SMDA is pleased to update the status of the victory in the trial win against the auto insurer of a grieving family of their minor daughter who was seriously injured in a motor vehicle collision. SMDA tried this case to verdict and successfully defended the case in the Court of Appeals and the Supreme Court.…
Continue reading ›ot many people know about uninsured or underinsured motorist coverage. Uninsured motorist coverage covers you when you are injured as a result of a driver who did not have insurance, a hit and run driver, or a driver of a stolen car. Uninsured motorist coverage is provided by your own insurance company. The cost of…
Continue reading ›For many couples, the bulk of their assets are located in retirement accounts. The division of these assets, and the tax consequences associated with such, is a significant concern. Generally, you are entitled to half of the marital portion of your spouse’s retirement accounts and vice versa. The actual division of the accounts depends on…
Continue reading ›As long as an individual was married at least 10 years, was divorced, and is currently single, he or she can collect Social Security benefits on an ex-spouse’s earning record as if they were still married. This applies even if the former spouse has remarried. An additional benefit for spouses born on or before January…
Continue reading ›When you are considering filing for divorce, it is helpful to understand your financial situation – both individually and as a couple. You will want to have a general idea of the marital assets and debts. This will allow you to consider the amount of the assets that are subject to division, and how much…
Continue reading ›n Rinvelt v. Rinvelt, 190 Mich App 372, 380; 475 NW2d 478, 482 (1991), the Court of Appeals held that prenuptial agreements governing the division of property in the event of divorce are enforceable if the following criteria is met: 1.) Was the agreement obtained through fraud, duress or mistake, or misrepresentation or nondisclosure of…
Continue reading ›Where a change of custody is sought, the initial inquiry is whether there is an established custodial environment. An established custodial environment (ECE) is an environment of “significant duration in which a parent provides care, discipline, love, guidance, and attention that is appropriate to the age and individual needs of the child. It is both…
Continue reading ›There are two types of custody that will be determined in a custody or divorce case. Legal custody involves major decisions affecting the child, including, but not limited to schooling, healthcare, and religion. Physical custody refers to the time spent with each parent. Custody differs depending on the situation. It is typical for legal custody…
Continue reading ›There are several case codes that you should be familiar with when filing a family law case. The court will require different standards of proof and different procedures, depending on which type of family case is filed. DP – A DP case is a case to establish paternity. A paternity case can be filed by…
Continue reading ›Answers to frequently asked questions regarding filing for divorce: 1.) Do I need an attorney to file for divorce? Answer: No. However, it is in your best interest to consult with an attorney when filing for divorce. Often times we hear from clients who have initiated the process themselves, and their case ends up getting…
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