FAQS
LEGAL ASSISTANCE IN ST. CLAIR COUNTY, MI
Bankruptcy
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.
Can I file for bankruptcy if I filed in the past?
A person can file for bankruptcy eight (8) years after a previous Chapter 7 or 5 years after a previous Chapter 13 bankruptcy.
Will I lose my job because I file?
No. The Federal statute prohibits this.
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.
Can I file for bankruptcy if I filed in the past?
A person can file for bankruptcy eight (8) years after a previous Chapter 7 or 5 years after a previous Chapter 13 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?
There are specific debts that are not stopped by a bankruptcy filing that Nickerson Law Firm PLC will review with you. For a free consultation, call (810) 987-3009 or contact us by filling out our Contact Form.
No.
What debts are not stopped by a bankruptcy filing?
There are specific debts that are not stopped by a bankruptcy filing that Nickerson Law Firm PLC will review with you. For a free consultation, call (810) 987-3009 or contact us by filling out our Contact Form.
Family Law
WHAT IS THE DEFINITION OF A MARRIAGE? WHAT ARE THE LEGALITIES OF MARRIAGE IN THE STATE OF MICHIGAN?
Married same-sex couples as of June 26, 2015, enjoy the same legal rights and benefits as married heterosexual couples nationwide and are recognized on official documents such as birth and death certificates.
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.
Married same-sex couples as of June 26, 2015, enjoy the same legal rights and benefits as married heterosexual couples nationwide and are recognized on official documents such as birth and death certificates.
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.
DO I NEED LEGAL REASONS OR GROUNDS TO OBTAIN A DIVORCE?
No. Michigan is a no-fault State. The statute forbids either party from stating in the complaint, or answer, the reason for the breakdown.
HOW ARE ASSETS DIVIDED IN A DIVORCE?
If spouses cannot determine how assets will be divided, then the court will make the determination 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.
For an appointment with an experienced divorce lawyer, please call the Nickerson Law Firm PLC, at (810) 987-3009 or fill out our Contact Form.
No. Michigan is a no-fault State. The statute forbids either party from stating in the complaint, or answer, the reason for the breakdown.
HOW ARE ASSETS DIVIDED IN A DIVORCE?
If spouses cannot determine how assets will be divided, then the court will make the determination 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.
For an appointment with an experienced divorce lawyer, please call the Nickerson Law Firm PLC, at (810) 987-3009 or fill out our Contact Form.
Wills and Trusts
DO I NEED TO LEGALLY DOCUMENT MY WISHES IN A WILL OR TRUST?
Be as legally prepared as possible. An experienced estate attorney will legally and thoroughly document your wishes. The Nickerson Law Firm PLC in Port Huron, Michigan, offers clients the most dependable and trustworthy legal representation possible for Wills, Trusts, estate planning, probate and trust administration, probate litigation, and business planning.
To arrange a free consultation with the Nickerson Law Firm PLC, please contact us at (810) 987-3009 or fill out our Contact Form.
Be as legally prepared as possible. An experienced estate attorney will legally and thoroughly document your wishes. The Nickerson Law Firm PLC in Port Huron, Michigan, offers clients the most dependable and trustworthy legal representation possible for Wills, Trusts, estate planning, probate and trust administration, probate litigation, and business planning.
To arrange a free consultation with the Nickerson Law Firm PLC, 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. 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 Firm PLC, 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 an experienced probate litigation attorney to assure the intentions of the deceased person are correctly interpreted and fulfilled.
Attorney Robert Nickerson, an experienced and trustworthy probate litigation attorney, can help you! To make an appointment with an experienced probate litigation attorney, please contact the Nickerson Law Firm PLC, 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. Michigan law recognizes something similar called “Durable Power of Attorney” for health purposes which gives clear direction and legal authority to your designated Personal Representative to make medical treatment or long-term care decisions on your behalf and according to the measures you want taken in a health care emergency. You can avoid much sadness and pain for you and your loved-ones if you make your wishes clear. A properly designed 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?
Because life is unpredictable, it is important to have your wishes clearly stated in legal documents. The Nickerson Law Firm PLC will make sure that the documents are properly drafted—guaranteeing that the decisions you make now cannot be challenged by anyone in the future.
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 such as Attorney Robert Nickerson who has extensive experience helping out-of-state parties who need help probating Michigan estates, including probate litigation, contract and title disputes.
To arrange a free consultation with an experienced and trustworthy attorney, contact the Nickerson Law Firm PLC, at (810) 987-3009 or fill out our Contact Form.
Modification of Judgments
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 Nickerson Law Firm PLC 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 which is in the best interests of your children. In litigating child custody in court, Attorney Nickerson can help you negotiate child custody issues, including:
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 Nickerson Law Firm PLC 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 which is in the best interests 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
- Supervised and/or Non-supervised visitation
HOW CAN MR. NICKERSON HELP MY CHILDREN?
Attorney Nickerson has extensive experience in child custody cases. He will listen to your child custody concerns and goals, answer your questions, and assist you in making informed decisions about your custody case. Mr. Nickerson is an accomplished and experienced trial lawyer who is prepared to litigate your custody case in court when necessary.
Contact the Law Firm 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.
Attorney Nickerson has extensive experience in child custody cases. He will listen to your child custody concerns and goals, answer your questions, and assist you in making informed decisions about your custody case. Mr. Nickerson is an accomplished and experienced trial lawyer who is prepared to litigate your custody case in court when necessary.
Contact the Law Firm 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.
Domestic Violence
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:
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
For help and support for victims of sexual assault who may be unable or unsafe using a national telephone hotline, contact: 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 that orders the abuser to stay away from you. Three national organizations can also provide information and help connect you to their local domestic violence or sexual assault agency:
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.
Seek help immediately! Call your local police. An Attorney also can assist you in getting a court order called a restraining order that orders the abuser to stay away from you. 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.
https://ohl.rainn.org/online/
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.
Personal Injury
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?
As soon as possible, contact an experienced injury or wrongful death lawyer such as Attorney Robert Nickerson. He is an experienced and highly respected Michigan Wrongful Death Attorney. Do not talk about or sign any statements about the accident nor sign any papers concerning the accident, insurance coverage or anything related to your injury without consulting your attorney.
For a 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?
An example would be if you were injured by a motor vehicle, or injured while you were in a motor vehicle. Negligent injuries and/or wrongful death are best handled by an experienced lawyer such as Attorney Nickerson who has years of trial experience and negotiation expertise. Having represented insurance companies in the past, he understands their tactics. For an appointment, please call Attorney Robert Nickerson at (810) 987-3009 or fill out our Contact Form.
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?
As soon as possible, contact an experienced injury or wrongful death lawyer such as Attorney Robert Nickerson. He is an experienced and highly respected Michigan Wrongful Death Attorney. Do not talk about or sign any statements about the accident nor sign any papers concerning the accident, insurance coverage or anything related to your injury without consulting your attorney.
For a 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?
An example would be if you were injured by a motor vehicle, or injured while you were in a motor vehicle. Negligent injuries and/or wrongful death are best handled by an experienced lawyer such as Attorney Nickerson who has years of trial experience and negotiation expertise. Having represented insurance companies in the past, he understands their tactics. For an appointment, please call Attorney Robert Nickerson at (810) 987-3009 or fill out our Contact Form.