Family law Archives - MI-Law https://www.michigan-lawoffice.com/category/family-law/ Your guide to Michigan's legal matters Thu, 24 Aug 2023 12:01:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.3 https://www.michigan-lawoffice.com/wp-content/uploads/2023/08/MI-Law-150x150.jpg Family law Archives - MI-Law https://www.michigan-lawoffice.com/category/family-law/ 32 32 Wills, Probate Law and Estate Planning in Michigan https://www.michigan-lawoffice.com/wills-probate-law-and-estate-planning-in-michigan/ Sat, 30 Apr 2022 10:43:00 +0000 https://www.michigan-lawoffice.com/?p=23 Inheritance planning plays a key role in ensuring financial security and the fair distribution of assets after death. The state of Michigan has certain laws […]

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Inheritance planning plays a key role in ensuring financial security and the fair distribution of assets after death. The state of Michigan has certain laws and mechanisms that govern the processes of wills, probate law, and estate planning. In this article, we will examine important aspects of these issues in the Michigan context.

Wills: securing a will to care for an estate

A will is a document that allows you to determine how your estate will be distributed upon your death. Michigan probate law requires that a will be in writing and signed in front of two witnesses. A will may also include the appointment of a guardian for minor children or family members with disabilities.

Inheritance law: distribution of property without a will

If a person dies without a will, his or her estate is distributed according to Michigan inheritance laws. Michigan law determines what property will go to the next of kin and in what shares. It is important to remember that inheritance laws may not always match your preferences, so drafting a will may provide a more accurate distribution of assets.

Inheritance planning: ensuring financial security

Inheritance planning includes not only wills, but also other tools such as a power of attorney for medical decisions and a power of attorney for financial affairs. It also includes assessing tax implications and developing strategies to minimize the inheritance tax burden. A well-planned inheritance can provide financial stability for future generations.

Finding help

Inheritance planning is a complex process that can involve many legal and financial aspects. Contact an attorney who specializes in inheritance law for personalized advice and assistance in creating an inheritance plan that meets your needs.

Wills, probate law, and estate planning are integral to ensuring future financial stability and fairness in the distribution of assets. Knowing local laws and regulations, and consulting with an expert, can help you create a solid inheritance plan that fits your values and needs.

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Michigan Consumer Protection: Safeguards for Purchases, Contracts, and Returns https://www.michigan-lawoffice.com/michigan-consumer-protection-safeguards-for-purchases-contracts-and-returns/ Sat, 18 May 2019 01:05:00 +0000 https://www.michigan-lawoffice.com/?p=17 Consumer protection plays an important role in ensuring fairness and reliability in the marketplace. The state of Michigan has laws and regulations that ensure consumer […]

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Consumer protection plays an important role in ensuring fairness and reliability in the marketplace. The state of Michigan has laws and regulations that ensure consumer rights when shopping, contracting, and returning goods. In this article, we will look at key aspects of consumer protection in Michigan.

Consumer rights when shopping and contracting

When shopping or contracting in Michigan, consumers have the right to clear and accurate information about the goods and services they are buying. Sellers are required to provide a fair description of the goods and include all material characteristics. If a seller knowingly gives false information or conceals important facts, consumers can seek protection of their rights.

Right to return and exchange goods

Michigan law also gives consumers the right to return or exchange merchandise if the product is defective or does not meet the advertised specifications. Depending on the store or retailer’s policy, there are certain time frames for making a return or exchange. It is important to keep receipts and purchase documents to have proof.

Protections for online purchases

Consumer protection laws also apply to online purchases. Virtual stores are also required to provide accurate information about products and services. Consumers have the right to cancel an order within a certain period of time after receiving the product, as well as to return the product if it is not as described.

Seeking help

If your rights as a consumer have been violated or you have encountered problems when purchasing or returning goods, it is important to know that you have the right to defend yourself. Contact lawyers and organizations that specialize in consumer protection for advice and assistance.

Consumer protection in Michigan provides a strong insurance shield for consumers by ensuring fair and honest shopping practices. Knowing your rights and responsibilities when shopping, contracting, and returning goods helps ensure safety and trust in the marketplace.

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Michigan Family Law Overview: Divorce, Custody and Child Support https://www.michigan-lawoffice.com/michigan-family-law-overview-divorce-custody-and-child-support/ Fri, 15 Dec 2017 23:26:00 +0000 https://www.michigan-lawoffice.com/?p=14 Family law plays an important role in people’s lives when it comes to divorce, child custody, and child support issues. In the state of Michigan, […]

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Family law plays an important role in people’s lives when it comes to divorce, child custody, and child support issues. In the state of Michigan, like everywhere else, family law has its own peculiarities and nuances. In this article, we will look at the key aspects of family law in Michigan and what you should know if you are facing these situations.

Divorce in Michigan: procedure and property division

The Michigan divorce process begins with filing a lawsuit in court. The state of Michigan is a “mixed” state in terms of divorce, where the court can take into account both fault and no-fault in the breakdown of the marriage when making decisions about property and child division. If the divorce is agreed to, the court can approve the division of property and settled custody issues.

What is the difference between judicial divorce (contested divorce) and consensual divorce?

When both husband and wife voluntarily agree on all aspects of the divorce, including division of joint property, child residence and visitation, child support and ex-spousal support, or are able to sign a separation agreement, their divorce is considered a consensual divorce. On the other hand, when spouses are unable to agree among themselves on all aspects of the divorce and separation, and require the court to make appropriate decisions on the above aspects of the divorce, they are forced to deal with a judicial divorce. On the practical side, a judicial divorce requires much more work, usually takes longer, and generally costs more.

Child custody: factors and decisions

When deciding how to allocate child custody, the court will look at the “best interest of the child.” Parents may agree on shared custody or unilateral custody, considering factors such as the desire and ability of each parent, stability, and the environment provided by each parent.

Legal custody means the right to make decisions, not the right to spend time with the child. The parent with sole legal custody has the right to make most of the decisions about the child’s upbringing if both parents cannot agree on the decision. If parents have agreed to joint legal custody, they have essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Whether your spouse has sole legal custody, or you both do, you still have the ability to see your child as your schedule allows. Visitation with the child is usually not contingent on legal custody rights.

Child support: calculation and modification

Alimony (alimonies) are payments that one spouse may be obligated to pay to the other after a divorce. In Michigan, the court considers the financial circumstances of both parties when determining the need for and amount of alimony. Alimony can be temporary or permanent, and in some cases can be reviewed by the court when circumstances change.

The State of Michigan offers a formula for calculating the amount of child support to be paid by a parent as outlined in Family Code section 240(1-b). This is a rather complex piece of law that must be read and interpreted carefully to accurately calculate the amount of child support. Generally, after the allowed deductions from a parent’s total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under age 21:

  • 17% for one child,
  • 25% for two children,
  • 29% for three children,
  • 31% for four children, and
  • 35% for five or more children;

It is necessary to carefully and accurately interpret the statute to accurately calculate child support, as there are many factors and conditions spelled out in the law that affect these calculations.

Family law in Michigan requires careful study and understanding, especially in the case of divorce, child custody and child support issues. Consulting with an experienced family law attorney can help you understand your rights and responsibilities under Michigan law. It is important to remember that each situation is unique, and it is recommended that you obtain individualized counseling to make the best decisions for you and your loved ones.

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