully consider their legal rights and, generally, should consult with an attorney before making statements to law enforcement.

What happens after an OWI arrest in Michigan?

An OWI arrest may result in criminal charges, license sanctions, court proceedings, probation requirements, fines, and other penalties depending upon the circumstances and any prior offenses.

Will I lose my driver’s license after an OWI?

Driver’s license consequences vary depending on the specific offense, prior history, and whether chemical testing was refused.

What is “Super Drunk” driving in Michigan?

Michigan’s “Super Drunk” law generally applies when a driver’s bodily alcohol content is significantly above the legal limit and may carry enhanced penalties.

Can I refuse a breathalyzer or chemical test in Michigan?

Michigan’s implied consent laws may impose license-related penalties for refusing certain chemical tests following an arrest.