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Questions Answered by Tracy Torni Gaudenzi
1 Answer | Asked in Criminal Law for Michigan on
Q: I want a case reopened... how do i make that happen?

I want a "solved" murder case reopend and i dont know who to call

Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Mar 18, 2014

My answer depends on a few scenarios:

1. If you have information/evidence that a person was wrongfully convicted, then contact the police department and the defendant's defense attorney. The defense attorney's contact information can be found in the court records (call the court and ask or...
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1 Answer | Asked in Family Law for Michigan on
Q: How can i get my sister from her legal Guardian amd become her guArdian? ?
Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Mar 10, 2014

You would need to file a Petition with the probate court. Without the consent of the present guardian, you should consult with an attorney for assistance.

1 Answer | Asked in Collections for Michigan on
Q: How do I get an interest in a potential WDMI judgment?

If a part of my divorce judgment says I get 1/2 interest in my ex's federal district suit in Michigan, do I need to file a lien or do I need to get into the suit?

Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Mar 3, 2014

Place a lien on the court file. Ask your attorney to assist you to notify and confirm that all attorneys involved with the civil suit are aware of the Judgment.

1 Answer | Asked in Family Law for Michigan on
Q: If the father of my child has had nothing to do with my child and the child was born in michigan can I legally move?

My child is 15 months old and the father has never been there at all.. well now that his mother is upset that we moved she is forcing him to fight for visitation rights... now that I have moved 250 miles away can he legally force me to move back closer to him? Or since he hasn't been part of the... Read more »

Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Mar 3, 2014

It sounds like there has been no court action or involvement regarding child support, custody or parenting time.

If that is the case, then you are under no obligation to seek his or the court's permission to move.

1 Answer | Asked in DUI / DWI for Michigan on
Q: I got a dwi Have 2 prior in 2002,2004 why is suspension less this time
Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Feb 18, 2014

It is unclear what your question is--what were your prior suspensions and/or charges?

1 Answer | Asked in Family Law for Michigan on
Q: I have joint custody, can my ex leave my child with his parents if I am able to care for my child during that time?
Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Feb 18, 2014

It depends on what the Judgment or Order regarding custody/parenting time states. If it is silent regarding "right of first refusal," then it would depend on the frequency, duration and reason that the grandparents are having to care for the child. Also, the amount of time that you have with... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: In Michigan is there a certain amount of time that must pass before other party becomes notified of divorce summons?
Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Feb 11, 2014

The Summons must be served on the other party within 91 days of filing. There is no waiting time to serve the other party.

1 Answer | Asked in Divorce for Michigan on
Q: Is waiting period for divorce with minor children start when complaint is filed or when spouse is served?

Filed in July 2013...served sept 2013...when does 180 days begin?

Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Feb 11, 2014

From the date the action was commenced, which is July. However, depending on the Court's docket, it could be longer. Also, depending on the Judge/Court, a portion of this time could be waived if agreed to by both parties and the Judge finds there is compelling reason to do so.

Typically, it...
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1 Answer | Asked in Probate for Michigan on
Q: What to list for an underwater mortgage

I am the representative of my brothers estate. I have to file an inventory list of his personal and real property. His house is under water by about 35,000.00. His mortgage is 95182.89.00 and it the SEV is 30800. I know the instructions state that on or after March 28, 2013 the lien amount will be... Read more »

Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Feb 11, 2014

The amount cannot be less than zero. Here (hopefully, it will work) is a link to the Inventory form. http://courts.mi.gov/Administration/SCAO/Forms/courtforms/probate/pc577.pdf

You may have received an outdated version from the Court. The current version shows a place for value and lien...
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1 Answer | Asked in Family Law for Michigan on
Q: If my wife is being unfaithful,and i have proof,does she have rights to my savings and possesions? She has her own job.
Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Feb 11, 2014

Unfortunately, there is not enough information to conclude either way. Michigan is a no fault state, so a divorce can be sought and achieved regardless of fault. However, fault is a factor is the division of property...BUT it is just one factor, and it depends upon the totality of all the factors... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: What forms do I need?

I file my papers in July which he came with me and accepted them the same day. He never file a response and I need to file a Default against him. I schedule my Entry for divorce. What papers do I need with me when I file the motion for Default?

Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Feb 11, 2014

You might have passed the deadline to request Default. I would suggest that you go to the Court, and find out if the case has been dismissed for inactivity. If it has, then ask the procedure to reinstate. If it has not, then ask if the Court has the forms to proceed with a Default.

However,...
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1 Answer | Asked in Criminal Law for Michigan on
Q: A 17 yr old is being charged as an adult in a crime...whose responsible for an attorney

Do they go by the 17 yr old income or the parents when looking at if he/she can afford an attorney..if the parents are responsible for the attorney costs and refuse to get an attorney what happens?

Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Feb 11, 2014

It is according to the Defendant's (17 year old's) income, assets and obligations not the parents.

1 Answer | Asked in Divorce for Michigan on
Q: My husband says a judge has signed a divorce decree, I have never been served with it. How do I find it, or disconfirm i

I moved from Texas to michigan one year ago I filed for a divorce after I established legal resisdency, I did it improperly and I have to start over. My husband says he filed a for divorce in Texas. I was served with a petition but no hearing date, i was told not to respond to the petition because... Read more »

Tracy Torni Gaudenzi
Tracy Torni Gaudenzi answered on Feb 11, 2014

You need to contact an attorney in Texas. The advice that you received regarding responding to the Texas paperwork could only work if you filed here in Michigan as well. Then the states would have to determine who has jurisdiction. However, since you resided in Texas, and he filed first, then it... Read more »

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