FAQ

Please follow the links below for online legal resources:

• FindLaw
• Lawyers.com
• AVVO
• JUSTIA
• US Courts
• MI Court Rules
• Legal Information Institute

This is a federal law allowing the discharge of unsecured debt and stops collection to make a fresh start.

Please give us a call to set up a consultation so that we can take control of the process and advise you for your particular situation. The important thing is to not ignore your divorce papers. You spouse can proceed with divorce even if you do not want to. You have a limited window of time to file your answer with the court.

The first person to file for divorce will be labeled the plaintiff (in most cases there is no advantage or disadvantage to this). The plaintiff fills out a Complaint for Divorce.

An estate is the property that you own which may include real estate, bank accounts, investments, insurance benefits, annuities, retirement plans, and other assets. Determining what this all includes is part of your estate planning, which is coming up with a plan for how your estate will be handled on the account of your death so that the State does not decide or control this for you. Gifts, wills, and trusts are all part of this process.

This is the legal process that occurs after someone dies, including proving a will is legal and identifying the deceased person’s property.

A power of attorney is a written, legal document that states an individual has legal power to act on behalf of another person in the case that that person’s health prevents them from making decisions.

Chapter 7 includes the possibility of liquidation of assets to cover your debt, while leaving you with enough property to make a fresh start. Chapter 13 means that your debts will be reorganized, and you will be allowed 3 to 5 years to pay them off.

Michigan law requires that all vehicles have no-fault coverage. You are not able to collect certain types of damages such as pain and suffering, but you might be able to recover certain damages such as wage loss. Contact us for more information.

Supplemental Security Income (SSI) is a needs-based benefit based on the assets and income of your household while Social Security Disability Insurance (SSDI) is based on the amount of money you paid into Social Security by working. It has nothing to do with your current assets or income.

There are 3 trial courts in Michigan: circuit court, district court, and probate court. The differences have to do with jurisdiction, which is the ability of a court to hear certain types of legal matters and the authority to issue binding decisions/orders in those types of matters. The jurisdiction of these courts is defined by statute.

Circuit Court

Circuit court in Michigan is a court of general jurisdiction, which means it has the broadest powers of the three trial courts in Michigan. The circuit court handles civil cases where the amount in controversary is over $25,000 and felony criminal cases. The circuit court also has a family division that hears cases regarding: divorce, adoptions, paternity, personal protection orders, emancipation of minors, name changes, juvenile offenses, delinquency, child abuse/neglect, child support, child custody, parenting time, treatment and testing of infectious diseases, and delivery of newborns. The friend of the court

The circuit court also has limited appellate powers. The court can hear appeals from lower courts, such as the district court or an administrative agency like the Department of Motor Vehicles.

The judges in circuit courts are elected to six-year terms.

Here is a list containing some of the Southwest Michigan circuit courts:

• Allegan County – 48^th Circuit Court (link to webpage)
• Barry County – 5^th Circuit Court (link to webpage)
• Berrien County – 2^nd Circuit Court (link to webpage)
• Cass County – 43^rd Circuit Court (link to webpage)
• Kalamazoo County – 9^th Circuit Court (link to webpage)
• Kent County – 17^th Circuit Court (link to webpage)
• Ottawa County – 20^th Circuit Court (link to webpage)
• St. Joseph County – 45^th Circuit Court (link to webpage)
• Van Buren County – 36^th Circuit Court (link to webpage)

District Court

District court in Michigan is a court of limited jurisdiction, which means its jurisdiction isn’t as broad as that of the circuit court. The district court hears all misdemeanor criminal offenses, landlord tenant matters, civil cases where the amount in controversy is above $5,000 and up to $25,000, some ordinance violations, small claims cases where the amount in controversy is less than $5,000, arraignments and preliminary examinations or probable cause hearings for felonies before  they are bound over (sent to) circuit court, and the bulk of traffic offenses.

Some counties, including Kent County, have multiple district courts.

District court judges are also elected to six-year terms.

Here is a list containing some of the Southwest Michigan district courts:

• Allegan County – 57^th District Court (link to webpage)
• Barry County – 56B District Court (link to webpage)
• Berrien County – 5^th District Court (link to webpage)
• Cass County – 4^th District Court (link to webpage)
• Kalamazoo County – 8^th District Court (link to webpage)
• Kent County – 59^th, 61^st, 62A, and 62B District Courts (59th) (61st) (62A) (62B)
• Ottawa County – 58^th District Court (link to webpage)
• St. Joseph County – 3B District Court (link to webpage)
• Van Buren County – 7^th District Court (link to webpage)

Probate Court

The probate courts in Michigan handle the administration of estates, wills, trusts, the appointment of a guardian or conservator, some adoption related matters, treatment for the mentally ill, and registration of foreign births.

Probate judges are also elected to six-year terms.