Our Legal Blog

Divorce is never easy, but when both spouses cannot agree on key issues, the process becomes more complicated and emotionally charged. In Michigan, contested divorces can involve disputes over property division, child custody, spousal support, and more. Because of the complexity and high stakes involved, it’s essential to understand the legal process and your rights if you’re facing a contested divorce. In this post, we’ll discuss what constitutes a contested divorce in Michigan, the steps involved, and what you can do to protect your interests.  What is a Contested Divorce? A contested divorce occurs when spouses are unable to agree on one or more major issues related to the dissolution of their marriage. Unlike an uncontested divorce, where both parties are in agreement and the process is relatively straightforward, a contested divorce requires the intervention of the court to resolve the disputes. Common areas of contention include: Division of Marital Property Determining who gets what is often one of the biggest sources of conflict. Marital property includes all assets and debts acquired during the marriage, such as the family home, cars, retirement accounts, and even business interests. Disagreements can arise over how to value and fairly divide these assets. Child Custody and Visitation Child custody and parenting time are often highly emotional and contentious issues. Disputes can arise over who should have primary custody, the specifics of visitation schedules, and how decisions regarding the child’s upbringing will be made. Child Support Michigan uses a formula to calculate child support based on each parent’s income, the number of children, and other factors. However, disagreements can arise if one parent disputes the amount or the financial information provided. Spousal Support (Alimony) Spousal support, or alimony, is not automatically granted in every case. The court considers factors such as the length of the marriage, the financial needs of each spouse, and their ability to pay. Spousal support can be a major point of contention, particularly if there is a significant income disparity between the spouses. Other Issues Other issues may include the division of personal property, who will remain in the marital home, and the responsibility for debts. In some cases, disputes over prenuptial agreements or allegations of hidden assets can complicate matters further. The Contested Divorce Process in Michigan Contested divorces in Michigan follow a specific legal process that involves several stages. Understanding these steps can help you know what to expect and better prepare for your case. Filing the Divorce Complaint The process begins when one spouse files a Complaint for Divorce with the appropriate Michigan Circuit Court. The complaint outlines the basic details of the marriage and the reasons for seeking a divorce, though Michigan is a no-fault divorce state. This means that the only grounds for divorce are that the marriage has irretrievably broken down, and there is no reasonable likelihood that the marriage can be preserved. Service of Process After the complaint is filed, the filing spouse (the plaintiff) must serve the other spouse (the defendant) with a copy of the complaint and a summons. The defendant then has 21 days to respond if served in Michigan (28 days if served outside the state). Answer and Counterclaim The defendant must file an answer to the complaint, admitting or denying the allegations. They may also file a counterclaim, raising their own issues for the court to address. Discovery Discovery is a crucial part of the contested divorce process. It involves the exchange of financial documents, interrogatories, depositions, and other information needed to build each party’s case. Discovery ensures transparency and helps both sides evaluate their positions. Mediation or Settlement Negotiations Before going to trial, Michigan courts often require parties to attempt mediation or other forms of alternative dispute resolution (ADR). Mediation involves a neutral third party who helps the spouses negotiate and potentially reach a settlement on contested issues. If successful, a Consent Judgment of Divorce can be filed, finalizing the divorce without a trial. Pre-Trial Conferences and Hearings If mediation is unsuccessful, the case proceeds to pre-trial conferences and hearings. During this phase, the judge may issue temporary orders regarding child custody, support, and property use to maintain stability until the final divorce decree is issued. Trial If the spouses cannot resolve their differences through negotiation or mediation, the case goes to trial. During the trial, each party presents evidence and arguments, and the judge makes decisions on all unresolved issues. The trial process can be lengthy and costly, and the judge’s decision is binding unless appealed. Final Judgment of Divorce After the trial, the judge issues a Final Judgment of Divorce, which outlines the court’s decisions on property division, child custody, support, and other issues. This document legally ends the marriage and sets the terms that both parties must follow. How Long Does a Contested Divorce Take in Michigan? The timeline for a contested divorce in Michigan can vary widely depending on the complexity of the case and the level of conflict between the spouses. Generally, a contested divorce takes significantly longer than an uncontested one. On average, contested divorces can take anywhere from six months to over a year to resolve, especially if the case goes to trial. What Factors Does the Court Consider in a Contested Divorce? When making decisions in a contested divorce, the judge will consider several factors, particularly in areas like property division and child custody. Some of the factors include: For Property Division: Length of the marriage. Contributions of each spouse to the marital estate. Age and health of the parties. Earning ability and financial status of each spouse. Fault or misconduct that led to the breakdown of the marriage (though fault is not typically a deciding factor in property division). For Child Custody: The best interests of the child standard, which includes: The child’s emotional, physical, and mental well-being. Each parent’s ability to provide a stable and loving environment. The child’s relationship with each parent and any siblings. The child’s preference (if they are old enough to express a reasonable preference). Any history of domestic violence. Why You Need an Experienced Contested Divorce Attorney Given the complexities and potential pitfalls of a contested divorce, having an experienced family law attorney is crucial. An attorney can: Protect Your Rights Ensure that your interests are represented in court and that you receive a fair outcome regarding property, custody, and support. Guide You Through the Legal Process The contested divorce process can be confusing and overwhelming. An attorney can help you navigate the legal system, understand your rights, and avoid common mistakes. Negotiate on Your Behalf An attorney will negotiate with the opposing party to try to reach a settlement that works for you, reducing the need for a stressful and expensive trial. Present a Strong Case in Court If your case goes to trial, an attorney can gather evidence, prepare arguments, and present a compelling case to the judge. How Don E. Burch Can Help At Don E. Burch, we understand the emotional and financial challenges of going through a contested divorce in Michigan. Our experienced team is dedicated to providing compassionate and aggressive representation to help you protect your rights and achieve the best possible outcome. Whether you’re facing disputes over property, custody, or support, we are here to guide you through every step of the process. If you are considering a contested divorce or have questions about your rights, contact us today to schedule a consultation. We are committed to helping you navigate this difficult time with confidence and clarity.

Navigating the Complexities of Child Custody in Michigan

Understanding the Types of Assets That Can Be Included in Your Will

Understanding the Consequences of Being Convicted on Felony Charges in Michigan

Understanding Chapter 7 Bankruptcy and Dischargeable Debts in Michigan

Understanding Probate in Michigan: How long does it take and how can an attorney help?

The Seriousness of Weapon Charges Weapon charges in Michigan carry severe consequences that can impact your life in significant ways. Whether you're facing charges related to illegal possession, concealed carry violations, or even assault with a deadly weapon, it's essential to take these charges seriously. The potential penalties include hefty fines, probation, jail time, and a permanent criminal record, which can affect your employment prospects, housing options, and personal relationships. The Role of a Weapon Charges Defense Attorney When facing weapon charges, having an experienced defense attorney by your side can make all the difference. Here are some crucial ways they can assist you: 1. Expert Legal Knowledge and Guidance A weapon charges defense attorney specializes in Michigan's firearm laws and possesses in-depth knowledge of the legal system's intricacies. They will evaluate your case, identify any potential defenses, and provide sound legal advice tailored to your specific situation. Their expertise ensures that you understand the charges against you and the possible outcomes, allowing you to make informed decisions throughout the legal process. 2. Protection of Your Rights One of the primary roles of a defense attorney is to protect your constitutional rights. They will ensure that law enforcement and prosecutors have followed proper procedures and that no evidence was obtained unlawfully. If your rights were violated during the arrest, search, or interrogation process, your attorney will aggressively pursue the exclusion of such evidence from your case. 3. Building a Strong Defense Strategy A weapon charges defense attorney will meticulously examine the evidence against you, seeking any weaknesses or inconsistencies that can be used to challenge the prosecution's case. They will gather additional evidence, interview witnesses, and consult with experts if necessary to build a robust defense strategy tailored to your circumstances. This may involve presenting alternative explanations, asserting self-defense, or challenging the credibility of prosecution witnesses. 4. Negotiating with Prosecutors In many cases, a skilled defense attorney can negotiate with prosecutors to secure a favorable outcome. They will leverage their knowledge of the law, familiarity with the local courts, and relationships with prosecutors to explore potential plea agreements, reduced charges, or alternative sentencing options. While every case is unique, having an attorney who can skillfully navigate these negotiations is essential to achieving the best possible outcome. 5. Representation in Court If your case proceeds to trial, a weapon charges defense attorney will vigorously advocate on your behalf in the courtroom. They will cross-examine witnesses, present evidence, and deliver persuasive arguments to challenge the prosecution's case. Their goal is to cast reasonable doubt on the charges against you, ultimately securing an acquittal or minimizing the penalties you may face. The Importance of Acting Swiftly When facing weapon charges, time is of the essence. It's critical to consult with a defense attorney as soon as possible to ensure the preservation of evidence, protect your rights during police questioning, and begin building a strong defense strategy. Waiting too long to seek legal representation can jeopardize your case and limit the available defense options. Choose an Experienced Weapon Charges Defense Attorney When your future is at stake, you deserve the best possible defense. Look for a weapon charges defense attorney with a proven track record, experience in Michigan's firearm laws, and a commitment to protecting their clients' rights. Schedule a consultation to discuss your case, ask questions about their experience and approach, and ensure they are the right fit for your needs. = If you're facing weapon charges in Michigan, enlisting the help of a skilled defense attorney is essential to protect your rights, navigate the legal system, and achieve the best possible outcome. Their expertise, guidance, and tenacity will ensure that you have a robust defense strategy tailored to your unique circumstances. Remember, you don't have to face these charges alone. Take action today and secure the strong legal representation you deserve.

When it comes to employment, a criminal conviction can be a significant obstacle for candidates. Many employers are concerned about potential risks and liability, particularly related to sensitive positions or those that involve direct interaction with clients or the public. However, the question of what employers can ask about criminal convictions during the hiring process is not always clear-cut. As an expert in employment law, I am often asked by clients: What can an employer ask in an interview? The answer depends on various factors, including your location, the position you are seeking, and other legal considerations. In this blog post, we'll explore the topic of criminal convictions and employment in Michigan. We'll tackle common questions such as whether or not an employer is allowed by law to ask about your criminal convictions, if you are required to disclose that information, how the employer can use your criminal history when making hiring decisions, and how an attorney can help you navigate this complex terrain.  What can an employer ask in an interview? Employers in Michigan are limited in their ability to ask candidates about criminal convictions. Under the Michigan Handgun Act, employers cannot ask job applicants whether they have a conviction for a minor marijuana offense. Additionally, the Michigan Civil Rights Commission has offered guidelines that state an employer should not ask applicants about convictions until the applicant has received a conditional offer of employment. At that point, the employer can ask about felony convictions, but not misdemeanor or traffic violations. Is your employer allowed to ask? The answer to this question depends on which state you are in. In Michigan, employers are allowed to ask about criminal convictions, but they are limited in the types of convictions they can inquire about and when they can do so (as noted above). Failure to comply with these limitations can lead to discrimination lawsuits. Are you required to disclose that information? If an employer in Michigan asks you about your criminal convictions, you are generally required to disclose that information truthfully. However, if the employer is asking about misdemeanor or traffic violations, you can answer "no." This is not true for job applications in Michigan City, where you must disclose even minor traffic violations. How can the employer use that information? Employers in Michigan are generally forbidden from using your criminal history as an automatic reason not to hire you. Instead, they must weigh several factors, including the nature of the offense, when it occurred, and its relation to the job. Typically, employers must have a legitimate business reason for denying someone employment based on their criminal history. Your attorney may be able to help identify if your employer is assessing your criminal history in this way. How can an attorney help me? An attorney can help you navigate the complex legal terrain surrounding the use of criminal convictions in employment decisions in Michigan. If you have a criminal history, getting an attorney involved early in the hiring process can help ensure that you are not unfairly denied employment and that your rights are protected. Additionally, if you have faced discrimination in the hiring process due to your criminal history, an attorney can help you file a complaint. If you have a criminal history and are seeking employment in Michigan, there are limitations to what an employer can ask and how they can use that information. By understanding your rights and working with an attorney who is well-versed in employment law, you can help protect yourself from discrimination and unfair treatment during the hiring process. Always remember to be honest, but also to be informed about your rights, and don't be afraid to seek legal advice if you need it.

Filing for bankruptcy can be an overwhelming process, especially when navigating through the complex and confusing legal system. In chapter 13 cases, it is essential to have a bankruptcy attorney by your side to ensure that all your legal proceedings run smoothly. While anyone can file for chapter 13 bankruptcy without an attorney, having legal representation can make all the difference in the outcome. In this blog post, we'll discuss the primary role of a bankruptcy attorney in chapter 13 cases and why you should hire one when filing.  1. Ensure Eligibility: Chapter 13 bankruptcy is not available to every debtor, and an attorney can help determine if you are eligible for chapter 13 bankruptcy. Your attorney will analyze your debts, income, and expenses and assist you in creating a feasible repayment plan. If your financial circumstances do not meet chapter 13 requirements, your attorney may suggest other options, such as chapter 7 bankruptcy. 2. Legal Guidance: The bankruptcy process involves a lot of legal proceedings, documentation, and court appearances. An attorney can guide you throughout the process, explaining the legal jargon, and ensuring that you are aware of your rights and obligations. Having an attorney by your side will give you the peace of mind that you are making informed decisions and that your legal rights are being protected. 3. Represent You in Court: A bankruptcy attorney can represent you in court-related matters and ensure that your case is appropriately handled. This representation includes filing court documents, negotiating with creditors, attending court hearings, and presenting arguments on your behalf. Your attorney can also answer questions from the bankruptcy trustee and provide evidence to support your case. 4. Help Avoid Mistakes: One significant advantage of having a bankruptcy attorney is that they can help you avoid making mistakes that could lead to the dismissal of your case. Dismissals often occur when debtors fail to follow court orders or provide the required information to the bankruptcy trustee. An attorney can ensure that you are following all necessary steps, preventing the dismissal of your case. 5. Speed Up the Process: Filing for bankruptcy can be a lengthy and time-consuming process. Hiring an attorney can help speed up the process by ensuring that paperwork is filed correctly and quickly. This is particularly important because the sooner you complete the process, the sooner you can begin rebuilding your credit. Filing for bankruptcy is a complicated process that requires careful navigation through the legal system. Chapter 13 bankruptcies, in particular, are a complicated legal process. While it may be tempting to file for bankruptcy without legal representation to save money, hiring a bankruptcy attorney can make all the difference in the outcome. An attorney can help ensure eligibility, guide you through the legal process, represent you in court, and help you avoid making any mistakes that may result in the dismissal of your case. If you are considering filing for chapter 13 bankruptcy in Michigan, schedule a consultation with a bankruptcy attorney today. Their guidance and representation can help take the stress out of the filing process and provide you with peace of mind that you are making informed decisions.