We Americans love lots of things. We love to fall in love, we love to get married, we “love” to get divorced, and we love to move. Almost all of us fall in love (at the very least with our pets), almost all of us get married, almost half of us who get married get divorced, and almost half of us born in one state end up living in another. When our country was formed none of this was true. Marriage was near universal, divorce was unheard of, and most people stayed put.
State rights, one of our nation’s founding principles, made sense back then. It makes far less sense today. But your state of residence determines all kinds of things. These include the penalties for crimes you commit, how much you pay in taxes, how much you can collect in welfare, what you can leave your children when you die, where you can buy beer, whether you can smoke pot, whether you can readily get an abortion, and the list goes on.
One of the biggest issues some married couples face when they move across state lines is how they will fare if they get divorced. (And, again, almost half will untie the knot.) The answer may be far better or far worse depending on the state and even the county in which you reside. I say “may,” because if you reach an amicable settlement, that settlement may be legally approved no matter where you live. But if you have a contested divorce and end up leaving it up to a judge, she’ll likely apply state or county guidelines that can be very different depending on the state or country. Indeed, since only a few states and counties in the country have formal guidelines, the guidelines are mostly those set by the local judge. These judges are, of course, influenced primarily by what other judges in their locality and state are doing.
Why ‘brutal’ divorce laws must change in AtlasIf you are seeking a divorce, you may be tempted to file for divorce on your own using court provided documents or information from a book or website. While a do-it-yourself divorce may be acceptable in some situations, most people should consider hiring an attorney to represent their interests. Here are five reasons that a person should consider hiring an attorney during a divorce proceeding. Expert Advice An experienced attorney can help a person to make certain to receive everything that he or she deserves during a divorce. State laws do not necessarily support an even split of assets depending on the couple's situation. In many cases, a spouse is even entitled to retirement or other income that the other spouse will receive in the future. If your marriage has any complicated issues to settle, an attorney can be an invaluable resource. For example, if there is child custody and support issues, substantial income, debts, assets or future assets (an inheritance, etc.) then you should hire an attorney to protect your interests in a divorce. Reduce Stress Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you, he or she will take care of almost everything else, allowing you more time to take care of yourself and your family. You have enough things to worry about when you are getting divorced, let an attorney take care of the legal work. Avoid Mistakes There are two primary reasons that people make mistakes when completing their own divorce: the legal system is complicated and the stress of the divorce makes it difficult to think clearly. If you simply forget to address an issue such as medical or credit card debt or if you underestimate or overestimate the value of an asset, you can make a significant mistake in a divorce proceeding. Such a mistake may cause financial harm or will require future legal proceedings to correct. By hiring an attorney, you can rest assured that you case is being properly handled the first time and that you are avoiding costly mistakes that you might regret for the rest of your life. Clear and Binding Agreement Though a court will review any divorce documents that you present, the court may not understand what you are trying to do on each point of the divorce. This may result in a divorce decree that states something other than what you intended. By using an attorney, you can be certain that the legal documents presented to the court will accurately state your wishes and that the divorce decree will be free of errors or unclear language that may make parts of the agreement difficult or impossible to enforce. Avoiding Delays Though a person may use court provided documents to file for divorce, there can still be problems with completing the proper forms and providing adequate information and documentation. A person who goes to court without legal counsel may find that problems with the paperwork or other issues may result in a delay in the court's ruling. This may substantially delay the date that the divorce is final. By hiring an attorney, a person can avoid paperwork or other problems that could cause a delay and get the divorce completed as quickly as possible.
Should You Fire Your Divorce Attorney?Operating while intoxicated is a common offense in Michigan, but many people do not know their rights during a traffic stop. As a result, they wind up facing charges that they may have avoided, or they give the prosecuting authority evidence to use against them. Common mistakes during a traffic stop include: Giving the officer permission to search the vehicle; Providing too much information; And consenting to field sobriety tests. Michigan is an implied consent state, which means that drivers automatically consent to a chemical sobriety test. As a result, you will face penalties for refusing a breathalyzer test: One year license suspension for the first offense Two year license suspension for the second offense Five year license suspension for the third offense However, you can refuse to take a field sobriety test without penalty. Although this may make the officer suspicious, it could reduce the amount of incriminating evidence the prosecuting authority has against you. Depending on the circumstances surrounding your arrest, the breathalyzer results may be inadmissible, but if you fail a standardized field sobriety test, the prosecuting authority can still use that against you. If you are facing OWI charges in Michigan A Grand Rapids criminal defense lawyer with a reputation for winning cases can structure your defense and explain the potential outcomes of your case. Read on to learn more about the three standardized field sobriety tests: Standardized Field Sobriety Tests As the National Highway Traffic Safety Administration explains, there are three standardized field sobriety tests: The Horizontal Gaze Nystagmus Test; The Walk and Turn Test; And the One Leg Stand Test. During the Horizontal Gaze Nystagmus Test, the officer will see if the eye jerks at peripheral angles. Nystagmus is often exaggerated in people who are intoxicated. The officer who conducts the HGNT will look for three signs of impairment: Angle of jerking is not within 45 degrees; Suspect shows distinct jerking of the eyes; And the eye cannot follow a moving object. The One Leg Stand Test evaluates the suspect’s balance and coordination. You will stand on one leg with the opposite foot 6 inches above the ground. You will then have to count aloud until the officer asks you to lower the leg. The Walk and Turn Test also evaluates coordination. The suspect has to take nine steps heel-to-toe in a straight line, turn, and do the same in the opposite direction. According to the American Automobile Association, officers who conduct this test look for: Signs of imbalance; Ability to follow instructions; Ability to touch the heel to the toe; And the ability to walk in a straight line. If you are facing OWI charges in Michigan, there may be several defenses that apply to your case. For example, if the stop was unlawful, certain evidence – such as the breathalyzer results and the results of your field sobriety tests – may be inadmissible in court. A Grand Rapids criminal law attorney from Gordon & Hess, PLC can represent your interests.