FAQ's

What is the definition of a marriage? What are the legalities of marriage in the State of Michigan?
The State of Michigan voters, in November, 2004, approved definition of a marriage as a union between one man and one woman in the state constitution, as can be seen here.
This civil contract between a man and a woman to become husband and wife is to obtain a marriage license from a state-authorized official, and then have a formal civil, private or religious wedding ceremony.

I am getting divorced. Do I need an attorney and why?
Consulting with an attorney is a good idea when you have significant life changes, such as a divorce. A lawyer will protect your rights and, if you have children, a lawyer will also make certain your children's rights are protected. An attorney keeps current on the laws in the State of Michigan concerning family law including marriage, divorce, marital property, child custody and child support, visitation and alimony.

Do I need legal reasons or grounds to obtain a divorce?
Michigan is a no-fault State. Marriage is a partnership between two people. In a no-fault divorce State like Michigan, the law considers that if one part of the partnership says "the marriage isn't working", then the court must grant a divorce. It is irrelevant as to why the marriage isn't working. In fact, the statute forbids either party from stating in the complaint, or answer, the reason for the breakdown.

How are assets divided in a divorce?
Spouses are able to divide their property as they see fit—this is called a marital settlement agreement, or a contract between the husband and the wife that divides assets and debts and determines other issues of their divorce. If the division of property cannot be agreed up, then the court must make the determination.

Marital or community property laws vary from state to state. Michigan, however, applies the equitable distribution model, meaning the court will divide the community/marital property as it thinks equitable. It begins with an assumption that debts and assets are to be divided equally and then considers other factors that may justify a different ratio, such as whether some assets were recently inherited by one spouse, and whether some assets were gifts fro one spouse's family, etc.

For an appointment with an experienced divorce lawyer, please call the Robert Nickerson Law Firm at (810)987-3009 or fill out our contact form.

What does "modification" or "modification of judgments" mean?
Modification means legally changing an original court ordered judgment and terms. After a divorce or a child custody settlement, any changes to the judgment must be finalized in court. Even if you are able to amicably accommodate the changes, the original judgment and terms still legally apply—changes need to be officially recognized by the court. Many events can cause the need for modifications, including a need to change when visitation occurs, a need to change when a child is going to have vacation with a non-custodial parent, when the custodial parent wishes to move the residence of the child more than 100 miles from the court house, job relocation, a change in job requiring a change in the amount of child support or spousal support, etc.

Attorney Robert Nickerson will help you when modifications are necessary. Please contact his law firm at (810) 987-3009 or fill out our contact form.

How is child custody determined?
When parents debate over which of them should have custody, Attorney Robert Nickerson will help you find the best custody solution for the sake of your children. In litigating child custody in court, Attorney Nickerson can help you negotiate child custody issues, including:

• Child support
• Conservatorship
• Friend of the Court hearings
• Guardianship
• Health insurance
• Joint custody
• Legal custody
• Permanent separation
• Physical custody
• Relocation
• Visitation rights

How can Mr. Nickerson help my children?
Attorney Nickerson has extensive experience in child custody cases and is concerned for the welfare of your children. He will listen to your child custody concerns and goals, answer your questions, and advise you about the benefits and risks of each issue. Attorney Nickerson's objective is to assist you in making informed decisions about your custody case, and he will do everything legally possible to assist you in getting the help you need. If negotiations with your spouse are not successful, Mr. Nickerson is an accomplished and experienced trial lawyer who is prepared to litigate your custody case in court.

Contact the law office of Attorney Robert Nickerson to schedule an initial consultation during which time he can evaluate your case and advise you of your legal options. Fill out our Contact Form or Call Us at (810) 987-3009.

Do I need to legally document my wishes in a will or trust before I die?
While the future is uncertain, it is important to be as legally prepared as possible.

It is important to consult with an experienced estate attorney who will legally and thoroughly document your wishes. Hiring an experienced estate attorney is important—you do not want a poorly drafted will or trust which may cause confusion for your heirs—your wishes may not be carried out.

Attorney Robert Nickerson, at the Nickerson Law Office in Port Huron, Michigan, offers clients the most dependable and trustworthy legal representation possible. Attorney Nickerson focuses on estate planning, probate and trust administration, probate litigation, and business planning.

To arrange a free consultation with the Nickerson Law Office, please contact us at (810)-987-3009 or fill out our Contact Form.

I don't live in Michigan, but I need help with probating a Michigan estate. What should I do?
Contact an experienced Michigan estate attorney. Attorney Robert Nickerson has extensive experience helping out-of-state parties who need assistance with probating Michigan estates. He handles legal issues often associated with probate litigation, including contract and title disputes.

To arrange a free consultation with the Nickerson Law Office, please contact us at (810)-987-3009 or fill out our Contact Form.

How do I know if I need a trust or a will?
An experienced Attorney can explain the differences between a trust and a will. Your individual and/or business, estate or succession plans should be carefully crafted by an experienced professional. Attorney Robert Nickerson will explain all of your options and recommend what best fits your needs.

Does a trust replace a will?
A trust supplements, not replaces, a will. Not every estate benefits from a trust. If you are considering placing your estate and retirement assets in a trust, it is very important that you work with an attorney with extensive experience in that field.

To arrange a free consultation with an experienced and trustworthy attorney, contact the Nickerson Law Office, at (810)-987-3009 or fill out our Contact Form.

We are heirs in a will, and the will is so confusing. What should we do?
You need to contact an experienced and trusted probate litigation attorney who has worked to help clients deal with the confusion caused by poorly prepared wills and trusts. Attorney Robert Nickerson is an experienced and trustworthy probate litigation attorney who can help you!

To make an appointment with an experienced probate litigation attorney, please contact the Nickerson Law Office at (810)-987-3009 or fill out our Contact Form.

What is a living will, and do I need one?
The purpose of a living will is to describe your wishes for medical treatment and long-term care in the event you become debilitated by injury or illness. While living wills are not recognized in the State of Michigan courts, Michigan law recognizes something similar called “Durable Power of Attorney” for health purposes, which is similar to a living will. Durable Power gives your designated loved ones clear direction if they have to make medical treatment or long-term care decisions on your behalf. If you have a Durable Power of Attorney for health purposes, loved ones will know your wishes and will have the legal authority to make certain they are carried out.

You need a Durable Power of Attorney, because it attends to the measures you want taken in a health care emergency. If you make your wishes clear, you can avoid much sadness and pain for your loved-ones. Important end-of-life decisions should be made by you, not by others in court. A properly-drafted Durable Power, when accompanied by a person you trust to be your Durable Power of Attorney, helps ensure that health-care providers follow your wishes, not the wishes of others.

Why should I bother with a Durable Power at this point in my life?
Like a will and a trust, a Durable Power forces us to confront uncomfortable issues. Because life is unpredictable, it is important now to have your wishes clearly stated in legal documents. The Nickerson Law Firm will make this process as easy and comfortable as possible for you. We will make sure that the documents are properly drafted—guaranteeing that the decisions you make now can not be challenged by anyone in the future.

To arrange a free consultation with an experienced and trustworthy attorney, contact the Nickerson Law Office, at (810)-987-3009 or fill out our Contact Form.

What is the definition of “domestic violence?” Who would be included in “domestic”?
The State of Michigan Act creating the Michigan Domestic Violence Prevention and Treatment Board defines domestic violence as: The occurrence of any of the following acts by a person that is not an act of self-defense: causing or attempting to cause physical or mental harm to a family or household member; placing a family or household member in fear of physical or mental harm; causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress; and/or engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested. “Domestic” is defined as “Family or Household Members", including:

• A spouse or former spouse
• Someone with whom you live
• An individual with whom the person has or has had a dating relationship
• An individual with whom the person is or has engaged in a sexual relationship
• An individual to whom the person is related or was formerly related by marriage
• An individual with whom the person has a child in common

The National Sexual Assault Online Hotline
Help and support for victims of sexual assault who may be unable or unsafe using a national telephone hotline.

*Information provided by the Department of Human Services.

What should I do if I (or someone I know) am being abused?
Seek help immediately! Call your local police. An Attorney also can assist you in getting a court order called a restraining order. This orders the abuser to stay away from you. If he, or she, violates the order, any police can arrest him/her on the spot. Three national organizations can also provide information and help connect you to their local domestic violence or sexual assault agency:

The National Domestic Violence Hotline (NDVH)
1-800-799-SAFE (1-800-799-7233)
1-800-787-3224 (TTY)
www.ndvh.org

The Rape, Abuse and Incest National Network (RAINN)
1-800-656-HOPE (1-800-656-4673)
www.rainn.org

National Teen Dating Abuse Hotline Number
Just for teens. You can talk one-on-one with a trained advocate 24/7 who can offer support and connect you to resources.
1-866-331-9474
1-866-331-8453 (TTY)
www.loveisrespect.org

The National Sexual Assault Online Hotline
Help and support for victims of sexual assault who may be unable or unsafe using a national telephone hotline.
apps.rainn.org/ohl-bridge/

*Information provided by the Department of Human Services

For a lawyer's expertise on Michigan domestic violence laws, call attorney Robert Nickerson for an appointment at (810)987-3009 or fill out our Contact Form.

Will I lose my house and car if I file for bankruptcy?
Not usually. Filing bankruptcy in Michigan offers two sets of exemptions (lists and values of items you can keep), plus a third option called Entireties property. These three choices are as follows:

1. Federal exemptions listed in the bankruptcy statue declare that any person in a Chapter 7 bankruptcy can keep the equity in their residence up to a value of $21,625. Thus, $43,250 if husband and wife file together. This means that you can keep your home as long as you continue paying the mortgage and tax payments if the net value of your home after subtracting the mortgage balance doesn't exceed $43,250.

Further, you can keep a vehicle with a net value not to exceed $3400 each person; household furnishings and clothing $10,775 each person; jewelry up to $1440 each person; pension 401K, IRA, etc. up to $1,050,000 each person, and more specific items like paid-up life insurance, accident awards, etc.

2. Michigan Exemptions—Michigan exemptions, which can be substituted for the Federal exemptions, are very similar to the Federal but some of the dollar amounts are different. For instance, a filer and/or filing spouse can exempt the equity in their residence is $34,500; if either is over the age of sixty-five, the amount is $51,650.

3. Michigan Entireties Property Michigan has a statue which prohibits any court from ordering a seizure of any property (real estate and personal property) which is owned jointly by a husband and wife, if the debt is only the debt of one of the spouses. Thus, if all or most of your debt is only in your name, then the bankruptcy petition would be in your name only but will list your property as owned jointly by you and your spouse. Thus, no matter what the value of your house equity, it cannot be seized by the bankruptcy court if the house is owned jointly by you and your non-filing spouse.

Can I file for bankruptcy if I filed in the past?
A person can file for bankruptcy eight (8) years after a previous bankruptcy.

Will I lose my job because I file?
No. The Federal statute prohibits this.

If I own my own business or am self-employed, will I have to stop my business?
No.

What debts are not stopped by a bankruptcy filing?
Student loans; past-due income taxes (with some exceptions); alimony; child support; debts ordered paid in a divorce judgment (that would become your ex-spouse's responsibility if you didn't pay them); credit card debt incurred within 90 days before your bankruptcy filing.

There are other specific debts related to fraud and other specific circumstances that Attorney Robert Nickerson will be happy to review with you. For an appointment, Call (810) 987-3009 or contact us by filling out our Contact Form.

What is the definition of wrongful death?
Under the REVISED JUDICATURE ACT OF 1961 (EXCERPT) Act 236 of 1961, Sec. 2922 describes wrongful death as: …Whenever the death of a person, injuries resulting in death, or death as described in section 2922a shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured or death as described in section 2922a, and although the death was caused under circumstances that constitute a felony.

What should I do if a personal injury or wrongful death occurs?
Contact a lawyer s soon as you know you have been injured. Do not sign any statements about the accident nor sign any papers concerning the accident, insurance coverage or anything related to your injury without first reading them with you. Some insurance adjustors will offer you a money settlement which they know is well below what you should be getting. This is why you should not talk about nor sign anything concerning your accident and injuries without hiring a lawyer and having him present!

When you choose attorney Robert Nickerson to represent your injury or a wrongful death case, you are choosing an experienced Michigan Wrongful Death Attorney! For consultation with an injury or wrongful death attorney, contact Robert Nickerson at (810)987-3009 or fill out our Contact Form.

Could you give an example of what would be considered an injury/accident law suit and what I might expect if I file a personal injury lawsuit?
If you were injured by a motor vehicle, or injured while you were in a motor vehicle, your medical and hospital expenses, 85% of your lost income up to a certain dollar amount is payable monthly for a maximum of 3 years; cost of services you may need up to a certain dollar limit per day, are to be paid by your own automobile insurer even if you weren't in your automobile at the time of the accident and without regard to who caused the accident. This is known as the No-fault law. However, Michigan statues also provides that all persons who are the victims of the negligent or wrongful acts of another are to be reimbursed for their pain, suffering, lost future earnings, without regard to the three-year “no-fault” limitation, scarring.

Negligent injuries and/or wrongful death are best handled by being reported by an experienced lawyer like attorney Robert Nickerson. Attorney Nickerson has 39 years of trial experience and negotiation expertise. He has represented insurance companies in the past and understands their tactics. For an appointment, please call Robert Nickerson, Attorney at Law (810)987-3009 or fill out our Contact Form.