Is Filing for Divorce considered a Breach of Contract?

No, but this is a very interesting question. At its most basic level, marriage is a binding contractual relationship between a man and a woman. All of the elements of a valid contract exist, those being Offer (“Will you marry me?”), Acceptance (“YES!!”), and Mutual Consideration (merging of assets and debts etc.). Marriage is regulated… Read More »

I am a disabled veteran and own a house in Michigan. I heard that I may not have to pay property taxes. I am strapped for cash and appreciate any assistance I can get. Is this true

Yes. Under a recently passed Michigan law, a disabled veteran who was honorably discharged may be exempt from paying property taxes on his or her real estate. As I am sure you can imagine, this could be a significant amount of money. Furthermore, if the disabled veteran dies, the exemption may continue for his or… Read More »

I was hurt in an auto accident about a year ago. My auto insurance company paid some of my medical bills but did not pay others, saying that they were not related to the accident. I know that all of the bills were related to the auto accident. What should I do?

You should contact an attorney immediately as you will probably need to file a lawsuit as soon as possible to protect your rights. Under the no-fault act, there is a one year statute of limitation, and, more importantly in your case, something known as the one year back rule. If you notified your insurance company… Read More »

My 82-year old father has been in a nursing home for a little over a year. I am worried that he will run out of money in the next two years. What are my options?

This is a question we deal with all the time. There are legal ways to do “Medicaid planning” and possibly some “gifting” of his assets (as long as it’s done in the right way). You didn’t say whether your father is married so I will give you a couple of options. If he is married,… Read More »

I have lived in a Condominium Development for about 3 years and there has never been a Condominium Association Meeting. Should I be concerned?

Yes. The law of the State of Michigan requires a Condominium Association be formed to manage all of the business affairs of the Association. The law also requires the Association to meet at least once a year to accomplish this and to elect its Board of Directors. The Board of Directors of the Association sets… Read More »

I was t-boned by a car that ran a stop sign. The driver of the other car was a teenager and did not own the vehicle, his parents did. Can I sue his parents for my injuries?

Yes, Michigan has what is known as the owner liability act. Under this law, the owner of a car is liable for any injuries caused by the driver of the car if the car was being driven with the owner’s consent or knowledge. Knowledge or consent is presumed if the car is driven by the… Read More »

I have been falsely accused of rape. The Judge has ordered that I be allowed to take a polygraph, but the results will not be used at trial. Can the Judge do this?

The short answer is yes. Under the law, MCL 776.21, if you are charged with criminal sexual conduct and you wish to take a polygraph you must be provided with the opportunity to do so. However, the results are not necessarily admissible at trial. During a trial, the Judge will determine what is admissible at… Read More »

Will I have to pay Alimony? I have a fairly short term marriage (3 years), no kids but I make a lot more than my wife. I am not sure how to plan.

There are a number of different factors used to determine whether alimony (referred to as spousal support) should be considered. Length of marriage, difference in income, education of parties, special needs of the parties, earning potential and history, fault and other factors are all considered. You will need to provide more information to determine the… Read More »