Lawyers, Answer Questions  & Get Points Log In
Michigan Questions & Answers
1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Husband threatening me.

I had an affair that ultimately resulted in me filing for divorce. My husband agreed that was what he wanted. He moved out as soon as the papers were filed. I live in MY house with our three kids. My oldest is almost 13 and when we were all together before he moved out, we both agreed she was... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 25, 2020

What you are experiencing is unfortunately not all that uncommon when divorces are filed - emotions and feeling change, and people's memories of how things were become fuzzy.

There is an orderly process to resolve divorce issues through the court system; and that process is intended to...
Read more »

1 Answer | Asked in Traffic Tickets and Civil Rights for Michigan on
Q: Why is there a hold on my car at the impound lot, i got pulled over on the 9th sept 2020. No insurance.. So they towed

It, now as of this day sept 24th 2020 i found this out, now they are telling me call tomorrow business hours, public safety dept told me they will get the officers that pulled me over to call me, keep my phone close.

Brent T. Geers
Brent T. Geers answered on Sep 25, 2020

At this point, the only ones who can tell you why there might be a hold is the police department because they are the ones who would have put the hold on. Call or wait for them to call you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I want to win my divorce and custody case between me and my wife.

She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. I am in Oak Park Michigan. I have been married for 16 years and there are four minor children. My son lives with me. What is my next legal step? I already tried to get the case dismissed and... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2020

The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: What should I do? Should I appeal or should I just pay the dumb ticket?

I got caught speeding. I was going 83 in a 45. He only charged me 70 in a 45 I believe. I am new to the area. I moved he last month to go to college at gvsu and I just didn't know how fast roads are. I came from Texas that is a state that drives really fast so I'm used to going 80 on back... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2020

How much time and money do you want to spend to find out how much you still owe and how many points will be added to your license? Your explanation is not a legal defense. As you are in college, you probably have better things to do with your time than fight this.

1 Answer | Asked in Contracts and Banking for Michigan on
Q: Can a bank cancel my gap insurance because they mess up on my loan?

apparently they do not offer gap insurance on the type/length of loan we have. But we sign paperwork stating they will cover it 2 months ago.

Adam Alexander
Adam Alexander answered on Sep 23, 2020

There may be language in the GAP contract allowing them to back out. Obviously you should get your money back for the contract. If it was part of your finance contract, you may want to request a new breakdown of costs because the Truth in Lending Act requires them to provide perfectly accurate... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does my employer have to pay me holiday pay if I'm on leave under FFCRA?

I'm currently on leave under the FFCRA or expanded FLMA. Labor day fell during my leave and my employer is refusing to pay me for it and won't explain why. All I've been told is that they have less than 50 employees so they didn't have to participate in offering FMLA, and I... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi. Under the FFCRA, an employer with fewer than 500 employees is required to offer up to two weeks (80 hours) of paid sick leave at the employee's regular rate of pay if you are quarantined, or, at two-thirds your regular rate of pay if you are unable to work to care for a child whose school... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Michigan on
Q: I am a US resident and need to protect my US registered trademark.

I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 23, 2020

Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!

1 Answer | Asked in Intellectual Property and Internet Law for Michigan on
Q: Can I sue my web designer?

I hired a web developer to design three websites. He bought my domain names and hosted the sites on his server for a year. Before they were set to expire, he contacted me to inquire about renewing hosting. I decided instead I would like to change hosting. The web developer then cut off my websites... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 23, 2020

Before giving you a definite answer, I would need to see the contract between you two. But generally speaking, this arrangement is a work-for-hire, and whatever he developed should belong to you. So you will likely have a claim for damages against him.

1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: Biometrics Appointment

When you go for your biometrics for a permanent resident card renewal do they ask if you have ever been convicted of a felony or misdemeanor or do you fill out a form that asks if you have been convicted of one of those offenses?

Or is the biometrics appointment just for fingerprints, photo... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 21, 2020

No. However the information is likely to show up on the background check.

1 Answer | Asked in Estate Planning for Michigan on
Q: How do I proceed? My single deceased mom's home in Michigan was sold a few weeks ago at auction. I have three siblings.

My mom died in 2016. My brother was in charge of my mom's estate and even had one of his kids living in our moms house since 2016 until recently (he never consulted me). Moms house was just sold at auction a few weeks ago, After back taxes were paid there is a sum of money left over. My... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 20, 2020

You need to hire a local attorney in the county where your mother resided.

Your situation is far too complicated to provide an appropriate answer in a Public forum like this — you need to consult with a local attorney ASAP.

— this answer is provided for information only and...
Read more »

2 Answers | Asked in Immigration Law for Michigan on
Q: I had my green card before I married my citizen wife. Our marriage was a traditional marriage,

But we never made a marriage certificate until last year plus We have 2 children. So can I file my citizenship application based on marriage? Thanks.

Adan Vega
Adan Vega answered on Sep 20, 2020

You can file for naturalization after you have been lawfully married to a U.S. citizen for at least 2 years and 9 months and you have held the resident status for that same period of time or more.

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: I have a claim for adverse possession and need help, land bank sold my yard! Been on my home 10 yrs

Lived in my home 10 yrs. my yard is fenced off by a privacy fence that’s attached to my home. Literally to the masonary of my home. Recently my neighbor tells me they bought my yard 25 feet of yard that’s btwn our homes. The Detroit Land Bank sold it, saying it was a lot. Sum1 dropped the ball... Read more »

David Soble
David Soble answered on Sep 19, 2020

Generally, to prevail in a claim for adverse possession, you will need to show the following:

1. Your use was open and notorious. Your use can't be secretive or hidden. Use is open to the public.

2. Hostile. Which means the use infringes upon the rights of the owners of...
Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: My husband and I are considering financing a loan to help children purchase a home. When can we quit claim deed to them

We would like to not keep this home in our name just need to know how long before when we can turn it over to them or sign a quit claim deed?

Kenneth V Zichi
Kenneth V Zichi answered on Sep 18, 2020

Don't even THINK about doing something like this without a lawyer reviewing the whole transaction.

Generally speaking if you're going to pay cash for a house, you can quitclaim it immediately to whomever you want.

BUT that is rarely a good idea.

Further, if...
Read more »

1 Answer | Asked in Probate for Michigan on
Q: My grandmother passed away, her 2 children don't want her house, they're letting HUD take it. I want to buy it.

My grandmother passed away, her 2 children don't want her house, they're letting HUD take it. I want to buy it, but they keep saying no they just want HUD to take it. How can I become an heir or get authorized to buy it so HUD's management company will discuss buying her house with... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 17, 2020

Has someone begun the probate process? You may have priority to do so if the ones 'ahead of you in line' don't, which it sounds as though may be the case. Did your grandmother leave a will? Are you listed in that will? What is the status of the house? Why does HUD have an interest?... Read more »

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can a mother leave the her kid with a boyfriend while she has visitation?

My nephews mom is on heroin with her boyfriend, we don't have 'proof' of her use only his, she gets him Thursday threw Monday but I know she's checking into a methadone clinic for the days he's supposed to be with her. She's leaving her son with her drugged out... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 17, 2020

The best course of action would be for the father to file a motion with the court.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: I would like to end my relationship with my kids' (8 yrs old and 7 mths) father and I want to take the children with me.

He's told me, if I decide to leave the relationship then the children must stay with him because we have all been living together at our apartment together for the past several years. I live in Michigan and I want to know if I have any rights being their mother. There is no custody order in... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 17, 2020

The answer to your question depends on whether his is the legal father to the children. From there, unfortunately, it may become a race to the courthouse. Unless you are married, you as the mother would have initial custody of the children. But not, do not expect the police to help in this matter... Read more »

1 Answer | Asked in Bankruptcy for Michigan on
Q: currently in chapter 13 and case has been confirmed. we own a mobile home but rent the lot that its on. we fell behind

fell behind on lot rent. what is a reasonable time to catch it up before a lift on stay is requested? we live in michigan.

Timothy Denison
Timothy Denison answered on Sep 16, 2020

You put the arrearages into the plan and you have two years to repay them.

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My ex and I have a custody 80/20 custody agreement. He wants shared custody but he lives over an hour from their school.

The children are 5&8 and I just bought a house where the school is across the street. The kids would have to be awake by 6-6:30 to be out of the house by 7:15 to be on time at 8:30 to school. I do not think this is an acceptable arrangement but I am still worried. He’s an active father and... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 16, 2020

One step at a time....has your ex filed anything with the court? Until he does, and a judge agrees with him, the court orders remain in place. It will be hard for any attorney to give you a definite opinion without a pleading. What can be said is that if your ex wants a change, it will be his... Read more »

1 Answer | Asked in Criminal Law for Michigan on
Q: Criminal record?

Will a violation of local ordinance, misdemeanor 3rd degree retail fraud that is a 1st and only offence go on your criminal record?

Someone said that if the box is checked for local ordinance and if you didn't get taken to the police station or fingerprinted after the offense then it... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 16, 2020

Not true at all. The case is likely being prosecuted by the local city attorney's office instead of the county prosecutor. We call it a difference between "city charges" and "state cases". That said, it's still a criminal misdemeanor once convicted.

1 Answer | Asked in Employment Law for Michigan on
Q: Am I able to collect unemployment if I quit my job due to mental stress and hostile work environment?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 16, 2020

People who voluntarily quit their jobs usually are not entitled to unemployment benefits. However, an exception to this rule exists if you can prove that a reasonable person would be forced to resign under the conditions of employment you were exposed to. To make this argument, you should list out... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.