What is a Friend of the Court?

Most cases involving minor children are referred to Friend of the Court, an agency which assists the court by consulting and enforcing cases involving custody, parenting time, and (spousal and child) support disputes. The Friend of the Court will assist the parties in coming to a mutual agreement that’s beneficial to both, with a focus on the best interests of the minor children.  Friend of the Court offers many services, including mediation, support enforcement, assistance with review hearings, show cause hearings and more. If both parties agree, they can “opt out” of Friend of the Court services, which means that they won’t be able to utilize the services or enforcement powers the Friend of the Court offers. 

Child support is then determined by the custody determination as well as each party’s financial status and ability to provide for the minor child(ren). 

Learn more about getting a divorce in Michigan with children here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about divorce in Ann Arbor, contact us today! Divorce attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

What You Need to Know About Divorces with Minor Children in Michigan

Unlike a divorce without minor children, when minor children are involved there’s a minimum waiting period of 6 months before the Court will grant a divorce. During the divorce process, you’ll settle issues regarding spousal support, property division, and division of marital debt, as well as custody issues and child support regarding the minor child(ren).  There are two types of custody: physical and legal.  Physical custody determines who the children reside with, while legal custody grants the rights to make important decisions regarding the child(ren), including medical, educational and religious decisions.  Both custody matters can be granted to one parent (sole custody) or shared between both parents (joint custody).  

Learn more about getting a divorce in Michigan with children here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about divorce in Ann Arbor, contact us today! Divorce attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

How Long Does a Divorce Take in Michigan?

There’s a minimum waiting period of 60 days before the Court will grant a divorce. During the divorce process you’ll settle issues regarding spousal support (formerly known as alimony), property division (i.e., the marital home) and division of marital debt (i.e., credit cards, loans, etc.).  Many factors will be considered by the Court, including length of marriage, current living situation, income of both parties, standard of living during the marriage, each party’s contribution to the marital estate and more.  

Learn more about getting a divorce in Michigan without children here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about divorce in Ann Arbor, contact us today! Divorce attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

What You Need to Know About Divorces without Children in Michigan

If you want to be granted a divorce in Michigan, you must fulfill the residency requirements. At least one spouse must reside in the state of Michigan for a minimum of 180 days and be a resident of the county in which they’re filing 10 days prior to filing for divorce.  If both spouses file for divorce in Michigan, the first to file will take priority while the subsequent filing will be dismissed.  

Learn more about getting a divorce in Michigan without children here.

Get Started Today: Schedule Your Consultation!

 

If you would like to learn more about divorce in Ann Arbor, contact us today! Divorce attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. 

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Bitcoin 101

Bitcoin was the first example of cryptocurrency. Cryptocurrencies are an entirely digital currency, and bitcoins aren’t printed but are produced by computers and held electronically.  Bitcoin allows for a minimal amount or even no trust between the parties in the transaction. Bitcoin stores transactions through a blockchain, which is a specific type of database that stores every transaction ever made. Bitcoin calls the blockchain a “shared public ledger.”

Bitcoin is open-source; its design is public; nobody owns or controls bitcoin and everyone can take part. Bitcoin is legal and can be spent on anything. Many major companies accept bitcoin, including PayPal, Starbucks, and Etsy. 

Bitcoin is a relatively new type of currency, with many potential but unproven applications in the future. It is under increased scrutiny from regulators, and this is likely to continue as Bitcoin grows. Learn more here!

Get Started Today: Schedule Your Consultation!

If you’re interested in learning more about bitcoin and how it could affect your business,  please call Edwin Pear, Ann Arbor business attorney at 734-665-4441 or email him at epear@psedlaw.com.

Is Mortgage Relief Available?

Are you struggling to pay your mortgage?

There may be some relief available!

Upon a simple affirmation that the borrower is experiencing a financial hardship due, directly or indirectly, to the Covid-19 emergency, and submitting a request to the loan servicer, the borrower may obtain a forbearance without a fee or penalty.  Section 4022(b)(1).  In fact, the statute states that the servicer “shall,” with no additional documentation and with no fees or penalties, provide the forbearance.  Section 4022(c)(1).  As such, it is a broad order that allows many borrowers to obtain a loan forbearance.  The period of the forbearance is 180 days, which may be extended upon the borrower’s timely request for an additional 180 days.  Section 4022(b)(2).  This forbearance is available even if the loan had been delinquent.  The borrower can also shorten the forbearance period upon request.

In a typical forbearance, a borrower would not have to pay principal and interest payments on a loan.  The legislation states that during the forbearance period, no other fees, penalties, or interest shall accrue other than what would otherwise apply.  Section 4022(b)(3).  The legislation, however, provides no further details about the forbearance.  Congress may pass clarifying legislation or Fannie and Freddie may issue guidelines for servicers regarding the forbearance details.

Nevertheless, a forbearance does not reduce or forgive the principal owed, and interest would typically continue to accrue at the loan rate.  Moreover, a forbearance would not typically excuse payment of taxes or insurance, so if those are included in a monthly payment which is made to an escrow account, the borrower should consider continuing to make that portion of the monthly payment.

Have Questions About Your Mortgage?

If you have questions about your rights under the federal stimulus legislation, or need advice about negotiating the terms of your lease, please contact a real estate lawyer in Ann Arbor at PSED. 734-665-4441

Divorcing in Michigan Now Requires Full Financial Disclosures

The Michigan Supreme Court recently revised three Michigan Court Rules to streamline and simplify the exchange of financial information in divorces. The revisions to the discovery process should help move cases along more quickly as the exchange of financial information is required early in the case. It should also help you conserve costs within your divorce, particularly as those costs are usually paid out of the joint marital estate. It should also help clarify the grounds for the basis of attorney fee requests.

Read more about the three revised Michigan Court Rules here! 

Get Started Today: Schedule Your Consultation!

If you would like to learn more about divorce in Ann Arbor, contact us today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. Consult Wendy Alton for details.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Getting a Divorce? Be Prepared to Fully Disclose Financial Assets!

The Michigan Supreme Court recently revised three Michigan Court Rules to streamline and simplify the exchange of financial information in divorces.  Effective January 1, 2020, divorcing spouses must now automatically provide full financial disclosures under oath of their employment, income, assets and debts.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about divorce in Ann Arbor, contact Wendy Alton at PSED today! Schedule an initial consultation. 734-665-4441

How Will Stretch IRAs Impact Your Estate Plan?

Do you have a stretch IRA?

Were you planning on leaving money for your child or grandchild? 

You need to learn about the major change to retirement plans!

A new Act was passed eliminating the stretch IRA and replacing it with a 10-year pay-out period. This means a beneficiary can no longer stretch the pay-out over his or her lifetime. Instead, the entire IRA must be “emptied” by the end of the 10^th year after death. Therefore, the IRA gets into the hands of child or grandchild or imprudent beneficiary much sooner than anticipated.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about estate planning services and special needs planning options, contact an estate planning attorney in Ann Arbor today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with virtually everything law related. Consult your attorney for details.

Why is the Pre-Suit Preparation Important?

The Michigan Supreme Court recently adopted changes to the Rules of Civil Procedure that will completely overhaul the discovery process in Michigan to bring it closer to the procedures in federal court. If you’re not familiar with the Federal Rules of Civil Procedure the changes could be overwhelming, but for many litigants the changes will be welcome. 

The new rules will emphasize initial disclosures and document production. Instead of waiting until asked, parties will be required to disclose the factual basis of their claim or defense, the legal theories on which they rely or their case, possible witnesses or people with discoverable information, their computation of damages, and the location or types of documents in their possession that are relevant to the case. All of this information must be produced by a party without being asked. Practitioners in federal court will be familiar with this process, as it is similar to the Rule 26 disclosures required in federal cases. 

Learn more here about the changes the Michigan Supreme Court adopted to the Rules of Civil Procedure.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about civil law in Ann Arbor, contact Jeremy Kennedy at PSED today! Schedule an initial consultation. 734-665-4441

What exactly is Considered Remarriage?

If a remarriage is a change in circumstances for either modifying or terminating spousal support, what exactly is considered remarriage? That may seem like a straightforward question, but it was a question that went to the Michigan Court of Appeals in the case of Lueck v Lueck, a published case decided in May 2019.

In Lueck, the husband and wife agreed in their divorce judgment that spousal support would continue for a set amount of time or “until wife remarries.” After the divorce, the wife met someone special and had a religious commitment ceremony at her church where they exchanged traditional vows and rings. However, there were no witnesses and they didn’t apply for a marriage license.

Find out what happened in this case here.

Get Started Today: Schedule Your Consultation!

If you would like to learn more about divorce in Ann Arbor, contact Wendy Alton at PSED today! Schedule an initial consultation. 734-665-4441

Does Remarriage Terminate Spousal Support?

One of the most frequent questions our divorce clients ask is: “Does spousal support automatically end if the person receiving support remarries?” 

The law states that unless you agree to other terms in your divorce judgment, a remarriage is considered a change in circumstances. The court may terminate spousal support if the person receiving support remarries. MCL 552.13. It’s not an automatic termination, but remarriage is a change in circumstances that authorizes the court to end spousal support if the court chooses to do so.

Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about divorce in Ann Arbor, contact us today! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with your case and everything in between. Consult Wendy Alton for details.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorney for divorce in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

New Law Removes Criminal Records If Your Case is Dismissed Before Trial

Prior to June 12, 2018, however, a dismissal of charges still left a lingering stain on a person’s publicly-available record in the State of Michigan. In Michigan, if you are arrested or charged with a felony or certain misdemeanors your fingerprints and biometric information are entered into a system known as the Internet criminal history access tool (ICHAT). ICHAT aggregates criminal records and is used by employers and others to conduct background checks. 

Recently the Michigan Legislature passed a new law that allows the removal of your record if your charges are dismissed before trial. Learn more here!

Get Started Today: Schedule Your Consultation!

If you need help navigating the criminal process, contact Steven Tramontin, a criminal defense attorney in Ann Arbor! Attorneys at Pear Sperling Eggan & Daniels, P.C., can help assist you with virtually everything law related. Consult your attorney for details.

New Tax Changes Will Change the Way You Negotiate Divorce Settlements in 2019

Thinking about your taxes for 2019?

Are you recently divorced or thinking about divorce?

It will be important to consider all of the tax changes as you negotiate settlements in divorce cases, custody cases, spousal support and even child support cases in 2019. 

• Spousal support and alimony
• Personal exemptions and child tax credit
• Personal deductions

Read more here about how these changes could affect you. If you need more detailed tax advice, please consult a tax professional.  

Get Started Today: Schedule Your Consultation!

If you would like to learn more about new tax changes effecting divorce, contact PSED Law today! Our divorce attorney in Ann Arbor, Wendy Alton, can help assist you with divorce and everything in between. 

New Tax Changes Will Affect Your Divorce in 2019

While we’re not tax professionals, we’re paying attention to some significant tax changes that are in effect now and are also effective as of January 2019.  These changes will have quite an effect on how settlements are negotiated in divorce, custody and support cases.

If you would like to learn more about new tax changes effecting divorce, contact PSED Law today! Attorneys at Pear, Sperling, Eggan, & Daniels, P.C., can help assist you with divorce and everything in between. 

Get Started Today: Schedule Your Consultation!

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our divorce attorney in Ann Arbor today at (734) 665-4441 for a no obligation consultation.

Believe You Have Been Defamed? Learn Your Rights!

Do you think you have been defamed?

Are you hurt by comments someone said about you?

Has your reputation been ruined or resulted in loss of income? 

Under Michigan law, a statement must assert facts that are “provable as false” in order to be considered defamatory. This is, in part, nothing more than a different way of saying that truth is an absolute defense against libel – you cannot be defamed if what’s being said about you is true. It’s more than that, however, as a statement must allege something “provable” – the person publishing the allegedly defamatory statements must be alleging something is a fact, not simply their opinion. Learn more here!

Get Started Today: Schedule Your Consultation!

If you would like to learn more about defamation and civil litigation services at PSED Law, contact us today! Attorneys at Pear, Sperling, Eggan, & Daniels, P.C., can help assist you with civil litigation and everything in between. Consult your attorney for details.

Our attorneys know how to get results for our clients and they’re dedicated to getting a satisfactory outcome. Contact our attorneys for civil litigation in Ann Arbor today at (734) 665-4441 for a no obligation consultation.