Questions Answered by Jeffrey Noe

Q: Is an attempted arson a felony?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
If someone actually attempts to commit arson, it may be a felony. It depends on the value of the property involved and whether the person has prior convictions for arson or attempted arson. The most likely statute for someone to be charged under for attempted arson is MCL 750.79. The statute is a lot more specific than a general "attempted arson." The statute requires someone to use a flammable, combustible, or explosive liquid or material near a building or personal property with intent to...

Q: As a Grandparent, What are my rights as far as visitation?

1 Answer | Asked in Family Law for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
Under Michigan law, a grandparent may seek "grandparenting time" if (1) an action for divorce, annulment, or separate maintenance (legal separation) is pending before the court; (2) the child's parents are divorced, had their marriage annulled, or are living under an order of separate maintenance; (3) the grandparent's child is deceased; (4) the child's parents were never married, are not living together, and the child's father has been legally established; (5) someone other than a parent has...

Q: My ex husband is not paying me what the judge declared

1 Answer | Asked in Divorce for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
You may be able to get help from your county's Friend of the Court (FOC) unless you opted out of Friend of the Court services. You should call them and tell them that you husband is not paying the child support or spousal support that was ordered by the judge. FOC has some very powerful tools to use to get people to pay. For example, FOC may be able to get a judge to issue an arrest warrant for someone who is not paying support that the court ordered. FOC may also be able to capture the...

Q: I need a divorce attorney

1 Answer | Asked in Divorce for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
If you are filing for divorce, you are right to get a divorce attorney. Look for someone local--someone who practices in your county. Make sure the attorney you hire practices family law for a good portion of his/her practice. And it's also important to be sure you feel comfortable with the person you hire--that it's a good fit. You want someone who will treat you with respect.

Q: Ive filed all paperwork myself now I got a hearing date and he lawyerd up, but he sold all marital property already!

1 Answer | Asked in Divorce for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
This is one of the many problems of not having a lawyer handle your divorce. What do you do when problems arise? You should consider finding yourself a good lawyer. If you husband sold true marital property, your attorney may be able to get you a settlement to get the value of half of the value of the property your husband sold. If not, your attorney may ask the court to award you half of the value at trial.

Q: What can I do to make sure I get proper visitation with my kids?

1 Answer | Asked in Divorce for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
Getting proper legal representation is the most important thing you can do to assure that you get visitation (now called "parenting time") with your children. The most important question regarding the kids is custody. This is different than visitation/parenting time. After custody is decided and depending on the circumstances, your attorney will advise you whether you should ask for a specific parenting time schedule (i.e., naming the days and times when you get to see your kids) or a...

Q: Can a divorce agreement be amended? I agreed to get medical thru my employer lost my job no longer have insurance

1 Answer | Asked in Divorce for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
You say "divorce agreement." I assume you mean a Judgment of Divorce. It may be possible to get the Judgment of Divorce amended. How difficult this will be depends on whether your ex-spouse agrees to amend the Judgment of Divorce. If s/he does not agree, it may be difficult. It also depends on the language in the judgment. It sounds like you may be seeking to have him/her pay for your health insurance because you lost your coverage. This will be considered spousal support. Your Judgment...

Q: How do i go about getting my marriage anulled i have only been married for two months

1 Answer | Asked in Divorce for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
In Michigan, there are specific grounds for annulment. There are two sets of marriages that can be annulled in Michigan: those that are "void" and those that are "voidable." Marriages that are void are those that are illegal: the parties are related or one/both are already married to someone else. Marriages that are voidable are those that involve fraud or duress; one/both are too young under the law; one/both are incapable of consenting to being married (i.e., mentally incompetent). To...

Q: My exwife is intentionally delaying signing off the quit claim deed, in the divorce the judge awarded me sole possession

1 Answer | Asked in Divorce for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
If you have an attorney, contact your attorney. S/he will probably bring a "motion" in court before the same judge who granted your divorce to require your ex-wife to sign the quit claim deed on the property in question. You may want to look at your judgment of divorce to see if it includes language to require each of you to sign any documents necessary to give the other party clear title to property s/he received in the divorce. If that language is there (and if you have an attorney, it...

Q: If someone offered me money for sexual favors and i blackmailed them for money is that illegal

2 Answers | Asked in Criminal Law for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
Yes. What you did is illegal. It is a crime called "extortion." This crime is a felony. That means it's the most serious type of crime and carries a severe punishment. If you are prosecuted and convicted you may received up to 20 years in prison and a fine of up to $10,000. It is never right to commit a crime, but remember that to be prosecuted for the crime you described, someone (most likely the person who propositioned you) would have to report you to the police.

Q: How can I prosecute someone who commited a crime against me

2 Answers | Asked in Criminal Law for Michigan on
Answered on Apr 5, 2013
Jeffrey Noe's answer
The only person who can prosecute a crime is a prosecutor. This person is an official in the state, county, or municipality where the alleged crime happened. There are also federal prosecutors. Prosecutors decide which cases to prosecute based on the seriousness of the crime, the impact of the crime on the public, the strength of the evidence, and other factors. If a crime was committed here, it does not sound like a crime that would be prosecuted in most jurisdictions unless this is part...

Q: What is an order of dismissal for non-service in a divorce

2 Answers | Asked in Divorce for Michigan on
Answered on Apr 4, 2013
Jeffrey Noe's answer
An Order of Dismissal for non-service says that the person who filed for divorce (the "plaintiff") failed to serve the other spouse (the "defendant") with the Summons and Complaint and Complaint for Divorce before the Summons and Complaint expired. The expiration date of the Summons and Complaint is written (usually stamped) on the Summons and Complaint by the court clerk when the plaintiff files for divorce. The plaintiff is obligated to give the Summons and Complaint and Complaint for...

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