Law Offices of Harris & Literski
810-626-3281
866-413-1606
Menu Contact

As a full-service firm, we offer skilled representation in the following areas:

Legal Services

Brighton Family Law Blog

Make sure your prenup complies with Michigan family law

From a young age, many people in Michigan already have an idea of what they want their marriage to be like. However, these plans usually have more to do with flowers, music and locations than something much more important -- financial security. Prenuptial agreements are an invaluable part of family law that allows individuals to protect their personal assets in the event that a marriage does not last.

Popular media, TV shows and movies tend to unfairly portray people who ask for prenuptial agreements as callous or uncaring. In reality, prenups offer significant protections for both parties and can often make the divorce process far easier. These agreements are especially helpful for:

  • Retirees
  • Individuals with children
  • Business owners
  • Couples with high-earning jobs

Special considerations for mental illness in Michigan family law

Mental illness can put tremendous stress on families, and for some, it might be the breaking point. If a spouse feels at risk or genuinely unhappy because of a significant other's ongoing mental health issues, ending the marriage can be an understandably healthy decision. However, there are family law implications in Michigan that can affect how the divorce may proceed.

Mental illness is a catch-all phrase that may apply to many different things. For some their mental illness may be depression or anxiety, while others suffer from an addiction for which they are genetically predisposed. These illnesses are wide and varied, and have different effects on the sufferer and his or her marriage. Regardless, Michigan does not allow for divorce filings based on either substance abuse or mental illness. Couples can still file for divorce based on other grounds.

Drugged driving tests could affect your criminal defense needs

Drivers usually understand that they might be asked to submit to a Breathalyzer or blood test if pulled over for suspected drunken driving, but a new program could have officers asking for something else. At least one Michigan county is launching a one-year program that allows officers to administer saliva tests during traffic stops. This could have serious implications for criminal defense plans.

Like drunk driving, state law forbids people from getting behind the wheel while under the influence of drugs. Until recently there were not any effective ways to test drivers during traffic stops, but evolving technology led to the signing of a new law in 2016. The Preliminary Oral Fluid Analysis law allows trained officers to administer saliva tests when they suspect a driver is engaged in drugged driving.

DUI criminal defense unlikely to be affected by expiring law

The legal blood-alcohol limit for driving in Michigan is .08, the same as many other states across the rest of the United States. This similarity in legal limits is not a coincidence, as federal funding for state highway needs are tied to keeping the BAC limit for driving at .08. Although this limit is set to expire soon, it is unlikely that it will affect the criminal defense for those accused of drunk driving.

Prior to 2003, the state's BAC limit was .10. That year the federal government decided that anything above .08 was too high and putting individuals at risk, and so it mandated that highway funding would only be given to states that lowered their legal limit. Michigan chose to do so, but it also built expiration dates into its laws.

November driving hazards in Michigan

The transition from fall to winter in Michigan makes driving even more precarious than normal. It is not quite either season, so you have to be ready for the conditions of both.

Although a nuisance, this preparation effectively increases your safety on the road and decreases the likelihood of an auto accident. Some of the most common dangers this time of year include the following environmental hazards.

Steps to take after an auto accident in another state

Car accidents happen every day in Michigan. According to data compiled by the Michigan State Police, over 300,000 car crashes occurred in the state in 2016. A majority of those crashes only resulted in property damage, but many resulted in injuries as well. 

After being involved in a car accident anywhere, you want to seek medical treatment immediately. Even if you seem all right, it is better to be safe than sorry. Many drivers worry about what to do when they become involved in a collision in another state, which is common during the holidays. However, the process is relatively the same. 

Personal injury: Ambulance driver caused fatal wreck

Ambulances, fire engines and other emergency vehicles are usually symbols of hope on the road. This was not the case for a recent fatal accident, in which one person was killed. These types of personal injury and wrongful death situations in Michigan are nothing short of tragic, and can cause immense emotional pain and suffering to the surviving family members.

It does not appear as if the ambulance was responding to an emergency at the time of the wreck. There are currently no reports of its sirens or lights being engaged, and a spokesman from the police department reported that the driver was returning to an area station for shift change. Police believe that the driver of an ambulance caused the wreck when he blew through a stop sign, striking another vehicle.

Michigan mother jailed for ignoring family law court order

Divorcing parents are usually advised to go through the courts when dealing with matters pertaining to their children. This helps ensure that the child's best interests are protected, even if mom or dad decide that they no longer want to abide by a court-ordered agreement. A family law issue in Michigan recently made national news when a mother was jailed after refusing to comply with a court order.

The 40-year-old mother and her ex-husband share custody of their 9-year-old son, including joint legal custody, which gives them both the opportunity to make decisions regarding his education, religion and -- at the heart of this issue -- medical care. The boy's father claims that he wanted to have his son receive up-to-date immunizations, but that the mother always refused to comply. She also filed a religious objection form concerning the immunizations with the child's public school, which the husband's attorney claimed was simply self-serving.

Michigan family law allows for modifications to child support

Child support and custody arrangements made during a divorce are usually appropriate for the time and circumstances. However, life can be unpredictable, and what once worked might no longer be the best arrangement. Michigan family law allows for changes to be made to both child support and custody orders when necessary.

The need for changes to child or spousal support usually arises from a substantial change for the paying parent. This is referred to as material change in circumstances and, depending on the change, can lead to either a decrease or increase in payments. Material change in circumstances can include any of the following:

  • An involuntary job loss
  • Considerable medical expenses
  • A pay decrease or reduced hours
  • New or increased child-related expenses
  • Other changes that impact a person's ability to pay, or the needs of the benefiting child or spouse

Criminal defense might be top priority re McDonald's DUI charge

A Michigan man was arrested after what police say was erratic behavior at a closed fast food restaurant. Accused of driving while under the influence of alcohol, police took to social media to describe the events leading up to his arrest. It is not clear what effect -- if any -- the police's internet ramblings might have on his respective criminal defense.

Police used Facebook -- a popular social media website -- when releasing information about the alleged incident. They claim that a 57-year-old man was intoxicated when he pulled into the drive-thru of a closed McDonald's restaurant, where he waited for approximately 15 minutes. During that time he apparently honked his horn repeatedly and expressed outrage that his order had not been taken.

Law Offices of Harris & Literski
123 Brighton Lake Road, Suite 205
Brighton, MI 48116

Toll Free: 866-413-1606
Phone: 810-626-3281
Fax: 810-229-4764
Brighton Law Office Map

Review Us
Get In Touch

Questions Welcomed Free Initial Consultation

Tell Us About Your Personal Legal Matter

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy