MICHLAW

UPSIDE DOWN?

2011-11-29T10:44:00.001-05:00

http://www.legalknol.com/family-law-and-divorce/no-credit-for-negative-equity-in-michigan-divorce-cases

Good resource which describes the biggest issue in most Michigan Divorce cases what happens when biggest marital asset is liability with no liquid value.

www.lawcpg.com

DEAL WITH TOUGH ISSUES BEFORE ITS TOO LATE

2011-03-23T13:46:00.002-04:00

A power of attorney, or POA, gives the person whom you designate (called your agent) the power to make specific decisions for you on such things as the power to mortgage, sell, or dispose of any real or personal property without advance notice to you or approval by you.

You can also grant your power of attorney to make banking decisions and life insurance, business insurance, claims and litigation, personal relationships and affairs, taxes and much more.

There are two types one that takes effect immediately called a durable power of attorney, and one called a springing power of attorney which only comes into play once an event occurs usually when a doctor deems one mentally incapable of making decisions on there own.

You should take a look at those who are close to you and whom you feel would use the power to look out for your financial issues and not be susceptible to taking advantage of their power. Maybe you have a child or close friend who is an accountant by trade or runs a business.

Hospitals are a difficult and maddening maze to traverse. You see, the elderly have it particularly difficult in a hospital environment. Confusion will set in for most elderly patients: confusion as to what ails them, unfamiliar hospital staff, new environments, foods that may not agree with them, new drugs that may have problematic side effects, and even language barriers.

Having a properly executed patient advocate can help alleviate these issues and make sure that health professionals carry out your wishes if your are incapacitate or unable to communicate your wishes.
Questions you should ask yourself include: 1. Whom do I want to make decisions about my health care? 2. Is quality of life more important than quantity of life? 3. How important is physical and/or mental functioning in decisions to accept, refuse, or limit medical treatment? 4. What are my spiritual beliefs and how do they fit with my choices? 5. Are food and water basic human rights, regardless of delivery (tube, mouth, or vein)?
If you have questions about patient advocates you should talk to your doctor.

Both a power of attorney and patient advocate can grant powers to people close to you whom you wish to speak on your behalf. If you have a long term domestic partner but for whatever reasons you have not married, a power of attorney and patient advocate can grant that special person family like powers they would have without these documents under the law to help protect your health and finances. It also helps deal with fights that your children and siblings may have trying to ascertain your wishes on your healthcare.

Many people wait until it is too late to get these documents in place and families are then forced to open up a guardianship and/or a conservatorship. Sometimes a persons wishes about who makes the decisions and what guidance or parameters are in place to guide those people. This goes for young people who seem indestructible but a head on collision with a car can cause you to be incapable of making your wishes known.

A few years ago there was a case that made the national news when a young lady was incapacitated and a fight over her condition was played out on the nightly news. In that case the poor young woman did not have a patient advocate to declare how her condiiton should be dealt with and a fight in the media was played out between the husband and the young woman’s family. If there had been a proper patient advocate in place, all the issues between the husband and family could have been solved in the probate court.

More than finances in my practice as a lawyer, I have seen deciding who makes health decisions for mom and/or dad destroy families and cause unneeded stress and acrimony during difficult times. Take the time to reach out to different resources in your community and put these documents and plans in place before it is too late.

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CHILD SUPPORT FOR THE CHILDREN'S NEEDS

2011-02-12T14:31:00.000-05:00

Good article discussing that child support is there for the support of the child.

http://www.huffingtonpost.com/bill-swadley/the-intention-of-child-su_b_818993.html

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ARTICLE ON MICHIGAN DIVORCE LAW AND LOTTERY WINNER

2011-02-11T15:17:00.001-05:00

http://detnews.com/article/20110120/OPINION03/101200394/Better-to-live-in-Mich.-if-you-win-the-lotto-and-never-divorce-scuzzball-hubby

FACEBOOK DIVORCE NO-NO!

2010-07-05T16:58:00.001-04:00

http://www.freep.com/article/20100705/FEATURES14/7050302/1322/Divorce-attorneys-Watch-Facebook-posts

Not only is this not good for your divorce case, people need to consider employers and others who may run a google search on you. Be careful you don't lose your children or an opportunity for a good job over nonsense.

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WAIVE GOOD BYE TO CHILD WAIVERS

2010-06-22T09:35:00.004-04:00

http://www.michbar.org/opinions/supreme/2010/061810/46123.pdf

New decision comes down from the Michigan Supreme Court stating that parents have no authority to waive a child's rights to sue based upon common law.

Wow schools are shaking in there boots and insurance companies are licking their chops!

FINANCES CAN DESTROY A MARRIAGE

2010-06-16T14:23:00.001-04:00

http://finance.yahoo.com/career-work/article/109813/when-fights-over-money-ruin-marriages?mod=family-love_money

You may want to discuss these things before you go down the aisle and consider a prenuptial agreement.

www.lawcpg.com

DON'T RUIN YOUR WEDDING DAY

2010-05-28T12:01:00.003-04:00

This post comes from a personal story. My sister found a shady flower lady for her wedding. As part of the contract with her, my sister paid the entire payment up front.

Occasionally common sense and contract law should meet. If you pay some up front you protect yourself if the product is bad and or if the other party breaches the contract.

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NUMBER 5 REASON FOR BANKRUPTCY IS DIVORCE

2010-03-23T13:12:00.003-04:00

http://finance.yahoo.com/banking-budgeting/article/109143/top-5-reasons-why-people-go-bankrupt?mod=bb-checking_savings

In today's economy this is the unfortunate reality that bankruptcy and when to file and who takes what debt is a huge issue.

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FIGHT FAIR AND SAVE YOUR MARRIAGE

2010-03-01T23:03:00.001-05:00

http://www.freep.com/article/20100228/FEATURES14/2280334/1218/Features14/Fighting-fair-keeps-marriages-on-track

Great article on how to fight fair with your spouse and maybe save your marriage.

DEBTS v ASSETS

2010-02-04T08:14:00.001-05:00

http://www.time.com/time/magazine/article/0,9171,1853311-2,00.html

Great article in Time magazine discussing issues with most divorces in this bad economy and dividing up debt and not assets.

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PROTECTING YOUR ASSETS

2010-02-01T08:35:00.003-05:00

Article on alternatives to marriage and protecting each party when the realtionship ends. Also important to the Gay Community in Michigan given the fact they currently unable of marring. Contract law and estate planning are ways to protect your loved one.

http://www.freep.com/article/20100131/FEATURES14/1310349/1218/Features14/Living-together?-Put-it-in-writing

www.lawcpg.com

HOLIDAYS AND DIVORCE

2009-12-20T14:42:00.003-05:00

http://www.freep.com/article/20091220/FEATURES14/912200310/1025/features/Divorced-on-Christmas

Good article about Divorce and its the issues children have when the holidays give rise to new traditions.

Coming from a divorced family when I was 2 years old, I can tell you its important for you and your ex to focus on the children and create stability for every holiday and new traditions with Mother and Father.

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TIGER'S PRE-NUPTIAL

2009-12-03T08:07:00.002-05:00

http://wcbstv.com/sports/tiger.woods.affair.2.1346199.html

Looks like Tiger Woods stands to set a divorce record for settlement at potentially $300 million.

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MODIFY SUPPORT NOW

2009-11-02T07:39:00.002-05:00

http://www.detnews.com/article/20091102/METRO/911020336/Michigan-child-support-pleas-flood-courts

Good article about South East Michigan's current economic status and its effects on child support.

If your laid-off today file your motion to modify tomorrow.

www.lawcpg.com

THE LAW IS AN ASS!

2009-09-30T15:33:00.003-04:00

http://news.yahoo.com/s/ap/20090929/ap_on_re_us/us_baby_sitter_backlash_mich

This story is unbelievable but happens often when the Legislature tries to protect people but goes a step too far.

What is even better is I heard a legislature on the radio telling the host that Ms. Snyder could still watch after the children just to make sure she does it outside!! Its Michigan and its staring to get cold!!

PRE-NUP A MUST!

2009-08-09T22:08:00.001-04:00

http://www.freep.com/article/20090809/FEATURES14/908090337/1218/Features14/Poll--Most-would-marry-for-money

After reading this article its clear that people need pre-nups they are not just for multi-millionaires anymore. Set your rights from the start.

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HELP COPING DURING DIVORCE

2009-07-26T21:22:00.002-04:00

http://www.freep.com/article/20090726/FEATURES14/907260316/1218/FEATURES/Keep-divorce-issues-and-work-life-separate

The above is a great article for those who are having a difficult time with divorce and the sometimes long process.

I would also suggest trying to exercise to deal with the stress on your health divorce can take.

www.lawcpg.com

JON AND KATE PLUS 8

2009-05-26T14:26:00.003-04:00

http://www.divorce360.com/divorce-articles/cheating/causes/are-you-the-cheater.aspx?artid=923

Interesting article about the circus that has become the reality show on TLC Jon and Kate Plus 8. Like all good things in life it appears marriage is something that men and women both must work on to keep it interesting and beneficial to each on an emotional and physical level.

Men and women are different and seek different things and unfortunately both sides miss sometimes what the other is looking for and you fall into that downward spiral towards divorce.

Unfortunately people see divorce as the easy way out and this is why I always encourage my clients to see if they can reconcile, especially when there are children involved.

http://www.lawcpg.com/

DIVORCE WITHOUT THE NASTY

2009-04-24T21:17:00.001-04:00

http://www.collaborativepracticemi.org/collaborative_advantages.php

This is a great resource to explain what a collaborative divorce is and how it may be the right option for you. Less acrimony and more cooperation will help you get what is best for you and your children.

www.lawcpg.com

PLAN FOR THE END!

2009-03-20T22:57:00.002-04:00

The big news this week was the tragic death of Natasha Richardson. Fortunately for her she had planned out how to deal with her condition if she became brain dead.

Its never too early to plan for this with a health care power of attorney or a patient advocate. Have these things in place if God forbid something tragic like what happened to her would happen to you. It helps make it easier on the family you leave behind and in case there is a disagreement amongst your family members.

www.lawcpg.com

A HOUSE DIVIDED IS A MUST TO SURVIVE

2009-02-20T13:49:00.003-05:00

http://buzz.yahoo.com/article/1:y_featured:e0ae47d471fcedb0def1bc01c7beddbd;_ylt=AiJKmPaYYetQ6ZIqg0QYfdoazJV4

Addressing my last post here is an ABCNews story and this could be the new answer to tough questions. The effects on the children may be need to addressed through counseling.

Watch this trend in 2009 may be the only way to save the families economic standing.

The biggest asset in most of these long term divorces are the marital home that is upside down and only one couple if the couples are lucky can handle the mortgage payment.

www.lawcpg.com

WORK THINGS OUT IN 2009

2008-12-29T23:01:00.003-05:00

This article was recently in the Detroit Free Press and talks about the how the severe economy in South East Michigan is causing people to reconsider divorce.

The realty of the situation is that divorce especially when children are involved you take one economic situation stretch it to the max and make two new situations.

This is why I always advise couples to seek counseling and other means of repairing their relationships and to attempt to reconcile. It is usually in both parties best interest to work out differences and especially the children's.

http://www.freep.com/article/20081221/NEWS05/812210396

http://www.lawcpg.com/

NO EXCUSE FOR FALSE ABUSE

2008-11-30T15:36:00.000-05:00

I came upon an interview with a gentlemen by the name of Dean Tong who was on the Frank Beckman show on WJR last week. The fill-in host spent the entire show talking about abuse.

Mr. Tong was on his show and discussed what appears to be a troubling issue in domestic relations cases and that is false accusations of child abuse. I don't want to comment about the situation but only that it has been an issue for many fathers. I included a ling to his website and think it is a great source for those cut up in this situation.

I encourage anyone involved in an abuse situation to check out his website.

http://abuse-excuse.com/

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COLLABORATIVE DIVORCE ARTICLE

2008-09-23T11:22:00.000-04:00

http://www.roanoke.com/editorials/wb/177716

This article is great about a new way of divorce law that is sweeping South East Michigan and especially Washtenaw County.

PUTTING RELATIONSHIP BACK IN BUSINESS

2008-09-19T22:52:00.000-04:00

Whether your business is 30 years old or you are starting today, you need two things a good accountant and a good attorney.

When looking for people to help start and grow your business look for people who work hard, are honest, and won't nickle and dime you. If you get charged for a two sentence email you may want to reconsider. Especially for attorneys ask about pre-paying for hours at a lower rate a good investment for a business and the attorney.

Look for an attorney with a business background or even an MBA. Be honest and look to grow together.

www.lawcpg.com

BUSINESS MAN'S BEST FRIENDS

2008-07-31T20:12:00.000-04:00

A good accountant and a lawyer who understands your business and can help you use the law to your advantage.

There are many struggling businesses in South East Michigan and one of them is the real estate industry. People are needing to do creative things with the inventory of unsold homes and foreclosures.

One way out is to rent your home until the market gets better. Amateur real estate business people need to realize that tenants can cause problems and even destroy your house. The unwary don't realize that there are several strict landlord tenant laws and procedures which can cause you problems.

Contact an attorney hire them for an hour or two if you want and have them explain the proper procedures to have in place so you don't rent yourself a future lawsuit.

http://www.lawcpg.com/

REAL ESTATE TITLE IS IMPORTANT

2008-06-24T09:14:00.000-04:00

I saw this article in the Sunday Freep and thought I would post a link to it here:

http://www.freep.com/apps/pbcs.dll/article?AID=/20080622/BUSINESS04/806220540/1017

The concepts discussed here are important to think about and more importantly should be contemplated when you are engaged and purchase property with your fiancee. Things happen and people break up and move on and this can be difficult and costly when you own property as joint tenants with rights of survivorship.

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ESTATE PLANNING FOR YOUNG ADULTS

2008-06-04T19:09:00.000-04:00

I recently had a new client come to me with an interesting idea. I try to encourage all people to start planning and accessing their estate plans early in life. This client's son has just turned 18 and his heading off to college.

The father wants to put into place a patient advocate for health care decisions because once your child turns 18 they are in control of there health care decisions. His thinking is refreshing because God forbid his child gets injured away at college at least there would be a mechanism in place to make decisions if he is incapacitated.

Most estate planning documents can be changed so upon his son getting married the designation can be changed. Its never too early to start accessing your estate plan!

DATING AFTER DIVORCE

2008-04-02T23:18:00.000-04:00

Saw an interesting article in The Detroit News about newly single fathers and the issues when they start dating again.

http://www.detnews.com/apps/pbcs.dll/article?AID=/20080402/LIFESTYLE06/804020413/1005/LIFESTYLE

Certainly also an issue for single Mothers. Need to discuss and be mindful of especially young children's feelings on these tough issues.

http://www.lawcpg.com/

OPPORTUNITY LOVES COMPANY

2008-03-31T09:00:00.001-04:00

Interesting article about the Foreclosure Tour Bus. A couple of local Realtors Pat Teeley and Jeff Reiter are helping people make lemonade out of the many lemons on the market.

http://www.detnews.com/apps/pbcs.dll/article?AID=/20080329/METRO/803290332

Should be interesting the next 12-18 months to see what happens with the South East Michigan Home market and when it will start to rebound. Many people have needed to do some creative financing and selling to get out of their house.

http://www.lawcpg.com/

LANDLORD TENANT

2008-03-26T20:23:00.000-04:00

I post today for all you Landlords out there. I encourage all of you to contact a lawyer and make sure when you have a new tenant that you follow the procedures under Michigan's Deposit Recovery Act.

There are a certain amount of things you must do at the outset of the lease so that you can keep the deposit if you are not paid rent and or there is damage done to the property. Not following the proper requirements you could waive your right to the deposit or have to pay damages to the tenant for violations.

As part of you small business inner circle find a good attorney who can help make sure you are following all the requirements under Michigan Landlord Tenant Statute.

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CONDO ARTICLE

2008-02-12T19:45:00.000-05:00

http://www.freep.com/apps/pbcs.dll/article?AID=/20080210/BUSINESS04/802100522/1017

Great article that discusses some things you should consider when you purchase a condominium. Make sure you understand what a condo is and the idea of community ownership.

Read through homeowner association agreement and all the things you can and can't do.

http://www.lawcpg.com/

GREAT ARTICLE ABOUT MARRIAGE AND FINANCES

2008-01-29T22:45:00.000-05:00

http://biz.yahoo.com/ts/071024/10386111.html?.v=2&.pf=

I found this article and thought it was great about finances and getting married. As a Family Law Attorney Finances is one of the biggest reasons that people get divorced. If you have assets you may want to consider a Pre-Nupital agreement.

www.lawcpg.com

SAVE ON YOUR LEGAL FEES

2008-01-28T08:12:00.000-05:00

Right now South Eastern Michigan and the State as a whole is struggling. This is why when drafting a contract you may want to think about the terms and opportunities to terminate these contracts for economic reasons without breaching it.

I preach that you need to develop a close inner circle of business advisers whether bankers, accountants, and or lawyers who can help protect yourself and your business. Your brain trust is extremely important as your business grows and encounters new markets and opportunities.

Here is a brief list of 5 easy things to help reduce your need for legal services in 2008 and beyond.

1.Get all important transactions (contract) in writing signed by the party to be charged with the obligation.

2.If you have partners in your business have a buy sell agreement in place for when the relationship ends.

3.Keep accurate records.

4.Request non-compete clauses from your key employees.

5.Do not use cash as a method to pay any important obligation of your company.

If 2008 is the year to start your business here in South East Michigan, start putting together your brain trust of bankers, lawyers, and accountants. http://www.lawcpg.com/SmallBusiness.html

NEW YEAR'S BUSINESS RESOLUTIONS

2008-01-08T22:40:00.000-05:00

This is the year to take your business to the next level. We as business owners need to do a self-assessment and look where we were last year and where we want to go in '08.

Right now South Eastern Michigan and the state as a whole is struggling. This is why especially when drafting a contract you want to be careful about the terms and opportunities to exit early some of these contracts. The economy and how your business is going is certainly a way to protect your company.

Contact a Business Lawyer and have them look at all your contracts and even see if the can be renegotiated to protect you from going under.

http://www.lawcpg.com/

DIVORCE BAD FOR THE ENVIRONMENT

2007-12-03T22:52:00.000-05:00

This article is extremely interesting about the effects of divorce on our environment.

news.yahoo.com/s/livescience/20071203/sc_livescience/divorcesquandersearthsresources

I think it is bit of a stretch but clearly divorce changes everything that stands in its way. My advice is divorce takes a single family and makes it two when you have children and parents need to come together for the greater good.

FORECLOSURE FIESTA

2007-11-28T22:36:00.000-05:00

Every week there seems to be more and more news of the foreclosure crisis in Michigan. This week Free Press Sunday paper had 3 sections of Wayne County Notice of Foreclosure on Taxes. Some are making lemonade out of the lemons and using this crisis to make money or state a real estate business.

You may want to contact a Real Estate Lawyer to help you either do seller financing or renting out the units. It is a seller's market so contact a lawyer and have him work a deal that will protect you as the buyer. Make lemonade out of lemons.

Even if you are a home owner with notice of foreclosure banks have so much inventory of unsold homes you should try and contact your lender and work a deal. Attorney General Mike Cox announced today that several lenders will be coming to Michigan to help alleviate the situation. Hold on Michigan help is on the way.

http://www.lawcpg.com/

FOLLOW THROUGH ON POST SALE OF INTEREST

2007-11-13T22:03:00.000-05:00

Unfortuantely I have another war story of someone who did not do their due diligence upon ending their business relationship.

We represent a business man who operated Chinese restaurants. He owned a restaurant with a partner who bought him out of his share. They signed a dissolution agreement however our client was not represented by a lawyer or an accountant and he trusted his former partner.

Cut to the chase his former partner failed to remove our client of the DTE Energy bill and now our client is saddled with a $67,000 energy bill on his old restaurant. We can sue the former partner but apparently he is on the verge of bankruptcy.

I preach that you develop a close inner circle of business advisers whether bankers, accountants, and or lawyers who can help protect yourself.

www.lawcpg.com

GRANDPARENTS' RIGHTS

2007-10-19T23:17:00.000-04:00

This article lays out the law for Grandparent's in Michigan.

http://www.freep.com/apps/pbcs.dll/article?AID=200771017047

Two fit parents can stop a Grandparent from visiting a child. The United States Supreme Court spoke on this issue several years back. The right to raise your child is a fundamental Constitutional right and the government will not step in to force visits with Grandparents. The best advice is to keep family harmony because the parent's can ultimately lock you out of a child's life.

http://www.lawcpg.com/

BEWARE OF CONTRACTORS

2007-09-28T23:10:00.000-04:00

I caught tonight's 20/20 on ABC television and the subject was real estate. One segment was about hiring contractors for home improvements.

There was a heartbreaking story of this family who paid over $31,000 in cash to a contractor and had no contract. These poor people were scammed and following the "work" the contractor did there was still over $41,000 of work to fix the problems.

Beyond the issue they paid cash which can't be traced and that there was not contract these people did not do their due diligence investigation. Use your friends and family's past experiences to find someone that you can trust, use the Internet to investigate contractors, and use websites such as angie's list to investigate people's past work.

Rule 1 no cash
Rule 2 have a signed contract
Rule 3 have all changes in writhing signed by the contractor
Rule 4 do some investigation before you hire someone.

http://www.lawcpg.com/

FORECLOSE THIS

2007-09-25T20:57:00.000-04:00

This article in the Detroit News says it all.

http://www.detnews.com/apps/pbcs.dll/article?AID=/20070918/BIZ03/709180350

Michigan has an extremely tough economy right now. Coupled with the trickle down effect of the UAW strike people need to be careful and smart. You may need to do some seller financing through lease options to buy or land sale contacts.

Don't get caught up on the negative talk use this as an opportunity to build your real estate business.

http://www.lawcpg.com/

BECAREFULL WHO YOU TRUST

2007-08-31T08:35:00.000-04:00

I have a client who had an extremely good and growing extremely fast small-business that needed some influx of capital. The client's accountant and business consultant proposed a complicated "scheme" where people would infuse capital to help the growth of the business and receive a percentage ownership.

However the agreement was not in writing and thing went array and now the client is on the verge of financial collapse and being sued by vendors left and right. Becarfull who you trust because in less than a year everything you have worked hard could be gone.

DON"T IGNORE IMPORTANT MAIL

2007-08-23T19:40:00.000-04:00

Please save yourself some aggravation and ultimately money and answer letters from courts and especially lawyers.

I have a client who was going through some marital issues and him and his wife ignored letters from the Prosecuting Attorney and the other side ultimately exaggerated his income and he is paying almost 3 times what he should in child support.

In another case of mine, the Defendant failed to respond to my client's phone calls and a letter from my office trying to resolve the issue. Once being served with the complaint he did exactly what we wanted him to do in the beginning but now we are in litigation and it costs him money and my client wasted money.

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REAL ESTATE OPP'S ABOUND

2007-07-31T13:18:00.000-04:00

Several Michigan newspapers have had articles dealing with South East Michigan's high level of foreclosures. The truly great investors can fine a bull market anywhere and are taking advantage of the market too make money.

If you are investor you need to get a good Accountant and have an Attorney you trust to help your businesses be successful and grow. Make sure that you have your Attorney draft your buy-sell agreements and or leases so that you will protect your interest if the deal goes bad.

The market in SE Michigan gives investors the ability to use Land Sale Contracts to help secure financing. Take the opportunity in this area to make lemonade out of the lemons.

HAVE AN AGREEMENT WITH BUSINESS ASSOCIATES

2007-07-13T10:14:00.000-04:00

I recently got a call from a business woman who had entered into a lease of a salon that was too big for her business. Apparently she had a business associate who agreed to sub-lease the other half of the building.

Well 2 months into the 3 year lease the business associate packed up and moved leaving her partner with too much space and not enough revenue to cover the lease. The two associates never had any agreement amongst themselves so this poor lady once again learns the hard way.

My number one rule of business is put all agreements in writing and sign them. You will be glad that you did.

PUT PEN TO PAPER

2007-06-17T22:44:00.000-04:00

Please don't learn the hard way when dealing with contractors who do work on your home. If you make a change to the original contract have them put it on paper and sign it.

Oral modifications of a contract will not hold up in court and you will be left without the work you expected. Most of the contracts that people sign will have a clause in them, if they are drafted properly, that only modifications that are in writing will suffice and not verbal.

Put it in writing and have them sign it!

www.lawcpg.com

CONSULT YOUR OWN COUNSEL

2007-06-03T11:54:00.000-04:00

I am a big advocate for pre-nuptial agreements because I think it is important to thing of the end prior to the beginning. If you are faced with the notion of signing an agreement you should consult your own legal counsel.

Not only do pre-nuptial agreements have consequences upon divorce but they also have consequences upon death of either party. Either spouse can waive their rights to take under wills or trusts or to take under Michigan Intestate law.

Save yourself problems down the line and take the agreement to a lawyer and ask them to answer all of your questions.

www.lawcpg.com

CONTRACT IS MAN'S BEST FRIEND

2007-05-14T20:45:00.000-04:00

A good friend of mine does side jobs for different small business. He is a computer network engineer and sets up businesses IT systems. He had a client who was an extremely good client that he had done work for a long time. I told him months ago that I would draft a contract for him to use with this client. My friend told me not to worry because they always paid their bill.

Fast-forward to last Friday, and this great client's partners had a following out and intend to dissolve the partnership and now owe my good friend $5,000.00, but he has no written agreement. This $5,000.00 owed to my friend is under what he believes the agreement was and that may not be the case.

He may still get paid but trying to enforce this type of agreement in court may cost more than the value of the contract. Put your business deals in writing and have both sides sign the agreement. I recommend this even if you have past dealings because its better to be safe than sorry.

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CASH NOT ALWAYS YOUR FRIEND

2007-04-19T17:15:00.000-04:00

Sometimes paying in cash is not always the best way. I have a client who as part of a Judgment of Divorce was to give an account to the other party. She was on the verge of Bankruptcy and my client gave her $5,000 in cash. The problem is that the now she is claiming that he never gave her the account as called for in the Judgment which is correct.

Since he didn't pay her by check he has no proof that he paid her. If she needed cash he should have used a money order or made the check out to cash noting that it was in lieu of the account awarded by the Judgment of Divorce.

Sometimes you have to prepare for proof in a court of law and cash can be your enemy.

www.lawcpg.com

ARTICLE ABOUT PRE NUPS

2007-03-11T23:21:00.000-04:00

http://www.freep.com/apps/pbcs.dll/article?AID=/20070311/BUSINESS07/703110699/1002/BUSINESS

Great article about the benefits of pre-nuptial agreements in Michigan. Unfortunately for many couples as shown by this article is the reluctance to agree up front.

With many baby boomers getting married for a second time, pre-nuptial agreements coupled with estate planning are good ways to protect the rights of children from previous marriages.

http://www.lawcpg.com/Divorce.html

LEARN FROM THE ANNA NICOLE CIRCUS!

2007-03-03T23:33:00.000-05:00

I am sure that everyone is sick of the Anna Nicole fiasco and especially turned off by that WWF circus down in that Florida Probate Court.

Do you and your family a favor, and seriously consider contacting a Probate and Estate Planning lawyer so that you can draft the proper documents to carry out your wishes. Clearly spell it out and don't leave your family fighting out in court where your china goes or where you want to be buried. A simple Will and Patient Advocate can usually be accomplished for under $800.

My experience in Probate Law has been failute to plan can leave you family fighting and even sometimes destroys the family by dragging it through court. Ultimately, if your family wants to fight you can't stop them, but being prepared can at least simmer some of the potential tension.

http://www.lawcpg.com/EstatePlanning.html

ALTERNATIVE LIFESTYLE PLANNING

2007-02-18T22:52:00.000-05:00

Some couples, because of the laws in Michigan dealing with Homosexuality, must hire an attorney to help them take care of their partners. Using a Will, Trust or Joint Tenancy you can get around the laws of Michigan and provide for your partner upon your death.

Powers of Attorney and Patient Advocates can help you make the tough decisions when your partner is incapacitated in the Hospital. Many Hospitals still allow only family members to visit but if there is a Patient Advocate you would be able to visit your partner in the Hospital.

Unfortuantely in Michigan Homosexual couples need to use Estate Planning to prepare for things that married people don't have to . You should contact an attorney and have the attorney draft up the proper documents to protect your long relationship.

http://www.lawcpg.com/EstatePlanning.html

FILE YOUR MOTION TODAY

2007-02-06T17:44:00.000-05:00

With the current economy in Michigan and the constant layoffs and downsizing it is important to remember Michigan's law against retroactive modification of support. In Michigan, if you file a motion to modify spousal or child support and you receive a reduction it only goes back to the date in which you filed your motion.

To sum it up if you are laid-off you should file a motion to change the next day in order to "lock in" the change date.

http://www.lawcpg.com/Divorce.html

CHEATING IS A CRIME

2007-01-19T00:22:00.000-05:00

http://freep.com/apps/pbcs.dll/article?AID=/20070115/COL04/701150333

I am sure that many people in Michigan couldn't believe it but this is true. There are many crimes still on the books that are far past their time. Ultimately especially in a civil manner don't depend on the court because you may regret it. My best friend in law school and I our first year use to have a lot of fun with this crime and the fact that you could theoretically have a conspiracy to commit adultery.

www.lawcpg.com

FOR SALE BY OWNER

2007-01-02T10:53:00.000-05:00

A lot of people, especially with the tough real estate market in South East Michigan, are selling their homes on their own.

It is a great way to save on the Realtor Fees. However you should contact a lawyer and have them look over the Purchase Agreement and even be present at the closing it may cost you$500-750 which is less than a Realtor, but it will help you avoid problems with the sale, with title, and other problems that pop up form time to time in real estate transactions.

www.lawcpg.com

SURROGACY IN MICHIGAN

2006-12-21T01:43:00.000-05:00

Is it legal to be a surrogate mother in Michigan?

Nope, the contract in fact is unenforceable as it is against public policy.

Also it is a Crime to participate in this kind of arrangement.

MCL 722.857 Surrogate parentage contract prohibited; surrogate parentage contract as felony; penalty.

Sec. 7.
(1) A person shall not enter into, induce, arrange, procure, or otherwise assist in the formation of a surrogate parentage contract under which an unemancipated minor female or a female diagnosed as being mentally retarded or as having a mental illness or developmental disability is the surrogate mother or surrogate carrier.
(2) A person other than an unemancipated minor female or a female diagnosed as being mentally retarded or as having a mental illness or developmental disability who enters into, induces, arranges, procures, or otherwise assists in the formation of a contract described in subsection (1) is guilty of a felony punishable by a fine of not more than $50,000.00 or imprisonment for not more than 5 years, or both.

Michigan is one of the states with a strict view against surrogacy.

www.lawcpg.com

MICHIGAN SMALL BUSINESSES

2006-12-11T21:22:00.000-05:00

A couple of great articles discussing a new trend in South East Michigan of people taking buy outs from their current employers and using them to start new businesses.

Two things anyone starting a business or a franchise is a good accountant and a good attorney. Many of these franchises have complex contracts that you should have your attorney take a look at and advise you about. Also you should have your attorney draw up contracts for your purchases from vendors and services from other businesses.

http://www.freep.com/apps/pbcs.dll/article?AID=/20061210/BUSINESS06/612100595/1002/BUSINESS

http://www.freep.com/apps/pbcs.dll/article?AID=/20061210/BUSINESS06/612100672/1002/BUSINESS

http://www.lawcpg.com/SmallBusiness.html

EMPLOYMENT CONTRACTS

2006-12-03T12:21:00.000-05:00

As a Small Business owner you know the value of finding good talent and keeping that talent. One thing you need to watch out for especially in a company which is driven on sales, is your young hot shot talent using your trust against you.

I have seen in the past where a top sales guy leaves the company either voluntarily or involuntarily only to start a brand new company. Then uses his or her experience gained from you to take your employees, customer, and ultimately the business you worked hard to start.

Make sure you have you attorney draw up a good employment agreement and do not rely on at-will Michigan employment law because there is no non-compete without a contract.

A reasonable non-compete clause can help protect you from a pirate who takes your business right out from under you once they leave.

www.lawcpg.com

TWENTY-FIRST CENTURY BUSINESS LAW

2006-11-20T21:58:00.000-05:00

We live in an extremely exciting time for any new business or entrepreneur. The Internet has allowed any new company or even Mom and Pop store to gain access to a much bigger market.

eBay, Google, Yahoo! and all the many other Internet Business Entities allow you to start a company and sell your product or service to a much bigger market than your traditional brick and mortar store.

However as an attorney small companies and big companies should think about the issues that can be caused when a business deal goes bad. You need to have a contract when ever you are dealing on the Internet and doing business.

A solidly drafted contract by your attorney can help protect you as an entrepreneur and give you recourse when a deal goes bad.

Things such as reimbursement for attorney costs and collection costs can be important when you need to collect on a delinquent account. Non-Compete clauses can help protect you from a business partner or customer from stealing your business from you.

The Internet Commerce model allows us to buy and sell across the country and shows why a contract that involves a sale of one million sprockets from a Michigan Factory to a Oregon Manufacturer needs a choice of law and even a venue clause in the contract. If you are a Michigan company who needs to sue for Breach of Contract why not have it written in the contract, that it is governed by Michigan Law with Michigan as the venue for any lawsuit or better yet the county where your headquartes is located.

The Ultimate Message to all Internet Entrepreuners is find a good attorney you feel comfortable with from the beginning who will help you protect your interests in all your business transactions.

It is much cheaper for an attorney to protect you before a problem happens rather then trying to fix a problem.

www.lawcpg.com

IF IT IS WORTH ANYTHING

2006-11-08T12:40:00.000-05:00

Please get any contract that is worth anything to you put in writing. I know that this theme is consistently harped on in this BLAWG but I can't emphasize it more.

I had a trial on Monday regarding an employee sales commission case and it came down to he said, he said, instead of having it written out. Luckily for my client he had documented his offers that were not accepted by the Plaintiff but were in stark contrast to the alleged agreement by the Plaintiff. Now if the Plaintiff had a writing signed by my client consistent with the terms he alleged he may have won a settlement in the $300,000.00 range. The Plaintiff learned the hard way.

PUT IT IN WRITING !!!!

www.lawcpg.com

STATUTE OF LIMITATIONS

2006-10-30T09:08:00.000-05:00

If you believe you have a contract claim or any type of injury to your property or person beware of the limitations placed upon the time to bring your action in court.

Contact an attorney as soon as you believe you have a claim. Most attorneys and firms give a free consultation.

www.lawcpg.com

GUARDIANS AND CONSERVATORS

2006-10-14T12:22:00.000-04:00

If you have a family member who is incapacitated and unable to make their own health decisions or financial decisions you may want to petition the court to be Guardian and Conservator.

A Guardian will have the power to make health care decisions and placement decisions.

A Conservator will have the power to make financial decisions and protect the wards money and estate.

These allow family members to help those who for whatever their condition they can't make good decisions.

http://www.lawcpg.com/EstatePlanning.html

SMALL BUSINESS INTERESTS

2006-10-02T01:03:00.000-04:00

When ever you are starting a new business with a partner you should consider an exit strategy. What happens to your business if you have a falling out with your partner?? What happens if one of the partners passes away what happens to their interest?? Does the heir of the partners estate have to offer the interest to the other partners??

These are all things that should be t resolved when the business is started. Decide in the infancy of your entity what the process of buying your partner out of his interest would be. You have the power to decide instead of letting a judge decide. Contacting a competent business attorney can help you avoid costly litigation when the interest of one partners needs to bought, sold, or some othe transfer.

http://www.lawcpg.com/SmallBusiness.html

TERMINATION OF PARENTAL RIGHTS

2006-09-18T00:27:00.000-04:00

This passed week I was asked an interesting question in regards to terminating one's parental rights and the result on a parent's duty to support that child. Michigan is one of the view states in the union that takes the minority view and states that when a parent voluntarily terminates their parental rights they do not relieve themselves from the duty to still support that child.

HAND SHAKE AGREEMENTS

2006-09-09T13:09:00.000-04:00

If you are a business man do not do hand shake agreements. You can enforce these but it will cost money and time. Unless its a take or leave it shake and then contact your lawyer to draw up the contract and have both sides sign.

A contract drafted by a competent business lawyer will protect your business and investment.

MICHIGAN REAL ESTATE INVESTOR BLOG

2006-09-05T11:48:00.000-04:00

I found a great blog that deals with Michigan Real Estate Investing. Gives some great pointers on getting started and how to protect one's investment. I don't think he is a lawyer so you may want to consult yours on all legal matters.

http://www.markijlal.com/

SMALL BUSINESS LAW ADVICE

2006-08-24T23:43:00.000-04:00

Keep accurate records! If you deal with leasing make sure you have a lease agreement that protects you as a land-lord. Even if you are leasing with a friendly aquaitance or family member hire or have your attorney draft up a lease agreement. It becomes extremely expensive for you if you need to sue and you come to my office with only a verbal agreement.

Spell out all the penalties and all the rights and obligations it will protect you if the worse happens and you need to enforce the agreement.

MHSAA RULING

2006-08-17T20:39:00.000-04:00

http://www.freep.com/apps/pbcs.dll/article?AID=/20060817/SPORTS09/608170426/1048/SPORTS

Interesting case. I have noticed the city that I grew up in built these super athletic buildings with extra practice facilities appears that they foresaw this coming.

The old way sports schedule was because of lack of space for practice for girls and boys basketball.

MOVING CHILDREN OUT OF STATE

2006-08-05T09:53:00.000-04:00

Question what are the laws for moving kids out of the state of Michigan without the permission of the other parent?

Answer It depends on a couple things.

Pursuant to MCR 3.211, every custody order must contain a provision that prohibits changing the domicile of the children from the state of Michigan without permission of the court.

If there is not a custodial environment with the other parent then you must show by preponderance of the evidence that the move has the potential to improve the quality of life of the child.

If both parents have an established custodial environment and the proposed parenting time schedule effectively amounts to a change in the established custodial environment, the parent requesting the move must show by clear and convincing evidence that the move is in the best interests of the child. MCL 722.27(1)(c).

http://www.lawcpg.com/Divorce.html

DIVORCE ATTORNEY FEES

2006-07-29T14:33:00.000-04:00

Question In Michigan, what is base attorney fee for divorce?

Answer Usually divorce cases are billed on an hourly basis. Attorneys usually ask for a retainer (depending on the perceived difficulty of the case) in advance and then uses that to bill against at an hourly basis and then once the retainer is gone then you either pay an additional amount or get billed monthly. The range can be $125/ hr to even in excess of $350/hr. Based on past experience most divorce cases start out easy and the emotions take over and can make them difficult.You may want to consider a collaborative divorce attorney/

http://www.lawcpg.com/Divorce.html

MANDATORY WAITING PERIOD DIVORCE WITH KIDS

2006-07-25T21:19:00.000-04:00

Question Has anyone been able to circumvent the 180 day waiting period for a divorce in Michigan with minor children?

Answer You need to make an argument for why it is the best interest of the parties and also the children.Stating that it will begin bringing structure to the kids lives as well as your lives usually will win the day.

http://www.lawcpg.com/Divorce.html

PARENT'S RIGHTS

2006-07-23T12:56:00.000-04:00

Question If someone has had their parental rights terminated?
does the state of michigan have legal claim to your unborn?and what can someone do to stop cps from taking child after birth?

Answer Under Michigan EPIC statute a termination of parental rights only effects the rights to the child for the children named in the order.This means for any new children a petition to terminate the rights of those new children would need to be filed and the prior termination for other children has no effect over the new children.

http://www.lawcpg.com/Divorce.html

PREPARING FOR DIVORCE

2006-07-21T12:20:00.000-04:00

If you think that you may be contemplating or considering divorce here are a few preparation tips.

1. Start gathering all the paper information you can (credit card bills, w-2's, utility bills, investment statements, etc) photo copy these because this can help you save attorney fees in that your attorney will not have to subpoena or request it. INFORMATION IS ALWAYS POWER

2. Start socking away some money to pay an attorney's retainer.

3. Perhaps open a credit card in your name for access to funds if you are limited

these tips will help you if perhaps your not prepared to jump into a divorce action just yet.

http://www.lawcpg.com/Divorce.html

NOT HAPPY WITH YOUR LAWYER

2006-07-17T11:51:00.000-04:00

Some clients may not realize that you are control of your case. If you feel that your lawyer may not be acting in your best interests you have the right to "fire" them and hire someone else.

It may be something to consider if you are feeling neglected or you feel that your attorney is not delivering what you need.

www.lawcpg.com

SMALL BUSINESS HELP

2006-07-11T01:18:00.000-04:00

I have two clients who have learned the hard way when it comes to contracts and leases.

Both of them entered into leases which they did not contact me prior to signing them. Well they saved themselves hundreds of dollars by just signing them and not having their lawyer look at them.

Wrong!! Both of them are now going to court for issues that could have been prevented if I had seen the contracts prior to their signatures.

Now they are going to pay potentially thousands in fees to fight the consequences that were hidden to them (but not to me). Now that is not a prudent business decisions or return on investments.

Be wary when you sign a contract because the language in the document means something and its usually going to protect the other side when the you know what hits the fan. Protect your business and your interests have your attorney look at the contracts and leases before you sign.

http://www.lawcpg.com/SmallBusiness.html

PROTECTING INHERITANCE

2006-07-08T21:16:00.000-04:00

If you receive an inheritance from a family member the only way to protect it from not being divided as result of a divorce you must keep it separate.

Take the money or income received from the property in a separate account and DO NOT use any marital funds to improve the property.

KEEP THE MONEY IN ITS OWN ACCOUNT WITH ONLY YOU HAVING ACCESS.

Do not mix the money with marital funds.

This will allow you for the most part to keep that money all to yourself if you get divorced.

www.lawcpg.com

TIME IS OF THE ESSENCE

2006-07-05T18:29:00.000-04:00

This is advice for anyone out there in the state of Michigan who has a spousal support or child support order.

If you get laid off on Monday file on Tuesday your motion to modify. In Michigan there is no retro active abatement for support orders.

For example: If you get laid off on July 5, 2006 you may have grounds to modify your support order. If you file your motion on July 6th you lock that date. So you will keep paying on the old order and let us say you win and get your support reduced it goes back to the date you serve notice of you motion to modify on the other party.

In our example above if you get laid off and wait 2 months to file your motion to modify and you are granted a reduction you would not get credit for the 2 month gap.

To sum it up as soon as you for whatever reason get in trouble financially you should file your motion right away to preserve your right to an abatemate.

www.lawcpg.com

STARTING A SMALL BUSINESS??

2006-06-30T12:21:00.000-04:00

You should spend money wisely by contacting a lawyer to help you.

If you have partners it is extremely important that you have a Buy Sell Agreement in place for a couple of reasons. One, you and your partners may have a following out and its important that there be an exit strategy in place to avoid litigation. Two, if one of the partners dies or becomes incapacitated its important to have in place a way of dealing with that. You also may want to have in place the mechanisms for adding new partners or shareholders.

If your new entity is a solo ownership you still may want help negotiating lease agreements and drafting contracts the benefit and protect you. If you are selling on credit, contacting a good attorney will help you draft credit applications not only to identify people with good credit but also to have proper information for when you need to collect against a delinquent account.

These fees are also tax deductible as business expenses so make the investment and protect your new entity.

www.lawcpg.com

COLLABORATIVE DIVORCE

2006-06-27T13:07:00.000-04:00

For the past two years there has been an exciting alternative to the drag out, neither side wins, way of getting a divorce in Michigan.

Collaborative Law brings together 3 different professions (Attorneys, Financial Planners, and Mental Health Professionals) to offer a non-litigation process to divorce. All the professionals involved have been trained in the Collaborative Process.

Each side has an attorney who sign an agreement stating that if either side drops out of the process to pursue litigation then both sides will terminate their representation. Both sides work together to produce a settlement that is fair to both sides.

By the time the complaint for divorce is filed there is already a settlement.

To find a collaborative Professional in your area or for more information go to this website
http://www.collaborativelawmichigan.com/

DEBT COLLECTION

2006-06-21T23:14:00.000-04:00

Hiring an attorney to pursue an unpaid debt can help you get paid. Filing a complaint and getting a judgment opens a whole bag of tricks to get your money.

1) you can levy on the debtor's property and sell at a sheriff's auction and recieve your money

2) garnish a debtor's bank account or wages from his employer.

Many attorneys will take these cases on a contigency fee, meaning they only recieve a percentage of money collected. The attorney only gets paid if you get paid so its worth the shot if you have exhausted all your efforts.

YOU WILL GET NOTHING AND LIKE IT!!

2006-06-14T13:59:00.000-04:00

It seems in a lot of failing marriages one side usually uses the threat of divorce to gain control over the other side.

Husbands (usually) will threaten the wives with something like the following....

"I am going to divorce you and take the kids, the house, and leave you on the street!!!""

This is a great example of power plays and verbal abuse. I have been discussing with a potential new client something similar to this scenario, her Husband makes great money (well into the six figures) she has never worked, they have 3 kids and been married for 11 years.

His threats are contrary to the law in Michigan. Talking to her I have been able to ease her fears and even given her estimates based on guidelines for child support and potential spousal support. Now the ball is in her court and she can initiate the divorce on him.

My advice is talk to a few lawyers (most offer free consultations) get a feel for them and allow them to answer your questions and put your fears at ease.

Then you can take control of the situation and if its right for you and even the children you can initiate the action.

TRUST YOUR ADVOCATE!!

2006-05-24T18:27:00.000-04:00

I recently had a client who did not trust lawyers. He was bitter and had spent $23 grand in attorney fees on his divorce without children. He hired me to modify his spousal support award based on his income being cut in half. I got the guy a hell of a deal in the end but the whole time I was battling him because he did not trust me and didn't tell me the whole story.

Attorney client privledge is protected big time in this country because it is central to being the best lawyer possible. Not everyone is perfect and I would never judge a client based on his actions in the past.

We are all human tell your lawyer EVERYTHING that may hurt your case. We are not mind readers if we know the facts we can work in your best efforts for a good result.

REAL ESTATE FRAUD PROBLEM IN MICHIGAN

2006-04-19T23:39:00.000-04:00

http://www.freep.com/apps/pbcs.dll/article?AID=2006604150320

This article is a great example why a couple hundred dollars paid for a consultation with a Lawyer can save you thousands in avoiding litigation.

Build in the costs for the attorney in the cost of purchase or refinance the home because it will pay off in the end.

JOINT OWNERSHIP AND LOVE GONE BAD

2006-04-11T21:00:00.000-04:00

If you and your Boyfriend or Girlfriend are considering purchasing real property and title it as Joint Ownership with Rights of Surviorship.

BE CAREFUL!!

This ownership interest in Michigan is indestructible unless all the names on the title agree to it. If you die the interest AUTOMATICALLY BY OPERATION OF LAW would go to the other name or names on the deed regardless of any will or other estate planning mechanism.

HOUSE IS NOT IN MY NAME

2006-04-05T19:50:00.000-04:00

A constant theme I have is of clients worrying that their name is not on the title of the house.

Most clients are saved because if any marital funds were used to purchase the home or even imporove it and increase the equity, then the house becomes a marital asset and becomes part of the marital estate to be divided equally.

PRE-NUPS NOT JUST FOR HOLLYWOOD

2006-03-22T20:11:00.000-05:00

Pre-Nuptial (Ante-Nuptial) and Post Nuptial agreements are fully recognized and enforced in the State of Michigan.

When looking at the effect of these agreements they are governed by contract principles and courts look at these 3 questions and if the answers are NO the agreement will be upheld,

Was the agreement obtained through fraud, duress, mistake or misrepresentation, or a non-disclosure of material fact?
Was the agreement unconscionable when executed?
Have the facts and circumstances changed since the agreement was executed so as to make its enforcement unfair or unreasonable?

Why would one want a pre-nuptial agreement you may ask?? Well the obvious answer is to protect against the gold-digging spouse.

The one other is usually in the second marriage situation when you have two people latter in life in their highest earning capacities. A good Pre Nuptial agreement coupled with a Good Estate Plan will protect children from a previous marriage.

Keep in mind you must disclose your complete net worth because failure to do so can cause the agreement not to be enforced.

However not completely destructive to the agreement you should give ample time for the other sided to seek independent counsel prior to signing the agreement. There have been cases that have stated that asking to sign minutes before the marriage ceremony is not sufficient duress to not enforce the agreement.

I believe a waiver of independent clause should be written into the agreement and should be initialed after it has been read.

Post Nuptial agreements are contracts entered into following the marriage ceremony. They are agreements similar to Pre Nuptials that settle property rights in the event of divorce. However they unlike Pre Nuptials need independent consideration apart from the actual marriage. Relinquishing of one's rights under Michigan Divorce Law is sufficient.

The one thing that will not be enforced are any agreements or clauses that involve children of the marriage.

Consult an attorney if you are considering a Pre Nuptial agreement because a validly executed one can help you save a lot in a divorce action.

COMPETITION BRINGS OUT THE BEST!

2006-03-11T12:40:00.000-05:00

This post is based on a friend of mine who had a legal contract issue. He signed a contract which had a non-compete clause in it.

His dilemma is that his current company is being sold to competitor on the other side of the state. It seems apparent that this sale will significantly undermine security in his job.

He has found a local competitor that would like to hire him and it is somewhat conditioned on him bringing about $100,000 or more in business with him.

Well I didn't have good news for him because unfortunately these clauses are strictly enforce in the State of Michigan. The only way we could blow it up is by showing that it is unreasonable or perhaps to broad which essentially means a lot of money to get him out of it.

*****HAVING TO SIGN THE CONTRACT WITH THE CLAUSE AND RISK NOT GETTING THE JOB, SALE, OR POSITION IS NOT A VALID DEFENSE***

To sum things up if you are confronted with a contract as such, ask for some time to read it over and consult an attorney. It may cost you an hours worth of attorney fees but will save you grief and the cost of trying to get it struck out of the contract.

CHILD CUSTODY

2006-03-06T22:25:00.000-05:00

In Michigan there are two types of child custody.

Physical Custody-when the parents have the child in their residence and are soley responsible for the day to day decisions for the child.

Legal Custody-when the parents have the right to decide on the MAJOR life decisions of the child (ex. Medical emergencies and education)

These can be granted as Joint or Sole.

This is were legal representation is important because once there is a Custody Order in effect, to change this a party must show a change in circumstances by clear and convincing evidence. (Which is a higher standard than preproderance of evidence)

If you have any questions or concerns contact an attorney.

cullengeisler@yahoo.com

GET IT IN WRITING!!!

2006-03-01T01:48:00.000-05:00

Here is a simple rule for all of you to reduce your need for legal services (or at least reduce the fees).

****Get all important transactions in writing signed by the party to be charged with the obligation******

Michigan's Statute of Frauds says that

Contracts in cotemplation of Marriage
Services which cannot be preformed in one year
All INTERESTS IN LAND
Executory Contracts
Goods over $500
A contract where one acts as a gurantor (guarantees a debt of another)

***MUST BE IN WRITING****

Now there are a few defenses on each one of these, the most important is partial performance which is evidence that there was an oral contract. (Fees add up here)

Not fulfilling the Statute of Frauds does not mean there is not a contract it just means that a court will not enforce it.

****GET YOUR CONTRACT IN WRITING SIGNED BY ALL PARTIES TO THE CONTRACT***

COMMON LAW MARRIAGE IN MICHIGAN

2006-02-27T23:04:00.000-05:00

The essential elements of a common law marriage are

Between a man and woman,
Both of whom are of legal age to contract a statutory marriage,
Mutually consent to live together; and
Hold themselves out to the world as husband and wife

Since 1957 Michigan has not recognized a common law marriage that is created within its borders, however if you fullfill the requirments of another State who still has common law marriage then it will be upheld in a Michigan Court.

If you have lived for a significant time in another state and think you may fullfill these elements and may have a issue you should contact an attorney cullengeisler@yahoo.com.

MY FAULT, YOUR FAULT, WHOSE FAULT ??

2006-02-26T20:02:00.000-05:00

Michigan's a N0-Fault state. This means that either party can come before the circuit court and alledge

"The objects of matrimony have been dissolved and there is no reasonable likelihood that either party could live as Husband and Wife."

If this is alledged and the Judge is satisfied there is no likely hood of reconciliation a divorce will granted.

This also means that it takes two to tango and one party may want to keep the marriage alive but if the other party wants a divorce then it is granted.

Well what is the effect of fault in the dissolution of the marriage? Michigan is a quasi no-fault state because fault will come into play when dividing up the marital estate.

DIVORCE AND EFFECTS ON PRIOR EXECUTED WILL

2006-02-24T01:03:00.000-05:00

Question: 5 years prior to getting divorced I had a will drafted. What are the effects of my Divorce on my prior executed will.

Answer: Well vary good question. In Michigan a divorce has the effect on your will as follows, the law views your spouse as pre-deceasing you (by virtue of the Judgment of Divorce) and therefore will not inherit anything that you may have left them in your will.

Also any of your ex-spouses relatives who were in the will also will be treated as though they pre-deceased you.

****Therefore if you still want your ex-spouses Uncle Johnny to inherit under your will you will need to either re-execute the will or do a codicil (amendment) after the date your Judgment of Divorce is signed*****

If you have any questions contact a lawyer.

LEGAL SEPARATION IN MICHIGAN

2006-02-23T02:38:00.000-05:00

In the past I have had clients call and ask me about a Legal separation. In Michigan you can file for a Complaint for Separate Maintenance as opposed to a Complaint for Divorce. The effects are

All property issues are settled.
Any support issues are also settled.
If support issues are not mentioned they are reserved any can be litigate at a later date.
BOTH PARTIES ARE MARRIED.

I put the last bullet point in bold to emphasize the effect that a Judgment of Separate Maintenance has is that you are still married in the eyes of the law and the effects that come along with the status of being married.

Right to inherit either by will or intestate.
Right to employer provided benefits.
Right to social security surviving spouse benefits.

I think some of the confusion stems from states such as New York who have a mandatory year cooling off period known as separation prior to granting a divorce.

Now I was involved with a client who we did do a Judgment of separate Maintenance because she was an woman over the age of 60 and wanted to move closer to her family down south but wanted to have a right to her husbands pension benefits going forward following the case as well as health benefits. Her husband wanted to stay in Michigan but there was a good chance at a reconciliation.

It is a crafty option for people to maintain certain benefits of being Married but also live a separate life.

Anybody considering this option should contact a family law attorney.

WHY YOU SOMETIMES NEED A LAWYER

2006-02-22T23:33:00.000-05:00

There is certainly a reason that going to consult a lawyer is sometimes worse then going to the dentist. Usually when us lawyers are brought in its when a deal has gone bad or even a friendship or business partnership has been destroyed. The problem is that most lawyers can stop you from having to go over a water fall, but once you are on the downside of the proverbial waterfall is when the fees start to add up.

This blog is here to talk about some relevant Legal Issues in the Great Lakes State of Michigan and put them in simple terms so that you are able to decide if you need to hire an attorney.

If you have a question about a post or just a general legal issue inplease email me at cullengeisler@yahoo.com and if I am unable to answer your question I will put you in touch with someone who can.