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What to Do After a Car Accident in Michigan | Shimek Law Firm, PLLC

Tue, 12 Aug 2025 20:01:40 GMT

Injured in a Michigan car accident? Learn the 9 essential steps to take after a crash, protect your rights under Michigan’s No-Fault law, and find out when you can sue. Contact Shimek Law Firm, PLLC for a free consultation.

Getting into a car accident can be overwhelming, whether it’s a minor fender bender or a serious collision. In the moments after a crash, your actions can make a big difference for your safety, your legal rights, and your ability to recover compensation.

At Shimek Law Firm, PLLC, we’ve helped countless Michigan drivers navigate the aftermath of an accident. Here’s a step-by-step guide on what to do if you’re ever in this situation.

1. Check for Injuries and Call 911

Your first priority should be safety. Check yourself, passengers, and others involved for injuries. If anyone is hurt, call 911 immediately. Even if the accident seems minor, it’s best to notify law enforcement so there’s an official record of the crash.

2. Move to a Safe Location

If your vehicle is drivable and it’s safe to do so, move it to the side of the road to prevent further accidents. Turn on your hazard lights and use road flares or cones if you have them.

3. Exchange Information

Michigan law requires drivers to exchange the following:

Full name and contact information
Insurance company name and policy number
Driver’s license number
Vehicle make, model, and license plate number

Avoid discussing fault at the scene—stick to the facts.

4. Document the Accident Scene

Use your phone to take clear photos of:

Vehicle damage from multiple angles
The surrounding scene, including traffic signs or skid marks
Visible injuries
Road and weather conditions

If there are witnesses, ask for their names and contact information.

5. Seek Medical Attention

Some injuries—like whiplash or concussions—aren’t immediately apparent. Even if you feel fine, see a doctor promptly. Medical records are critical for any insurance or legal claim.

6. Notify Your Insurance Company

Under Michigan’s No-Fault Insurance Law , you must report the accident to your insurance company promptly. Your Personal Injury Protection (PIP) coverage will pay for certain medical expenses and lost wages, regardless of who caused the crash.

7. Understand When You Can Sue

Michigan’s No-Fault system limits lawsuits for car accidents. You may file a claim against the at-fault driver if you suffer:

A “serious impairment of body function”
Permanent serious disfigurement
Death (wrongful death cases)

A personal injury attorney can evaluate whether your case meets these thresholds.

8. Avoid Speaking with the Other Driver’s Insurance Company Alone

The other driver’s insurer may try to get you to give a recorded statement or accept a quick settlement. Speak with an attorney first to ensure you don’t settle for less than you deserve.

9. Contact a Michigan Auto Accident Attorney

An experienced lawyer can:

Gather and preserve evidence
Handle communication with insurance companies
Calculate your full damages, including pain and suffering
File a lawsuit if necessary

At Shimek Law Firm, PLLC, we work on a contingency fee basis—meaning you pay nothing unless we win your case.

Final Thoughts

Auto accidents can happen to anyone, but knowing what to do can protect your health, your rights, and your financial future. If you or a loved one has been injured in a Michigan car accident, our team is here to guide you every step of the way.

�� Call us today at (734) 285-5625 for a free consultation.

The Benefits of a Prenuptial Agreement in Michigan

Mon, 10 Jun 2024 21:09:55 GMT

Marriage is a significant milestone, symbolizing love, commitment, and the merging of two lives. While the emotional and romantic aspects of marriage are often celebrated, it is also essential to consider the practical and legal implications. One important consideration is the prenuptial agreement. In Michigan, as in many other states, a prenuptial agreement can offer numerous benefits, providing clarity and protection for both parties. Here’s why a prenuptial agreement can be a wise decision for couples planning to tie the knot.

Understanding Prenuptial Agreements

A prenuptial agreement, commonly known as a prenup, is a legally binding contract entered into by two people before they get married. This agreement outlines how assets, debts, and other financial matters will be handled in the event of a divorce or the death of one spouse. Prenuptial agreements can also address issues such as spousal support and the division of property.

Benefits of a Prenuptial Agreement in Michigan

1. Asset Protection

One of the primary benefits of a prenuptial agreement is asset protection. If either spouse has significant assets, a prenup can ensure that these assets remain protected and are not subject to division during a divorce. This is particularly important for individuals with family heirlooms, business interests, or substantial personal savings.

2. Debt Management

A prenuptial agreement can also address the handling of debts. It can specify that each spouse is responsible for their individual debts incurred before the marriage, protecting the other spouse from potential financial liability. This clarity can prevent conflicts and financial strain in the event of a divorce.

3. Clarifying Financial Rights and Responsibilities

Prenuptial agreements can outline the financial rights and responsibilities of each spouse during the marriage. This includes decisions about joint bank accounts, property ownership, and financial contributions to household expenses. Establishing these guidelines can promote transparency and reduce potential disputes over money matters.

4. Simplifying Divorce Proceedings

In the unfortunate event of a divorce, a prenuptial agreement can simplify the process. By having a clear plan for asset division, spousal support, and other financial matters, couples can avoid lengthy and costly legal battles. This can lead to a more amicable and efficient resolution, reducing emotional stress and financial burdens.

5. Protecting Business Interests

For individuals who own a business, a prenuptial agreement can provide essential protection. It can ensure that the business remains separate property and is not subject to division in a divorce. This protection can safeguard the business’s continuity and financial stability, benefiting both the owner and any business partners.

6. Preserving Family Wealth

If one or both spouses come from families with significant wealth, a prenuptial agreement can help preserve family assets. By clearly delineating which assets are considered separate property, a prenup can prevent family wealth from being divided in a divorce, ensuring it remains within the family.

7. Providing for Children from Previous Relationships

For individuals with children from previous relationships, a prenuptial agreement can ensure that their financial interests are protected. It can outline provisions for child support, inheritance, and other financial matters, providing peace of mind that the children’s needs will be met.

Creating a Prenuptial Agreement in Michigan

1. Seek Legal Advice

It is crucial to consult with an experienced family law attorney when creating a prenuptial agreement. Each party should have their own attorney to ensure that their interests are adequately represented and that the agreement complies with Michigan law.

2. Full Financial Disclosure

Both parties must provide full and honest disclosure of their assets, debts, and income. Failure to disclose relevant financial information can lead to the agreement being invalidated.

3. Fair and Voluntary Agreement

A prenuptial agreement must be fair and entered into voluntarily by both parties. Coercion, fraud, or duress can render the agreement unenforceable. Both parties should have sufficient time to review and consider the terms before signing.

4. Review and Update

It is essential to review and update the prenuptial agreement periodically, especially if there are significant changes in financial circumstances or family dynamics. Regular updates ensure that the agreement remains relevant and effective.

Conclusion

A prenuptial agreement is a practical and beneficial tool for couples planning to marry in Michigan. It provides clarity, protection, and peace of mind, helping couples navigate financial matters with confidence. By addressing potential issues before they arise, a prenuptial agreement can strengthen the foundation of a marriage, allowing couples to focus on building a happy and fulfilling life together. If you are considering marriage, consult with a family law attorney to explore how a prenuptial agreement can benefit you and your future spouse.

Estate Planning for Minor Children: A Comprehensive Guide

Fri, 31 May 2024 18:22:07 GMT

Estate Planning for Minor Children: A Comprehensive Guide

Estate planning is a critical aspect of financial preparedness, ensuring that your assets are distributed according to your wishes and your loved ones are taken care of in your absence. For parents with minor children, estate planning takes on an added layer of importance. This blog post delves into the key components and considerations for effectively planning your estate with minor children in mind.

Why Estate Planning is Crucial for Parents with Minor Children

As a parent, your primary concern is the welfare and future of your children. Estate planning is not just about distributing your assets; it’s about securing your children's future, providing for their care, and ensuring that they are raised in a loving and supportive environment if something happens to you. Without a proper plan, your children’s guardianship and financial security could be determined by the courts, potentially leading to outcomes that might not align with your wishes.

Key Components of Estate Planning for Minor Children

1. Naming a Guardian

One of the most important decisions you will make is naming a guardian for your minor children. This person will be responsible for their upbringing if you and the other parent are no longer able to do so. Consider the following when choosing a guardian:

- Values and Beliefs: Ensure the guardian shares your values and parenting philosophy.

- Location: Think about where the guardian lives and the impact on your children's lives.

- Willingness and Ability: Confirm that the chosen guardian is willing and able to take on this responsibility.

It’s advisable to name an alternate guardian in case your first choice is unable to serve.

2. Establishing a Trust

A trust is an effective way to manage and protect your children’s inheritance. By setting up a trust, you can specify how and when the assets should be used and distributed. This prevents minors from inheriting a large sum of money outright at a young age. Key types of trusts include:

- Testamentary Trust: Created through your will and comes into effect upon your death.

- Living Trust: Established during your lifetime and can manage your assets both before and after your death.

A trustee will manage the trust on behalf of your children. Choose someone trustworthy and capable of handling financial matters.

3. Writing a Will

A will is a fundamental document in estate planning. It allows you to:

- Distribute Assets: Specify how your assets should be divided.

- Appoint a Guardian: Formally name a guardian for your minor children.

- Establish a Trust: Direct the creation of a trust for your children’s inheritance.

Without a will, state laws will determine how your assets are distributed and who will care for your children.

4. Life Insurance

Life insurance provides a financial safety net for your children in the event of your untimely death. Consider the following when choosing a life insurance policy:

- Coverage Amount: Ensure it’s sufficient to cover living expenses, education costs, and any other future needs.

- Beneficiary Designation: Name the trust as the beneficiary rather than the minor child directly to avoid legal complications.

5. Beneficiary Designations

Review and update beneficiary designations on retirement accounts, insurance policies, and other assets. Ensure they align with your estate planning documents. Naming your trust as the beneficiary can help streamline the management of these assets for your children’s benefit.

Regularly Review and Update Your Plan

Life changes such as the birth of another child, changes in marital status, or changes in the financial situation of your chosen guardian can affect your estate plan. Regularly review and update your plan to ensure it remains relevant and effective.

Consulting with an Estate Planning Attorney

While it’s possible to create some estate planning documents on your own, consulting with an experienced estate planning attorney is highly recommended. An attorney can provide guidance tailored to your specific situation, ensure all legal requirements are met, and help you avoid common pitfalls.

Conclusion

Estate planning for minor children is an essential step in securing their future and ensuring their well-being in your absence. By carefully selecting guardians, establishing trusts, writing a will, and securing adequate life insurance, you can provide a stable and loving environment for your children no matter what the future holds. Take action today to protect what matters most—your children’s future.

Wills vs. Trusts - Which is Better?

Thu, 15 Feb 2024 15:44:18 GMT

Wills:

Definition: A will is a legal document that outlines how you want your assets to be distributed after your death. It also allows you to appoint guardians for minor children and specify other wishes, such as funeral arrangements.

Functionality:

Distribution of Assets: Wills specify who will inherit your property and in what proportions. They can distribute assets outright or in trust for minors or beneficiaries with special needs.
Probate Process: Wills typically go through probate, which is a court-supervised process of validating the will and distributing assets according to its instructions. This process can be time-consuming and costly.
Public Record: Wills become public record upon your death, meaning anyone can access the information contained in them.

Advantages:

Ease of Creation: Wills are generally simpler and less expensive to create than trusts.
Flexibility: You can easily update and revise a will as your circumstances change.
Nomination of Guardians: You can nominate guardians for minor children in a will, which is important for parents.

Disadvantages:

Probate: Wills typically go through the probate process, which can be time-consuming and expensive.
Public Record: Wills become public record upon your death, which may not be desirable for some individuals who value privacy.
Limited Protection: Wills offer limited protection from challenges by disgruntled heirs or creditors.

Trusts:

Definition: A trust is a legal arrangement where you transfer ownership of your assets to a trustee who manages them for the benefit of your beneficiaries according to the terms you've specified.

Functionality:

Asset Management: Trusts allow for ongoing management of assets, especially useful for minors or individuals who may not be capable of managing assets themselves.
Avoidance of Probate: Assets held in a trust generally avoid probate, which can save time and money and keep your affairs private.
Privacy: Unlike wills, trusts are generally private documents and do not become part of the public record upon your death.

Advantages:

Probate Avoidance: Trusts bypass the probate process, saving time and money and providing a quicker distribution of assets to beneficiaries.
Asset Management: Trusts allow for ongoing management of assets, which can be beneficial for beneficiaries who may not be able to manage assets themselves.
Privacy: Trusts are private documents, providing confidentiality and discretion regarding your estate plans.

Disadvantages:

Cost: Trusts are typically more expensive to create and maintain than wills.
Complexity: Trusts can be more complex to set up and manage than wills, requiring careful attention to detail and ongoing administration.
Initial Funding: Trusts require the transfer of assets into the trust, which can be a time-consuming process and may require additional legal work.

Similarities:

Estate Planning Tools: Both wills and trusts are estate planning tools that allow individuals to specify how their assets will be distributed after their death.
Legal Documents: Wills and trusts are both legally binding documents that must comply with specific legal requirements to be valid.
Appointment of Fiduciaries: Both wills and trusts allow you to appoint fiduciaries, such as executors or trustees, to carry out your wishes and manage your estate.

In summary, while wills and trusts serve similar purposes in estate planning, they have distinct differences in terms of probate avoidance, privacy, complexity, and cost. The choice between a will and a trust depends on individual circumstances, including the size and complexity of the estate, the desire for privacy, and the need for ongoing asset management. It's often beneficial to consult with a qualified estate planning attorney to determine the most appropriate option for your specific situation.

Virtual vs. In-Person Court Hearings

Mon, 12 Feb 2024 17:02:50 GMT

Attending court hearings virtually and attending in person each have their own set of advantages and disadvantages. Here's a comparison:

Attending Court Hearings Virtually:

Advantages:

Convenience: Participants can join hearings from anywhere with an internet connection, reducing travel time and costs.
Flexibility: Virtual attendance allows for scheduling flexibility, making it easier to accommodate multiple hearings or appointments in a day.
Accessibility: Virtual hearings can be more accessible for individuals with disabilities or mobility issues.
Reduced environmental impact: Virtual attendance eliminates the need for travel, reducing carbon emissions associated with commuting.
Enhanced safety: During pandemics or other health crises, virtual hearings minimize the risk of exposure to contagious illnesses.

Disadvantages:

Technical issues: Poor internet connection or technical glitches can disrupt proceedings and cause delays.
Limited interaction: Virtual hearings may lack the personal interaction and non-verbal cues present in face-to-face interactions, potentially affecting communication and understanding.
Security concerns: Virtual platforms may be susceptible to hacking or unauthorized access, raising concerns about the privacy and security of sensitive information.
Distractions: Participants may be more prone to distractions or interruptions when attending hearings from home or other non-traditional locations.
Formality and decorum: Maintaining the formality and decorum of court proceedings can be challenging in a virtual environment, potentially undermining the seriousness and respect for the judicial process.

Attending Court Hearings In Person:

Advantages:

Direct interaction: In-person attendance allows for direct interaction and communication between participants, fostering better understanding and collaboration.
Courtroom atmosphere: Being physically present in the courtroom helps participants fully experience the atmosphere and gravity of the proceedings.
Non-verbal cues: In-person interactions allow for the observation of non-verbal cues, such as body language and facial expressions, which can be crucial for effective communication and decision-making.
Enhanced security: In-person attendance facilitates better security measures and protocols, reducing the risk of unauthorized access or disruptions.
Tradition and formalities: In-person hearings uphold the traditional formalities and decorum associated with court proceedings, maintaining the integrity and respect for the judicial process.

Disadvantages:

Travel and logistics: In-person attendance requires travel to the courthouse, which can be time-consuming and costly, especially for participants who live far away.
Scheduling conflicts: Fixed hearing schedules may clash with other commitments or obligations, making it difficult for participants to attend in person.
Health risks: In-person attendance exposes participants to the risk of contagious illnesses, especially during pandemics or health emergencies.
Limited accessibility: Physical barriers and limitations may make it difficult for individuals with disabilities or mobility issues to attend court hearings in person.
Environmental impact: In-person attendance contributes to carbon emissions through commuting and transportation, potentially exacerbating environmental concerns.

In conclusion, both virtual and in-person attendance have their own advantages and disadvantages, and the choice between them depends on various factors such as the nature of the case, individual preferences, logistical considerations, and external circumstances such as public health concerns.

Why Hire an Attorney?

Mon, 04 Dec 2023 22:09:17 GMT

Hiring an attorney can offer a range of benefits, depending on the situation and legal matter at hand. Here are several advantages to consider:

Legal Expertise: Attorneys undergo years of education and training to specialize in specific areas of law. Their expertise and knowledge of the legal system can be invaluable when navigating complex legal issues. Whether it's drafting legal documents, providing advice, or representing you in court, an attorney's expertise can make a significant difference.
Legal Analysis and Strategy: Attorneys are trained to analyze legal issues and develop effective strategies to address them. They can assess the strengths and weaknesses of your case, identify potential legal arguments, and develop a plan to achieve the best possible outcome.
Guidance Through Legal Processes: Legal procedures can be intricate and overwhelming. An attorney can guide you through the entire legal process, ensuring that you meet deadlines, file the necessary documents correctly, and adhere to procedural requirements. This is particularly important in situations such as court appearances and negotiations.
Protection of Your Rights: Attorneys are advocates for their clients and are dedicated to protecting their rights. Whether you're facing criminal charges, involved in a civil dispute, or dealing with a family matter, an attorney will work to ensure that your rights are upheld throughout the legal proceedings.
Negotiation Skills: Many legal matters involve negotiation. Attorneys are trained in the art of negotiation and can represent your interests effectively. Whether it's reaching a settlement in a personal injury case or negotiating the terms of a contract, having an attorney on your side can improve the likelihood of a favorable outcome.
Access to Legal Resources: Attorneys have access to legal resources, databases, and networks that can be crucial to building a strong case. They can leverage these resources to gather evidence, research legal precedents, and strengthen your position in legal proceedings.
Risk Mitigation: Legal matters often involve risks, and an attorney can help you understand and mitigate these risks. By providing a realistic assessment of your situation, an attorney can guide you in making informed decisions that minimize potential negative consequences.
Streamlining Complex Legal Language: Legal documents and terminology can be confusing and complex. Attorneys are skilled at interpreting and explaining these intricacies in a way that their clients can understand. This ensures that you are fully informed about the legal implications of your situation.
Courtroom Representation: If your case goes to court, having an attorney to represent you is crucial. Attorneys are experienced in courtroom procedures, presenting evidence, and making persuasive arguments. Their presence can significantly impact the outcome of your case.
Peace of Mind: Knowing that you have a knowledgeable and experienced professional handling your legal matters can provide peace of mind. It allows you to focus on other aspects of your life while trusting that your legal concerns are being addressed competently.

While hiring an attorney involves costs, the benefits often outweigh the financial investment, especially when dealing with complex legal issues. Attorneys bring a level of expertise, guidance, and advocacy that can significantly enhance your chances of achieving a favorable outcome.

Post Divorce Co-Parenting Tips

Fri, 15 Sep 2023 14:22:04 GMT

7 Essential Tips for Successful Co-Parenting After Divorce

Introduction:

Going through a divorce is undoubtedly a challenging experience, and when children are involved, the situation becomes even more complex. Co-parenting after a divorce requires both parents to set aside their differences and prioritize the well-being of their children. While it may seem daunting, with proper communication, cooperation, and a child-centered approach, successful co-parenting can be achieved. In this blog post, we will discuss seven essential tips to help navigate the path of co-parenting after a divorce.

1 - Prioritize Effective Communication:

Effective communication is the cornerstone of successful co-parenting. Make it a priority to establish open and respectful channels of communication with your ex-spouse. Regularly share important information regarding your child's well-being, including health updates, school activities, and emotional development. Utilize various communication methods such as phone calls, emails, or even dedicated co-parenting apps to ensure clear and efficient communication.

2 - Develop a Co-Parenting Plan:

Creating a comprehensive co-parenting plan is crucial for establishing consistency and stability in your child's life. Collaborate with your ex-spouse to develop a plan that covers essential aspects such as visitation schedules, holidays, vacations, and decision-making responsibilities. A well-defined plan can minimize conflicts and provide a sense of structure for both parents and children.

3 - Be Flexible and Adaptable:

Flexibility is key to successful co-parenting. Recognize that unexpected events or changing circumstances may require adjustments to the co-parenting plan. Willingness to accommodate reasonable requests and being open to compromise can foster a healthier co-parenting relationship. Remember, it's in the best interest of your child to have both parents actively involved in their lives.

4 - Maintain Consistency and Routine:

Consistency and routine play a vital role in helping children adjust to the new dynamics of co-parenting. Strive to establish consistent rules, discipline strategies, and expectations in both households. This will provide a sense of stability for your child and reduce confusion or conflicts.

5 - Keep Conflict Away from Children:

Avoid exposing your child to conflicts between you and your ex-spouse. Shield them from any negative feelings or animosity you may have towards each other. Instead, focus on creating a positive and supportive environment for your child. Encourage open communication, active listening, and respectful interactions during exchanges with your ex-spouse.

6 - Encourage a Healthy Co-Parenting Relationship:

Your child's well-being should always be the primary focus. Encourage a healthy co-parenting relationship by promoting your child's relationship with their other parent. Avoid speaking negatively about your ex-spouse in front of your child and support their bond with the other parent. Attend important events together if possible, such as parent-teacher meetings or extracurricular activities, to show a united front for your child.

7 - Take Care of Yourself:

Co-parenting can be emotionally draining, so it's essential to take care of yourself. Prioritize self-care, seek emotional support from friends or a therapist, and engage in activities that help you relax and recharge. By looking after your well-being, you'll be better equipped to handle the challenges of co-parenting effectively.

Conclusion:

Co-parenting after a divorce requires commitment, understanding, and a child-centered approach. While it may present challenges, following these essential tips can significantly contribute to a successful co-parenting journey. Remember, your child's well-being should always be the priority, and by fostering effective communication, maintaining consistency, and promoting a healthy co-parenting relationship, you can provide a stable and loving environment for your child to thrive. Embrace the opportunity to work together with your ex-spouse and create a positive co-parenting dynamic that benefits everyone involved.

Most Publicized Divorce Cases

Wed, 09 Aug 2023 14:45:42 GMT

Celebrities are often in the spotlight, and their relationships are no exception. Over the years, many high-profile celebrity couples have gone through divorce, which has made headlines around the world. In this blog post, we will explore the most publicized celebrity divorce cases in history.

Brad Pitt and Angelina Jolie

One of the most high-profile celebrity divorce cases of all time is the split between Brad Pitt and Angelina Jolie. The couple first got together in 2005, and they got married in 2014. However, in 2016, Jolie filed for divorce, citing irreconcilable differences. The divorce was highly publicized, with rumors of infidelity and disagreements over child custody.

Kim Kardashian and Kanye West

Kim Kardashian and Kanye West's divorce was also highly publicized, with the couple announcing their split in 2021. The couple got married in 2014, and they have four children together. The divorce was reportedly amicable, with the couple agreeing to joint custody of their children.

Johnny Depp and Amber Heard

Johnny Depp and Amber Heard's divorce was also highly publicized, with the couple going through a bitter legal battle in 2016. The couple got married in 2015, and they split in 2016, with Heard filing for divorce. The divorce was characterized by allegations of domestic abuse, with both parties making accusations against each other.

Tom Cruise and Katie Holmes

Tom Cruise and Katie Holmes' divorce was also a highly publicized event. The couple got married in 2006, and they split in 2012. The divorce was reportedly sparked by differences in their religious beliefs, with Holmes wanting to distance herself from Cruise's involvement in the Church of Scientology.

Princess Diana and Prince Charles

One of the most iconic divorce cases in history is that of Princess Diana and Prince Charles. The couple got married in 1981, but their marriage was plagued by rumors of infidelity and disagreements over their public duties. The couple separated in 1992, and their divorce was finalized in 1996. The divorce was highly publicized, with Diana becoming one of the most iconic figures in popular culture.

Jennifer Aniston and Brad Pitt

Jennifer Aniston and Brad Pitt's divorce was also a highly publicized event. The couple got married in 2000, and they split in 2005, with Pitt reportedly having an affair with Angelina Jolie. The divorce was characterized by rumors of infidelity and disagreements over their public image.

Alec Baldwin and Kim Basinger

Alec Baldwin and Kim Basinger's divorce was also a highly publicized event. The couple got married in 1993, and they split in 2001, with Basinger winning custody of their daughter. The divorce was characterized by accusations of mental instability, with Baldwin reportedly leaving a voicemail in which he called his daughter a "thoughtless little pig."

Conclusion

In conclusion, these are some of the most publicized celebrity divorce cases in history. These divorces were characterized by high levels of media attention, rumors of infidelity, disagreements over child custody, and disagreements over religious beliefs. While these divorces were certainly dramatic, they also provide a reminder that even the most high-profile couples are not immune to relationship problems. Regardless of whether you are a celebrity or an ordinary person, divorce can be a challenging and emotional experience. It's important to seek professional help and support to navigate the process and ensure that your rights are protected.

How to Act in a Courtroom

Thu, 13 Jul 2023 20:05:13 GMT

Going to court can be an intimidating and stressful experience, especially if it's your first time. Whether you're representing yourself or have an attorney, it's important to know how to conduct yourself in front of a judge during a court hearing. Here are some tips to help you navigate the process with confidence and respect.

1 - Dress appropriately

The first impression you make in court is crucial. Dressing appropriately can show the judge that you take the hearing seriously. Wear business attire that is clean, modest, and respectful. Avoid anything too flashy, revealing, or casual, such as ripped jeans or t-shirts.

2 - Be punctua l

Arrive at the courthouse early to allow time for parking and security screening. Make sure you know the location of the courtroom and the time of your hearing. Being late can be seen as disrespectful and may result in negative consequences for your case.

3 - Be respectful

When you enter the courtroom, stand quietly until the judge acknowledges you. Address the judge as "Your Honor" and avoid interrupting or speaking out of turn. Speak in a clear and concise manner, and avoid slang or profanity. Remain calm and composed, even if you become emotional during the hearing.

4 - Follow courtroom etiquette

Courtrooms have specific rules and protocols that must be followed. For example, turn off your cell phone and do not chew gum or eat food in the courtroom. Do not bring any weapons, drugs, or other illegal substances into the courthouse. If you have any questions about courtroom etiquette, ask your attorney or a court official.

5 - Listen carefully

During the hearing, pay close attention to what the judge is saying and any questions they may ask you. Take notes if necessary to help you remember important details. Do not interrupt the judge or other speakers, and wait until they have finished speaking before responding.

6 - Provide clear and honest answers

When answering questions from the judge or your attorney, be honest and truthful. If you do not know the answer to a question, say so. Do not lie or exaggerate the truth, as this can harm your case and damage your credibility in court.

7 - Stay focused

During the hearing, stay focused on the matter at hand. Avoid getting sidetracked or bringing up irrelevant topics. Stick to the facts and be prepared to provide evidence to support your case.

8 - Follow the judge's instructions

At the end of the hearing, the judge may give specific instructions or orders. It's important to follow these instructions carefully and promptly. Failure to comply with court orders can result in legal consequences.

In conclusion, conducting yourself in front of a judge during a court hearing requires preparation, respect, and professionalism. By following these tips, you can make a positive impression and increase your chances of a favorable outcome in your case. Remember to stay calm, focused, and truthful, and trust in the legal process to provide a fair and just resolution.

10 Things Not To Do During a Divorce

Fri, 26 May 2023 14:10:15 GMT

Divorce is a difficult and emotional process that can be fraught with challenges. It can be tempting to give in to your emotions and do things that may ultimately hurt your case or make the process more difficult. In this blog post, we will explore the top ten things not to do during a divorce.

1 - Do not hide assets

Hiding assets during a divorce is illegal and can lead to serious consequences. This includes transferring property, cash, or investments to a third party or opening secret bank accounts. This behavior can result in the court penalizing you, and you may lose a portion of your assets or be ordered to pay penalties.

2 - Do not make impulsive decisions

Divorce can be an emotionally charged time, and it is easy to make impulsive decisions. This includes quitting your job, moving to a new city, or making large purchases. These decisions can have long-term consequences, and it is important to carefully consider their impact on your case and future.

3 - Do not involve children in the conflict

Divorce is difficult for everyone, but children can be particularly vulnerable. It is important to shield children from the conflict and avoid involving them in discussions about the divorce. Children should not be used as pawns or leverage, and it is important to put their best interests first.

4 - Do not use social media as a weapon

Social media can be a source of evidence during a divorce, and it is important to be mindful of your online activity. Avoid posting negative comments or pictures about your spouse, as this can be used against you in court. It is also important to avoid discussing the divorce on social media, as this can lead to gossip and speculation.

5 - Do not neglect your finances

Divorce can have a significant impact on your finances, and it is important to be proactive in managing them. This includes reviewing your bank accounts, credit card statements, and other financial documents to ensure that there are no discrepancies. It is also important to consider the long-term financial impact of the divorce and seek advice from a financial planner or attorney.

6 - Do not make assumptions

Assuming that your spouse will act in a certain way or that the court will rule in your favor can be a mistake. It is important to work with your attorney to understand your rights and options, and to avoid making assumptions that can lead to disappointment.

7 - Do not neglect your health

Divorce can take a toll on your mental and physical health, and it is important to take care of yourself. This includes getting enough sleep, eating well, and seeking support from friends and family. It is also important to seek professional help if needed, such as therapy or counseling.

8 - Do not ignore the legal process

The legal process of divorce can be complex, and it is important to work with your attorney to understand your rights and responsibilities. It is also important to attend court hearings and follow all court orders, as failing to do so can result in legal consequences.

9 - Do not rush into a new relationship

Divorce can be a time of emotional turmoil, and it can be tempting to seek comfort in a new relationship. However, it is important to take time to heal and avoid rushing into a new relationship too quickly. It is also important to consider the impact a new relationship may have on child custody and support arrangements.

10 - Do not forget about your goals

Divorce can be a long and challenging process, but it is important to keep your goals in mind. This includes focusing on what is most important to you, such as the well-being of your children or the division of assets. It is also important to remain committed to achieving your goals and working with your attorney to develop a strategy to achieve them.

In conclusion, divorce is a difficult and emotional process, but it is important to avoid making decisions that may cause harm to yourself or others and that you may regret in the future.

Resolving Conflict After a Loved One Passes Away

Fri, 12 May 2023 18:24:03 GMT

Losing a loved one is never easy, and dealing with the aftermath of their passing can be especially challenging. When there is money to be divided from their estate, it can create tension and conflict between family members, particularly siblings. In this blog post, we will explore some tips on how to avoid fights with family and siblings after a loved one passes away and there is money to be divided from their estate.

Have open and honest communication

One of the most important things you can do to avoid fights with family members is to have open and honest communication. It's essential to discuss any issues or concerns you have upfront and address them before they become bigger problems. Try to be respectful and listen to each other's viewpoints, and avoid making accusations or attacking one another.

2. Seek professional help

In many cases, seeking professional help can be incredibly beneficial. Consider hiring an estate planning attorney or a mediator to help you and your family members work through any issues or conflicts. They can provide you with unbiased guidance and help you reach a fair and equitable agreement.

3. Create a plan and stick to it

Creating a plan for how the estate will be divided can help avoid conflicts between family members. Be sure to outline all assets and how they will be divided, and make sure everyone is aware of the plan. It's essential to stick to the plan and avoid making changes without consulting everyone involved.

4. Be willing to compromise

In some cases, it may be necessary to compromise to avoid a fight. If you can't agree on how to divide the assets, consider coming up with a compromise that everyone can live with. Be open to different ideas and try to find a solution that is fair and equitable for everyone involved.

5. Keep emotions in check

Dealing with the death of a loved one can be an emotional experience, and it's important to keep emotions in check to avoid conflicts. Try not to let your emotions control your actions, and be aware of how your words and actions may affect others. Take a break if you feel yourself becoming overwhelmed or upset.

6. Don't make it personal

It's essential to remember that this process is about dividing the assets, not attacking each other personally. Avoid making personal attacks or bringing up past grievances, as this can escalate conflicts and make it more challenging to reach an agreement.

7. Consider the big picture

Finally, it's essential to consider the big picture when dividing the estate. Remember that this is a time to come together as a family and support each other, not tear each other apart. Try to focus on the positive memories and the legacy of your loved one, rather than just the money or assets they left behind.

Conclusion

Dealing with the division of assets after a loved one passes away can be a challenging and emotional experience. However, by following these tips, you can help avoid fights with family members and siblings. Have open and honest communication, seek professional help, create a plan and stick to it, be willing to compromise, keep emotions in check, don't make it personal, and consider the big picture. With these tools, you can navigate this difficult time with greater ease and avoid unnecessary conflict with your family members. Remember that this process is about honoring the legacy of your loved one and coming together as a family, not tearing each other apart.

Benefits of Attending Mediation

Fri, 05 May 2023 14:09:47 GMT

In the legal process, mediation is a form of alternative dispute resolution that involves a neutral third-party helping parties in a legal dispute reach a mutually acceptable resolution. The mediator does not have the authority to make decisions or impose a resolution but facilitates a discussion and negotiation between the parties. Mediation can be used in various types of disputes, including family law, business, and personal injury cases. In this blog post, we will discuss the process of mediation and why it is beneficial to the legal process.

The process of mediation typically begins with the parties agreeing to participate in the mediation and selecting a mediator. The mediator can be chosen by the parties or appointed by the court. Before the mediation begins, the parties may be required to provide information to the mediator to help them understand the nature of the dispute and the positions of the parties.

During the mediation, the mediator will meet with the parties to identify the issues in dispute and discuss potential solutions. The mediator will facilitate a discussion between the parties, allowing them to express their views and concerns. The mediator will help the parties to explore potential solutions, assess the strengths and weaknesses of each party's position, and identify areas of agreement.

The mediator does not make decisions or impose a resolution. Instead, the mediator's role is to help the parties reach a mutually acceptable resolution. Once the parties have reached an agreement, the mediator will assist in drafting a settlement agreement. If the parties are unable to reach an agreement, they may choose to proceed with litigation.

Mediation has several benefits to the legal process. One of the main advantages is that it allows the parties to maintain control over the outcome. In litigation, the judge or jury makes the final decision, which may not be satisfactory to either party. In mediation, the parties have control over the outcome and can work together to find a solution that is acceptable to both parties.

Another benefit of mediation is that it is typically a quicker and less expensive process than litigation. Litigation can be a lengthy and costly process, involving discovery, motions, and trials. Mediation can help parties to resolve their disputes quickly and efficiently, saving them time and money.

Mediation is also a confidential process, which can encourage parties to be more open and honest. Unlike litigation, which is a public process, mediation allows the parties to keep their negotiations and discussions confidential. This can encourage parties to be more open and honest, leading to a more productive negotiation process.

Finally, mediation can help to preserve relationships between the parties. In some disputes, the parties may need to continue to work together after the dispute has been resolved. Litigation can be an adversarial process that damages relationships between parties. Mediation can help to preserve relationships and allow parties to move forward after the dispute has been resolved.

In conclusion, mediation is a beneficial process for resolving legal disputes. It allows parties to maintain control over the outcome, is typically quicker and less expensive than litigation, is confidential, and can help to preserve relationships. If you are involved in a legal dispute, consider using mediation to help you reach a mutually acceptable resolution.

Top 6 Most Publicized Probate Cases of All Time

Fri, 28 Apr 2023 17:11:55 GMT

Probate cases involve the process of settling a person's estate after their death. It can often be a complex and lengthy process, especially when it involves high net worth individuals or celebrities. In this blog post, we will explore the most publicized celebrity probate cases in history.

1 - Michael Jackson

The late King of Pop, Michael Jackson, left behind a complex estate worth an estimated $500 million. Jackson's will named attorney John Branca and music executive John McClain as co-executors of his estate. However, several family members, including Jackson's mother, Katherine, and sister, Janet, contested the will, alleging that the executors had manipulated the document. The case was eventually settled out of court, with Branca and McClain remaining as the co-executors.

2 - Prince

The death of iconic musician Prince in 2016 sparked a bitter legal battle over his estate, worth an estimated $300 million. Prince died without a will, leaving his estate in disarray. Several family members, including his half-siblings and a woman claiming to be his long-lost daughter, came forward to claim a share of the estate. The case was eventually settled, with the estate being divided among Prince's six siblings.

3 - Whitney Houston

Whitney Houston's estate was valued at an estimated $20 million following her death in 2012. Houston's daughter, Bobbi Kristina Brown, inherited the estate, but she tragically died just three years later. Brown's death sparked another legal battle, with Houston's mother and siblings contesting the will. The case was eventually settled out of court, with Brown's estate being awarded to her boyfriend, Nick Gordon.

4 - James Brown

The death of the "Godfather of Soul," James Brown, in 2006, sparked a lengthy legal battle over his estate. Brown's will named several charities as beneficiaries of his estate, but several family members, including his children and fourth wife, contested the document. The case was eventually settled out of court, with the estate being divided among Brown's children.

5 - Heath Ledger

Heath Ledger's death in 2008 shocked the world, and the actor's estate was valued at an estimated $20 million. Ledger's will named his parents and sisters as the beneficiaries of his estate, but his daughter, Matilda, was not included in the document. Matilda's mother, actress Michelle Williams, contested the will, alleging that Ledger had intended to provide for their daughter. The case was eventually settled out of court, with Williams receiving a portion of the estate for Matilda.

6 - Robin Williams

The death of beloved actor and comedian Robin Williams in 2014 was a shock to fans around the world. Williams' estate was valued at an estimated $100 million, and his will named his three children as the beneficiaries. However, Williams' wife, Susan Schneider, contested the document, alleging that it did not provide for her adequately. The case was eventually settled out of court, with Schneider receiving some of Williams' personal property and funds to maintain their home.

Conclusion

In conclusion, these are some of the most publicized celebrity probate cases in history. These cases show the importance of having a comprehensive estate plan in place to avoid lengthy legal battles and ensure that your assets are distributed according to your wishes. It's important to seek professional help when planning your estate, especially if you have a high net worth or complicated family situation. While these cases may be fascinating to follow, they also serve as a reminder of the importance of planning for the future to avoid unnecessary conflict and stress for your loved ones.

How to Manage Stress During a Lawsuit

kory@shimeklawfirm.com (Kory Shimek) — Thu, 20 Apr 2023 16:26:41 GMT

Going through any type of lawsuit or litigation can be an incredibly stressful experience. The legal process can be complex and intimidating, and the outcome of the case can have a significant impact on your life. However, there are steps you can take to manage stress during a lawsuit and help you stay focused on the case. In this blog post, we will explore some tips on how to manage stress during any type of lawsuit or litigation.

Take care of yourself - One of the most important things you can do during a lawsuit is to take care of yourself. This means getting enough sleep, eating a healthy diet, and exercising regularly. Taking care of your physical health can help you manage stress and feel better overall.
Seek support - Going through a lawsuit can be isolating, but you don't have to go through it alone. Seek support from family and friends, or consider joining a support group for people going through similar experiences. Talking to others who have been through a similar situation can be incredibly helpful in managing stress.
Practice mindfulness - Mindfulness is the practice of being present and aware of your thoughts and emotions. This can be a powerful tool for managing stress during a lawsuit. Try practicing mindfulness meditation, yoga, or deep breathing exercises to help you stay grounded and focused.
Stay organized - The legal process can be overwhelming, but staying organized can help you feel more in control. Keep track of important dates, deadlines, and documents related to the case. This can help you stay on top of things and reduce your stress levels.
Take breaks - It's important to take breaks during a lawsuit and give yourself time to recharge. Make time for activities you enjoy, such as reading, listening to music, or spending time with friends and family. Taking breaks can help you manage stress and stay focused on the case.
Stay informed - Knowledge is power, and staying informed about the legal process can help reduce stress and anxiety. Talk to your attorney about the legal process and what to expect at each stage of the case. Knowing what to expect can help you feel more prepared and less anxious.
Consider therapy - If you are struggling to manage stress during a lawsuit, consider seeking therapy. A therapist can provide you with coping skills and support as you navigate the legal process. They can also help you manage any emotional issues that arise during the case.

Conclusion

Going through a lawsuit can be a stressful experience, but there are steps you can take to manage stress and stay focused on the case. Taking care of yourself, seeking support, practicing mindfulness, staying organized, taking breaks, staying informed, and considering therapy are all helpful strategies for managing stress during a lawsuit. With these tools, you can navigate the legal process with greater ease and less anxiety. Remember that you don't have to go through a lawsuit alone and that there is help available if you need it.

Top 10 Reasons to File Bankruptcy

Wed, 12 Apr 2023 14:17:54 GMT

Bankruptcy is a legal process that allows individuals or businesses to discharge or reorganize their debts when they are unable to pay them back. While filing for bankruptcy may seem like a daunting and embarrassing decision, it is often the best way to get a fresh start and rebuild your financial life. Here are the top ten reasons why people file for bankruptcy:

Job loss: Losing a job or experiencing a reduction in income can quickly lead to financial hardship and make it difficult to pay bills and expenses.
Medical expenses: Unforeseen medical expenses can quickly add up and become overwhelming, especially if you do not have health insurance.
Divorce: Going through a divorce can be expensive, especially if there are alimony or child support payments involved.
Credit card debt: High-interest credit card debt can quickly spiral out of control, making it difficult to make even minimum payments.
Mortgage payments: Falling behind on mortgage payments can result in foreclosure, which can be devastating to homeowners.
Student loans: Student loan debt can be difficult to discharge in bankruptcy, but it can still contribute to financial hardship and make it difficult to keep up with other bills.
Unexpected expenses: Car repairs, home repairs, and other unexpected expenses can quickly drain your savings and make it difficult to keep up with bills.
Overspending: Living beyond your means and overspending can lead to financial trouble and make it difficult to pay bills and expenses.
Legal judgments: If you lose a lawsuit or have a judgment entered against you, it can be difficult to pay the damages awarded.
Business failure: If you own a business, a failure can result in overwhelming debt and make it difficult to pay creditors.

While filing for bankruptcy may not be the right decision for everyone, it can be a powerful tool to help you get back on track and regain control of your finances. If you are struggling with debt, it's important to explore all of your options and work with a qualified bankruptcy attorney to determine the best path forward.

The Importance of Estate Planning

Wed, 12 Apr 2023 14:12:08 GMT

Estate planning is the process of organizing and managing your assets during your lifetime and after your death, and it is one of the most important steps you can take to protect yourself and your loved ones. Despite its importance, many people put off estate planning until it's too late, leaving their families to deal with the consequences.

The first step in estate planning is to create a will, which is a legal document that outlines how you want your assets to be distributed after your death. Without a will, your assets will be distributed according to state law, which may not reflect your wishes or your family's needs. A will can also appoint guardians for your children and designate an executor to manage your estate.

Another essential component of estate planning is creating a power of attorney, which authorizes someone to make decisions on your behalf if you become incapacitated. This can include decisions related to finances, medical care, and other important matters. Without a power of attorney, your family may have to go through a costly and time-consuming court process to appoint someone to make these decisions.

In addition to a will and power of attorney, other estate planning tools include trusts, which can help you minimize estate taxes, protect your assets from creditors, and provide for your loved ones in a more controlled and structured way.

Estate planning is important for people of all ages and income levels, as it can help ensure that your wishes are carried out, minimize family conflicts, and provide financial security for your loved ones. It's never too early to start estate planning, and working with an experienced estate planning attorney can help you navigate the process and create a plan that reflects your unique needs and goals. Don't wait until it's too late—take the first step toward peace of mind and start planning your estate today.

10 Things to do When Starting a Business

Wed, 19 Jan 2022 19:30:57 GMT

This list is not all inclusive and all situations are different. If you have questions regarding starting your own business please call Shimek Law Firm to assist.

1. Create a business plan – Creating a business plan is the first step in opening your own business after you come up with the general idea. The business plan will have all the key information about the business, including how it will be formed, short-term and long-term goals, and your vision for the business. The business plan can always be modified, however, once initially completed it will give you a great starting point and a clear picture of what steps you must take to get your business started.

2. Choose a business name – Choosing the right name for your business is very important. A creative name that catches your customers’ attention is a key component to how you will attract business. Your business name could be the only reason why someone would choose to use your business over one of your competitors, so choose wisely.

3. Create a business logo – The most successful businesses can be recognized by just their logos. Companies like Nike, Apple, Tesla, McDonalds, and Target are just a few examples. Your business logo does not have to be recognized by millions of people at first, however, this shows how important it is to have an eye-popping logo for your customers to remember.

4. Choose your business structure – There are many different business structures to use when creating your new business, including a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship. Each of these structures have their advantages and disadvantages depending on your individual circumstances and business goals. It is best to consult with an attorney to discuss the specifics of each structure to determine what is the best fit for you.

5. Get to know your taxes – Taxes are a major part of any business. There are business taxes, payroll taxes, self-employment taxes, sales taxes, and local taxes. Familiarizing yourself with all of these taxes that you will have to pay is a must. Consulting with a tax professional is a smart decision, and they could help you save lots of money and headaches down the road. Additionally, you may be able to take advantage of different tax filing statuses depending on the business structure you choose.

6. Create business with appropriate agencies – You must officially create your business with the state, county, and city where your business will be located. This process will include filing documents with government agencies that will officially form your business and also give you the local licenses to operate your business at the location that you desire. If you do not comply with the appropriate government agencies, you may be subject to fines and other penalties.

7. Open a bank account – A bank account should be opened for the business before the business starts earning money. A separate business bank account that will be used only for your business purposes is the easiest way to initially keep track of your income and expenses. You may also use accounting software or some other means to keep track of all finances, however, a business bank account is the best and easiest way to start.

8. Create social media and online profiles – Advertising for a business is not as easy as taking out ads in the phone book anymore. Advertising has become mostly digital, which includes social media like Facebook and Instagram and creating your online business profile through places like Google. It is very important to create all of these profiles right away and to begin creating content. These business profiles will not only act as advertising for your company, but will also give customers a way to interact with your business.

9. Create a website – Every business should have a website. Also, a business with a well put together website creates trustworthiness for your potential customers. There are countless different options to use when creating your website, you can hire a professional web designer or you can create your own through platforms like Squarespace or Wix. Your website will need to be adjusted and modified over time as your business grows.

10. Always improve – The only way your business will be successful and grow is if you are constantly thinking of ways to improve the business overall. Whether it be thinking about ways to safe money on your taxes, ways to improve your website, or implementing new and creative ways to attract customers, it all rests on your shoulders. A business that does not improve and change overtime will eventually be outperformed and squeezed out by there competitors who are.

Divorce Money Mistakes Will Cost You

Wed, 30 Jan 2019 19:28:03 GMT

Business Insider recently posted a helpful article written by Liz Weston , Associate Press , describing 5 big mistakes that can cost you money during a divorce.

Link Here

The article talks about these 5 simple divorce mistakes that can have a serious impact on your money – here is my take on the 5 mistakes:

Keep quiet on social media – I always tell all of my divorce clients to never ever post anything on social media about your soon-to-be ex-spouse. This goes applies before the divorce, during the divorce, and after the divorce. Facebook posts are being used in almost all of divorce cases right now. Keep a clean Facebook feed and you will be in the clear. This also goes for text messages. Whatever you say in a text message will last forever, and can be introduced in court.
Not getting all the paperwork – Make sure that you gather all of your financial documents before you start a divorce. Once you file, you should give all of your documents to your attorney so that they can review them and make the best decisions/arguments on your behalf by knowing your personal situation. Pay stubs, bank statements, retirement account statements, social security statements, home purchase agreements, and tax returns should all be mandatory, however, that is just scratching the surface in some cases.
Ignoring tax consequences – I always tell my clients to meet with a CPA or accountant when going through a divorce to inquire about any tax consequences. Taxes can become a costly issue when there is real estate being sold, retirement accounts being transferred/withdrawn, and additionally when going from filing your taxes joint-married to single. Keep Uncle Sam out of your wallet and talk to a tax professional.
Leaving joint credit accounts open – When you get married, almost all couples have some type of joint account including bank accounts and credit cards. Your judgment of divorce will lay out how all of this will be divided. However, it often happens that the person not responsible for a debt in the judgment is left still on as a joint debtor after the divorce is finalized. If your ex-spouse then fails to pay this debt, your credit score will suffer. My suggestion is always try to eliminate all joint accounts as part of the settlement. This will help ensure that you do not end up in front of your judge after you are divorced – spending more money and time on an old issue.
Assuming a court fight is inevitable – Going into a divorce with your fists up will guarantee you one thing – you will spend a lot more time and money than if you go into it with more zen-like approach. I understand that this may be very difficult to do given your circumstances, however, you liked this person at one time enough to marry them so there has to be a way to resolve your issues amicably. This will often be done through alternative dispute resolution such as mediation or collaborative meetings.

Kory K. Shimek, Esq.

Shimek Law Firm, PLLC

Rising Home Equity can cause issues in Divorce and Bankruptcy Cases

Mon, 30 Apr 2018 18:26:05 GMT

Real estate values have been on a steady rise in the few recent years. Homes are flying off of the market as soon as they are listed and many homeowners are now sitting with a good deal of equity in their home that they have not seen in quite some time because the crash of 2008 brought home values to record lows.

This is good news for a lot of people in Michigan. However, it can be bad news for individuals who are currently faced with a divorce or bankruptcy.

Divorce

Depending on what side of a divorce you are on, the rising home values can be a good thing or a bad thing. When a married couple goes through a divorce in the state of Michigan, many times they own a home together and one of the parties would like to remain living in the marital home. In this case, the individual that wants to remain in the home will most likely have to get the home appraised and then pay their soon-to-be ex a lump sum of cash for their half of the equity in the home.

The more home values rise, the more cash will have to be paid out to stay in your home. Usually this cash can be paid by taking out a home equity loan on the house or taking money from a retirement account. However, these options may not be available in every situation because of inability to obtain a loan or insufficient funds in retirement accounts.

If an individual cannot come up with the needed cash to pay the other party their share of the equity in the home, there is most likely no choice but to sell the home. In this instance the parties would more likely than not equally split the proceeds received from the sale and they would each have to find a new place to live.

This is just one small issue that can arise in a divorce case. There are many risks and setbacks that can happen during a divorce case and it is always a good idea to have an attorney on your side that has experience in these situations.

Bankruptcy

Nobody ever wants to file a bankruptcy; however, sometimes you are left no choice because of events that are out of your control. All individuals that are facing bankruptcy and own interest in any type of real estate in the state of Michigan should get an accurate estimate of what the current value of the real estate is.

When filing bankruptcy, the bankruptcy court has very strong powers to possibly take your property from you and sell it if the property has too much equity. They do not need your permission.

Therefore, if your home has increased in value and you do not know the actual value, the bankruptcy Trustee can obtain their own appraisal and sell your home if there is a substantial amount of equity. The money would then be used to pay down your debt for you, and you would have to find a new place to live.

It is always to a good idea to hire an attorney with knowledge of these types of situations and powers that the bankruptcy court has. The key to avoiding this problem is completing a thorough analysis of your situation with an attorney before filing a bankruptcy case.

– Kory K. Shimek – Attorney and Owner of Shimek Law Firm, PLLC

Calculate Your Own Child Support

Sat, 25 Feb 2017 19:19:26 GMT

MiChildSupport Calculator

Are you wondering what your child support could be? The Michigan child support website, known as “MiChildSupport”, now has an online program to calculate your own child support. You can use program by clicking here . It could take you up to 45 minutes to get through the program and you will need information regarding both parents to get accurate results.

Program Accuracy

Do not be surprised if your actual child support numbers are different from what the program shows. The numbers that you get from the MiChildSupport website are estimates and the Michigan Child Support Formula is very complex. Therefore, your actual child support could be higher or lower depending on multiple variances in your case.

MiChildSupport Account

The MiChildSupport website is also a great source of information if you are already receiving or paying child support. You can create an account and view up-to-date information regarding your child support account. You can also make payments online, apply for support, and learn about child support in Michigan.

Our Services

Our attorneys are knowledgeable about the Michigan Child Support formula and all other complex issues surrounding family law cases. The Wayne County Friend of the Court can seem like a very overwhelming place, however, we can help. We handle all stages of child support and family law cases so that you do not have to navigate the Friend of the Court on your own.

If you want to start a child support, custody, or divorce case or if you have questions regarding an existing case, give us a call today at (734) 285-5625 for a free consultation.

Attorney Kory K. Shimek

Divorce and Facebook

Sun, 19 Feb 2017 19:13:44 GMT

Intro

Whether you have children with your spouse and have been married for 30 years or you have no children and have only been married for six months, social media can play a major role during your divorce.

If you do make the decision to file for divorce, it is a good idea to review all social media accounts, text messages, and emails before filing. I would suggest reviewing not only your own posts and messages, but your spouses as well (without logging into their accounts of course).

Facebook is likely the most popular of all social media websites. Almost everyone has a Facebook account these days, and print outs of posts are being used in the majority of contentious divorce cases that I handle.

Here are some helpful hints that apply to Facebook and most other social media sites as well.

Do Not Disparage

Telling the online world how much you hate your spouse and why they are such a bad person is not going to help your divorce case. Yes, Michigan is a “no-fault” divorce state, however, fault and character can still come into play during a divorce proceeding. Therefore, do not post any negative remarks about your spouse on any type of social media before, during, or after your divorce case.

Friendly Access

Just because you delete your spouse as your friend does not mean that they cannot get access to your nonpublic posts in some other way. I often see spouses gain access to posts through a mutual friend’s account that the other spouse may forgot they were friends with. Therefore, before you post anything think to yourself if you would post the same thing if it were totally public. If you would not post the same thing publicly, do not post it at all.

Screenshot and Print

A situation may arise where you are reading your spouse’s posts and think that something they posted may be helpful for your case. When this happens, you need secure that post by taking a screenshot on your cell phone or printing the post from your computer. I have seen it many times where my client has not secured the post in some way and their spouse subsequently deletes the post all together, making it impossible to use as evidence. Lastly, when taking a screenshot or printing off the post, you must make sure that the date and time of the post along with your spouse’s name or screen name are clearly visible. This will help for identification purposes if the post needs to be used as evidence.

Legal Advice

These hints are a very small snippet of what you should be aware of when going through a divorce. If you or anyone that you know are thinking about filing for a divorce, I offer free consultations and would be happy to discuss your specific scenario in more detail. Call my office at (734) 285-5625 to set up your free consultation.

– Attorney Kory K. Shimek

Michigan Child Support Q&A

Tue, 30 Sep 2014 18:11:15 GMT

Here is a quick Q&A about some common questions that we frequently get asked regarding child support.

Q: How is child support calculated in Michigan?

A: There is a strict formula that most circuit courts in Michigan will use to determine what child support should be. Many different factors go into this calculation. Some of the factors are, the parties’ gross wages, the amount of overnights the parties have with the minor children per year, which party pays for the children’s healthcare, and even if either party has a second family that they support. These are just a few of the factors that the formula takes into consideration. As a general rule, courts will abide by the numbers that the formula produces. However, you can deviate from the numbers in certain circumstances with your Judge’s permission.

Q: Where can I make a child support payment if they are not taking money out of my paycheck or if I am in arrears?

A: You can make child support payments online here through the Michigan State Disbursement Unit. Or, you may be able to contact your county’s Friend of the Court and make payments directly to them.

Q: How can I see how much child support I have paid or how much I still owe?

A: You can create at account here at the MiCase website to view all payments made in your particular case and how much is currently owing. Again, you can always contact your county’s Friend of the Court to get a print out in person if they allow.

In any event, I highly suggest utilizing the above mentioned websites if you pay any type of support in Michigan. They are tools that help you easily keep track of payments and how much is owed if you are behind.

If you need child support changed in any way or if you have any questions please contact our office at (734) 285-5625.

Is your home underwater with a Home Equity Loan?

Tue, 24 Jun 2014 18:08:19 GMT

Today I want to discuss the growing monster of underwater houses (when you owe more on your house than it is actually worth) in Southeast Michigan. Specifically, I am talking about situations where two mortgages are owed on a home, a first mortgage and a second mortgage (home equity loan).

Many people in Southeast Michigan are in this exact situation because ten years ago their house was worth tens of thousands of dollars more than it is now. When the market was good, everyone had equity in their house so it was easy to take out a home equity loan to have some extra cash, make improvements to the house, or to buy a car. As everyone knows, the housing and job market have significantly dropped in this area in the past decade and it is now getting harder and harder for everyone to keep up on both the first and second mortgages of their home. In some instances second mortgages are even foreclosing on houses because of how far behind the homeowners are on their payments.

Many people do not know that there is a way to keep your home, keep your first mortgage, and only pay pennies on the dollar for you second mortgage or home equity loan. This can be done through a Chapter 13 Bankruptcy. You must meet certain qualifications in order to proceed with this type of case, however, it can significantly help relieve the debt on your home by getting rid of your second mortgage while keeping up with the payments on your first mortgage.

This process is highly complicated and I would not recommend that someone try this that does not know the law, however, here at Haskell Law Offices we can help you through this process and relieve the stress of having a second mortgage payment. Call our friendly staff and attorneys today for a free consultation to see if you qualify.

Kory K. Shimek, Esq.