Bay Shore Family Law Lawyer, Michigan
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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Christopher T. Turkelson
Family Law, Divorce & Family Law, Criminal
Status: In Good Standing Licensed: 27 Years
213 Nettleton St, Bay Shore, MI 49720
Profile LAWPOINTS™32/100
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Valerie K. Snyder
Commercial Real Estate, Federal Appellate Practice, Estate Planning, Family Law
Status: In Good Standing Licensed: 29 Years
301 State St, Bay Shore, MI 49720
Profile LAWPOINTS™29/100
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Edward F. Engstrom
Family Law, Divorce & Family Law, Criminal, Accident & Injury
Status: In Good Standing Licensed: 36 Years
309 Petoskey Ave, Bay Shore, MI 49720
Profile LAWPOINTS™22/100
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LEGAL TERMS
SEPARATE PROPERTY
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.
STEPCHILD
A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological ... (more...)
A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological offspring. Under the Uniform Probate Code, followed in some states, a stepchild belongs in the same class as a biological child and will inherit property left 'to my children.' In other states, a stepchild is not treated like a biological child unless he or she can prove that the parental relationship was established when he or she was a minor and that adoption would have occurred but for some legal obstacle.
ADULTERY
Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are ra... (more...)
Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are rarely prosecuted for it. In states that have retained fault grounds for divorce, adultery is always sufficient grounds for a divorce. In addition, some states alter the distribution of property between divorcing spouses in cases of adultery, giving less to the 'cheating' spouse.
CONSUMMATION
The actualization of a marriage. Sexual intercourse is required to 'consummate' a marriage. Failure to do so is grounds for divorce or annulment.
IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.
RESTRAINING ORDER
An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state... (more...)
An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state. Restraining orders are typically issued in cases in which spousal abuse or stalking is feared -- or has occurred -- in an attempt to ensure the victim's safety. Restraining orders are also commonly issued to cool down ugly disputes between neighbors.
ALIMONY
The money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce. Except in marriages of lo... (more...)
The money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce. Except in marriages of long duration (ten years or more) or in the case of an ailing spouse, alimony usually lasts for a set period, with the expectation that the recipient spouse will become self-supporting. Alimony is also called 'spousal support' or 'maintenance.'
COMPLAINT
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states a... (more...)
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead they use -- and sometimes modify -- pre-drafted complaints widely available in form books.
INTERLOCUTORY DECREE
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.
SAMPLE LEGAL CASES
Johnson Family Ltd. Partnership v. White Pine Wireless, LLC
... At the time, the Johnson Family Trust (the Trust) served as the general partner for the Partnership. ...
480, 482, 722 NW2d 906 (2006). Whether a grant of equitable relief is proper under a given
set of facts is a question of law that this Court also reviews de novo. ...
Estes v. Titus
... Toth), Kalamazoo, for Julie L. Swabash. Speaker Law Firm, PLLC (by Liisa R. Speaker
and Jodi M. Latuszek), Lansing, for amici curiae the Family Law Section of the State
Bar of Michigan. Howard & Howard Attorneys, PC (by ...
Sinicropi v. Mazurek
... 232, 241, 86 NW2d 336 (1957). Here, the trial court drew on virtually all the traditional
equitable principles applicable in family-law cases: the best interest of the child, the fitness
of the competing parents, and the past relationships of the parties. ...
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