Questions Answered by Tracy Torni Gaudenzi

Q: I want a case reopened... how do i make that happen?

1 Answer | Asked in Criminal Law for Michigan on
Answered on Mar 18, 2014
Tracy Torni Gaudenzi's answer
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 look on-line).

2. If you are trying to help a person convicted, then you should contact an appellate attorney to assist you.

Either way, this is not a simple procedure. Your best bet is...

Q: How can i get my sister from her legal Guardian amd become her guArdian? ?

1 Answer | Asked in Family Law for Michigan on
Answered on Mar 10, 2014
Tracy Torni Gaudenzi's answer
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.

Q: How do I get an interest in a potential WDMI judgment?

1 Answer | Asked in Collections for Michigan on
Answered on Mar 3, 2014
Tracy Torni Gaudenzi's answer
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.

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?

1 Answer | Asked in Family Law for Michigan on
Answered on Mar 3, 2014
Tracy Torni Gaudenzi's answer
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.

Q: I got a dwi Have 2 prior in 2002,2004 why is suspension less this time

1 Answer | Asked in DUI / DWI for Michigan on
Answered on Feb 18, 2014
Tracy Torni Gaudenzi's answer
It is unclear what your question is--what were your prior suspensions and/or charges?

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?

1 Answer | Asked in Family Law for Michigan on
Answered on Feb 18, 2014
Tracy Torni Gaudenzi's answer
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 him/her.

As you can see, the answer is based on more facts. Seek a consultation from an attorney for further assistance. Good luck.

Q: In Michigan is there a certain amount of time that must pass before other party becomes notified of divorce summons?

1 Answer | Asked in Divorce for Michigan on
Answered on Feb 11, 2014
Tracy Torni Gaudenzi's answer
The Summons must be served on the other party within 91 days of filing. There is no waiting time to serve the other party.

Q: Is waiting period for divorce with minor children start when complaint is filed or when spouse is served?

1 Answer | Asked in Divorce for Michigan on
Answered on Feb 11, 2014
Tracy Torni Gaudenzi's answer
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 takes about 6 months for the case to run it's course through the Court and Friend of the Court. Good luck.

Q: What to list for an underwater mortgage

1 Answer | Asked in Probate for Michigan on
Answered on Feb 11, 2014
Tracy Torni Gaudenzi's answer
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 balance. Be sure to take the valuation of the property (tax statement as of time of passing) and lien balance with you when you file the inventory. Good luck.

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.

1 Answer | Asked in Family Law for Michigan on
Answered on Feb 11, 2014
Tracy Torni Gaudenzi's answer
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 and how the property is held (marital vs. separate). Best advice is to hire an attorney to help guide you through this stressful situation. Good luck.

Q: What forms do I need?

1 Answer | Asked in Divorce for Michigan on
Answered on Feb 11, 2014
Tracy Torni Gaudenzi's answer
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, depending what is involved with your divorce (e.g. assets, debts, children), then it might be best to contact an attorney to review your options and to be sure you are protected in the future. Good...

Q: A 17 yr old is being charged as an adult in a crime...whose responsible for an attorney

1 Answer | Asked in Criminal Law for Michigan on
Answered on Feb 11, 2014
Tracy Torni Gaudenzi's answer
It is according to the Defendant's (17 year old's) income, assets and obligations not the parents.

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

1 Answer | Asked in Divorce for Michigan on
Answered on Feb 11, 2014
Tracy Torni Gaudenzi's answer
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 may by difficult to proceed in Michigan absent some other issues (e.g. children). My advice is to contact a Texas attorney ASAP and explain the situation. Good luck.

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