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 GainesIf 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.
Checklist: Issues To Discuss With Your Divorce AttorneyTop Michigan License Restoration Attorney If you have a revoked license for multiple drunk driving offenses contact us at Law Offices of Barton Morris for the best chance to get it back. Barton Morris and his legal team are highly experienced in conducting the Driver License Appeal Division Hearings and are very successful. Attorney Morris and his team not only prepare you for the hearing but also assists you with the preparation of letters and the substance abuse evaluation. The key to success is proper preparation and meticulous review of all evidence to be submitted. If everything goes as planned, your license privileges can be restored in as little as 10 weeks. Understanding the Process The reason most people are not successful in obtaining their license the first time is because they do not understand the process and what is expected. They believe that they can do it without an experienced attorney, then they have to wait a full year when they get denied. The ONLY way to ensure success is to retain an attorney who thoroughly knows the process which greatly increases your likelihood for victory. Review and Determine Eligibility The process begins by reviewing your driving record, which we can obtain immediately in the office, and determine your eligibility and conviction history. At this time, we will also engage in an extensive review of your personal history and provide a detailed overview of the process. Substance Abuse Evaluation You will be referred to the appropriate substance abuse evaluator for an evaluation and drug test. Once the evaluation is completed, we review it for accuracy and completeness with you prior to submission to the state. After submission it takes an average of six weeks to receive the hearing date. During that six weeks we assist the client in development and preparation and review of the required three to four letters from close friends and family documenting sobriety. Hearing Preparation Prior to the hearing we meticulously prepare the client with a mock hearing where we review all anticipated questions and ensure the client knows exactly what to expect. This includes questions that are particular to each of the hearing officers all of whom we are very familiar with and know what they individually are looking for. During the hearing we will conduct the examination and presentation of the evidence. We also handle any follow up investigations or evidence submission. Next Steps After Approval After your license is approved, if a Breath Alcohol Ignition Interlock Device is required, we will assist you in procuring this device at the best cost available. 93% Success Rate in 2016 If you’ve recently been denied your license, call the Law Offices of Barton Morris as soon as possible. Attorney Morris and his experienced legal team has a high probability to win this case on appeal or at least get you an earlier hearing date. Commonly Asked Questions DOES A PERSON NEED A LAWYER FOR A LICENSE RESTORATION? DOES A PETITIONER NEED TO ATTEND AA? HOW DO WE ACHIEVE A HIGH PERCENTAGE OF SUCCESS? WHAT IS THE IMPORTANCE OF A GOOD SUBSTANCE USE EVALUATION? WHAT NEEDS TO BE INCLUDED IN THE LETTERS OF SUPPORT? Helpful Resources To visit the State of Michigan’s website regarding license restoration.