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Michigan Lawyer Blog

Annulment versus Divorce
Serafini, Michalowski, Derkacz & Associates

An annulment proceeding is instituted to obtain a ruling that a valid marriage never took place, because of a defect existing when the parties were married. A divorce proceeding is used to terminate a valid marriage, for reasons that occurred after the marriage took place. In Michigan, the statutory grounds for divorce is that there…

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What is a collaborative divorce?
Serafini, Michalowski, Derkacz & Associates

A collaborative divorce is one in which a couple hires attorneys, solely for the purpose of settling the case. Generally, a team of professionals assists the couple in dividing their assets, creating a parenting plan, and working together to come to an amicable resolution of any outstanding issues. In addition to the attorneys, the other…

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Mother jailed for failing to vaccinate son
Serafini, Michalowski, Derkacz & Associates

You may have seen the article in the news regarding a mother that was jailed for failing to vaccinate her son. Oakland County Judge Karen McDonald found that Rebecca Bredow was in contempt of court, for failing to vaccinate her son, despite her prior agreement that her son would be vaccinated. As a result, she…

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Tax issues to consider during a divorce.
Serafini, Michalowski, Derkacz & Associates

1.) Child support Exemption. Child support is neither deductible, nor taxable. That being said, the dependency exemption can only be used by one parent. Generally, the parent that has primary physical custody, can claim the exemption; or, the parties can alternate the exemption each year. 2.) Spousal Support. Spousal support is deductible to the payer,…

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Blac Chyna is receiving $20,000 per month in child support – how much are you entitled to?
Serafini, Michalowski, Derkacz & Associates

In the news recently is an article that Rob Kardashian agreed to pay $20,000 per month in child support, ending a heavily contested battle with ex-fiancee Blac Chyna. We frequently hear from clients that a friend of theirs is receiving a substantial amount of support, or not enough support, and they want to know what…

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What questions to ask during your divorce consultation?
Serafini, Michalowski, Derkacz & Associates

When your relationship has reached the point where divorce is imminent, you may realize that you need a divorce consultation, but may not realize which questions to ask or where to begin. Below is a list of questions that may help you more fully understand the divorce process and what your rights are: 1.) What…

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Can you afford the marital home?
Serafini, Michalowski, Derkacz & Associates

When divorcing your spouse, you need to understand the total amount of assets, including real estate, investment accounts, retirement accounts, etc. You also need to understand whether you are likely to receive spousal support. All of these factors will help you determine how your are going to support yourself after all of the assets are…

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What is a QDRO?
Serafini, Michalowski, Derkacz & Associates

A qualified domestic relations order, or QDRO, is a court order that allows the transfer of funds from a 401(k), or other qualified retirement account, to a spouse, pursuant to a judgment of divorce. A QDRO is one of the few instances that money can be withdrawn from a 401(k), without paying an early withdrawal…

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Information to bring to your bankruptcy consultation
Serafini, Michalowski, Derkacz & Associates

If you are considering filing for bankruptcy, you should bring the following documents to your free consultation: 1.) 3-6 months of paystubs; 2.) past two (2) years of income tax returns; 3.) If you own real property, you will need the property tax statement or appraisal; all recorded deeds, mortgages, or land contracts; and your…

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What is an automatic stay in bankruptcy?
Serafini, Michalowski, Derkacz & Associates

Section 362 of the United States Bankruptcy code provides for a stay of collection proceedings from the moment a bankruptcy proceeding is filed. An automatic stay is an automatic injunction that prevents any creditor action (with some exceptions), from continuing any collection activity against a debtor that has filed for bankruptcy. The stay is the…

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Client Reviews

Thanks so much for all your help these past five years in helping me with all the legal aspects of my folks, L & E.M's, trust. Thanks for answering all my questions. It's been a difficult last 5 years on making decisions for my father, but I'm so grateful that god blessed me with them for so many...

D.C.

I want to thank you both for all your help and hard work on my case. This certainly was good news! You both did tremendous jobs dealing with Cigna and answering my questions. Thank you and have a wonderful Christmas season!

Marc

Thank you so much for all of your help getting me thru this mess. You have no idea how much you have helped. I couldn’t have done this without you! Only one more hurdle, yay!!

B.T.

I really wanted to thank you, the way you talked with me and worked with me, it was amazing. I was dreading the experience & the deposition & you really made it very easy for me. So, thank you very much for a job well done.

H.H.

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