Michigan has just enacted its first law against texting while driving. Effective Thursday, July 1, 2010, it is now illegal for a driver of a vehicle to read, type or send a text message from a mobile device situated in the driver’s hand or lap.
This is the first state-wide legislation enacted, and it supersedes any local laws that were previously enacted.
Effective July 1, 2010, it will be a civil infraction to text and drive, and a first offense carries a $100.00 fine. A second and all other subsequent offenses carry a $200.00 fine.
Click here to read the law itself: MCL 257.602b
Click here to read the Detroit Free Press story on the new law: Mobile texting ban nearly here
If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
Wendy Alton: Experienced and compassionate attorney empowering clients to creatively resolve family conflict.
Ann Arbor, Michigan | 734-673-3567 | wendy@wendyaltonlaw.com |https://wendyaltonlaw.com
Wednesday, June 30, 2010
Tuesday, June 22, 2010
New York Considers "No-Fault Divorce"
A recent article in the New York Times reflects that New York is considering legislation to end the fault-based divorce system, and move to a system of “No-Fault Divorce.” What exactly does that mean?
New York is one of the states that requires “fault” to be proven in order for a divorce to be granted. This means essentially that the person filing for divorce must state specifically the reason they are seeking a divorce, and the allowable reasons are confined to adultery, cruelty, imprisonment or abandonment. The spouse filing for divorce must prove one of those reasons to the Court, or the divorce will not be granted.
Michigan has been a “No-Fault Divorce” state since 1971, when the legislature abolished the fault system for obtaining a divorce. In Michigan, the person filing for a divorce does not have to state a reason for the divorce, nor do they have to prove adultery, cruelty, imprisonment or abandonment to the Court in order to get divorced.
Essentially, in Michigan, this means that if a person wants to get divorced, the divorce will happen unless both people decide to reconcile.
Does this mean that “fault” is never discussed? Not at all. The underlying reasons leading up to the divorce, particularly “fault,” become relevant in issues of property division, spousal support (alimony), custody and parenting time. However, “fault”, in Michigan, becomes more a cursory issue, and not one that has to be proven in order to get divorced in the first place.
You can read the New York Times article here: Change to Divorce law Could Recall a TV Quiz Show: ‘To Tell the Truth’
If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
New York is one of the states that requires “fault” to be proven in order for a divorce to be granted. This means essentially that the person filing for divorce must state specifically the reason they are seeking a divorce, and the allowable reasons are confined to adultery, cruelty, imprisonment or abandonment. The spouse filing for divorce must prove one of those reasons to the Court, or the divorce will not be granted.
Michigan has been a “No-Fault Divorce” state since 1971, when the legislature abolished the fault system for obtaining a divorce. In Michigan, the person filing for a divorce does not have to state a reason for the divorce, nor do they have to prove adultery, cruelty, imprisonment or abandonment to the Court in order to get divorced.
Essentially, in Michigan, this means that if a person wants to get divorced, the divorce will happen unless both people decide to reconcile.
Does this mean that “fault” is never discussed? Not at all. The underlying reasons leading up to the divorce, particularly “fault,” become relevant in issues of property division, spousal support (alimony), custody and parenting time. However, “fault”, in Michigan, becomes more a cursory issue, and not one that has to be proven in order to get divorced in the first place.
You can read the New York Times article here: Change to Divorce law Could Recall a TV Quiz Show: ‘To Tell the Truth’
If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
Friday, June 11, 2010
Al & Tipper Gore and the Silver Divorce
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If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
A recent article in Newsweek reflected that the recent divorce announcement by Al & Tipper Gore is actually reflective of the marriage and divorce trends, and that there is a rise in what is called the “Silver Divorce,” which is a divorce between couples who have spent at least 25 married years together.
There are some significant issues that become immediately important in “Silver Divorces” when the couple has been married for a significant amount of time. This includes issues of retirement, pensions, spousal support, and even social security.
Michigan law dictates that all marital assets are to be split equally when a couple divorces. This means that if one of the spouses has an IRA, 401(k), or pension, that must be valued (determine what the marital portion is) and that marital portion must be shared equally.
Also, in long-term marriages, the courts will often grant a request of spousal support (alimony). The length of time and the amount will vary from situation to situation—but it is an important consideration and in many cases, absolutely necessary for one of the spouses.
Lastly, it is important that the issue of social security is addressed. If you have been married 10 years, then even after a divorce, one spouse may be able to collect social security based upon the other spouse’s work record. This is something that should be definitely be discussed with an attorney.
Whether or not there is a trend toward more “Silver Divorces,” what is crystal clear is that if you have been married that long, you need to be well equipped with a skilled divorce lawyer so that you are fully aware of what your rights are, what options exist for you, and how to prepare for your financial security moving forward.
You can read the Newsweek article here: The Rise of the ‘Silver Divorce’
If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
Tuesday, June 8, 2010
What can we learn from Gary Coleman?
Lessons from Gary Coleman’s Estate
Who has the authority to make funeral and burial arrangements for the recently deceased Gary Coleman? His parents or his ex-wife who had medical power of attorney?
Neither.
A 1999 Will was recently found, and in this Will, Gary Coleman nominated his former manager, Dion Mail, as the Executor of his probate estate, which means that he, as executor, also has the authority to make funeral and burial arrangements.
People often think that if they have a power of attorney in place, or a medical power of attorney, then that person is the one who is responsible for making burial and funeral arrangements. Some people even believe that the spouse or parents have the right to do so in any circumstances.
However, it is the Executor, or the Personal Representative of the Estate that has the authority to make the funeral and burial arrangements. The Executor or Personal Representative is nominated in a person’s Will.
It is extremely important to make sure that your Will is up to date, and nominates the right person for the position of Executor or Personal Representative. It is advisable to frequently review your Will to make sure that you keep your nominations and wishes up to date.
We will never know if Gary Coleman still intended to make his former manager the person responsible for making the funeral and burial arrangements. What we do know is that he nominated him to do just that in a Will drafted in 1999. With no other revisions to that Will or new Wills, that is the decision that stands, and that is the decision the Courts will enforce.
You can read the CNN article here: Gary Coleman funeral plan 'pending' as executor takes over
If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
Who has the authority to make funeral and burial arrangements for the recently deceased Gary Coleman? His parents or his ex-wife who had medical power of attorney?
Neither.
A 1999 Will was recently found, and in this Will, Gary Coleman nominated his former manager, Dion Mail, as the Executor of his probate estate, which means that he, as executor, also has the authority to make funeral and burial arrangements.
People often think that if they have a power of attorney in place, or a medical power of attorney, then that person is the one who is responsible for making burial and funeral arrangements. Some people even believe that the spouse or parents have the right to do so in any circumstances.
However, it is the Executor, or the Personal Representative of the Estate that has the authority to make the funeral and burial arrangements. The Executor or Personal Representative is nominated in a person’s Will.
It is extremely important to make sure that your Will is up to date, and nominates the right person for the position of Executor or Personal Representative. It is advisable to frequently review your Will to make sure that you keep your nominations and wishes up to date.
We will never know if Gary Coleman still intended to make his former manager the person responsible for making the funeral and burial arrangements. What we do know is that he nominated him to do just that in a Will drafted in 1999. With no other revisions to that Will or new Wills, that is the decision that stands, and that is the decision the Courts will enforce.
You can read the CNN article here: Gary Coleman funeral plan 'pending' as executor takes over
If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.
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