Q: What can family attorneys help with?

A: Our offices can help with any and all of your family law problems. Some of our most frequent cases involve Divorce, Child Custody, Post-Judgment matters and CPS Matters. 

Q: What is the difference between separation and divorce?

A: A separation involves two married partners that have mutually agreed to reside in different residences while retaining their married status. Divorce on the other hand officially and legally ends the couple's marriage. In order for an individual to remarry they must be divorced. 

Q: Do family matters have to go to court?

A: Yes and no. If you want to obtain a legal separation, divorce, file for paternity, child support or child custody, you WILL have to file an action in the appropriate Circuit Court. The reason for that is, only the Circuit Court has the authority to grant a divorce or make determinations regarding the legal rights of the parents over their children. Some family law matters do not require the initiation of litigation, such as the drafting of a pre-nuptial or post-nuptial agreements. However, most family law disputes do require a court filing in order for them to properly proceed. Consult one of our experienced lawyers about your specific issue.

Q: If my partner and I are getting a divorce but we agree on everything, do we still need attorneys?

A: Legally speaking no, but it is highly recommended that each party should retain an attorney to carefully inspect what each party is signing, and to ensure that the agreement you are entering into is both legally valid and that the result is equitable for both parties. This is a great way to prevent misunderstandings, vague contractual language, and issues in the future. Overall, having an attorney protects each party and allows them to sign a final order or judgment that is in their best interest. 

Q:Can custody arrangements be modified as time goes on?

A: Yes. Custody agreements can be modified at any point in time, as long as the children remain subject to the Court’s jurisdiction. Changes to custody or parenting time can be made in two ways. The parties can mutually agree and submit that agreement to the Court, or one party or the other can seek a modification. Regardless of how such a modification is being made, the parties should have an attorney counsel and advise them, to ensure that any modification that is being requested or agreed to is in the client's interests. There are many other changes that will occur if a parenting time or custody arrangement is changed, many of which you may not know or realize unless you consult with an attorney. Fortunately, our family law attorneys are well versed on these issues and can provide you the necessary guidance to ensure you avoid any such pitfalls.

Q: I just lost my job and I'm not making any money, but my child support is still due. Can I do anything to get a reduction?

A: Yes. An experienced family law attorney can get your matter before the Court, and seek either a reduction or a remediation of support. Time is of the essence, however, because support continues under the order until a proper request for modification is before the Court, and there are complex hurdles that must be cleared to ensure this happens as quickly as possible. Contact our office today to discuss whether or not such an action woudl be appropriate for your circumstances.

Q: How do I know if my injury is strong enough to get a lawyer?

A: Any sort of injury can have major impacts on one's finances, mental health, and overall life. If you think that you were injured and may be eligible to sue, call our offices for a free consultation. No matter if it's big or small, always contact an attorney to ensure your rights and any claims you may have are being protected. 

Q:What happens if I don’t have pain until significantly after my injury?

A: Most types of personal injury cases have statutes of limitations. The length of those statutes depends on the type of injury. However, in almost every case, a lawsuit doesn’t have to be filed right away, and it is quite common for the full extent of an injury to be determined significantly after the incident occurs. 

Q: What counts as a personal injury?

A: If you have received any harm to your personal body, mental state, reputation, or financial life from the actions of another party then your injury may constitute a “personal injury.” The best way to determine if your injury may be one for which you have a cause of action, schedule a free consultation and chat with one of our experienced attorneys.

Q:What kind of evidence is necessary to have a strong case?

A: The short answer is any evidence you have relating to the injury. In order to prove a Defendant liable you must provide evidence that the Defendant owed you a duty, they breached that duty, the Defendant’s breach of their duty of care to  you caused the injury, and the damages you suffered as a result. Any evidence that can be presented to show one or more of these requirements helps your case.

Q:How is pain and suffering measured?

A: The short answer is by a jury or judge at trial, or as agreed upon by parties in settlement negotiations. There are a lot of factors that play into “pain and suffering.” The requirements change based on the type of case you have. You should consult with an attorney to discuss your case and try to get an idea of what the value might be. 

Q: Why do I need a will?

A: Having a will is a great way to protect everything you have worked for and achieved after you're gone. Having a will ensures that your assets will be properly passed on to loved ones. It also protects your family from any hassle or struggle over your prized possessions, by setting a clear direction of what should be passed down to who. 

Q: What is a POA (power of attorney)?

A: Power of Attorney is a court filed document that gives one person (above 18) the power to make decisions for another (above 18). This is very common for people with special needs, advanced medical needs, and elderly individuals. 

Q: When should I update my will or estate plan?

A: Yes. Any time you obtain a valuable asset or come across something in your possession that holds significant sentimental / monetary value, you should update your will and/or estate plan. 

What is the difference between a will and trust?

Q: Can I apply for a concealed pistol permit?

A: It depends. If you do not have a criminal record, or, your have convictions that do not otherwise disqualify  you from owning a firearm, and  you complete the necessary CCW course, you can apply for a CPL. The County Clerk in the County where you live will process your application, and your application will be reviewed. If you are approved, your CPL will be mailed to you in three or four weeks, as a general rule.

Q: If I was denied my CPL or was refused a renewal of my CPL, is there anything I can do?

A: Yes. You can appeal a denial of a CPL or a refusal to renew a previously issued CPL. The viability of such an appeal depends on the facts of an individual case. Contact us and we can set up a free consultation to discuss your individual case.

Q: I was convicted of a felony. Can I carry a firearm?

A: Legally, no, you cannot. All 50 States and the Federal Government make possession of a firearm by a convicted felon a crime. Under Michigan law it is a felony punishable by up to five years in prison, and subjects you to other possible charges, some of which carry mandatory prison terms. Under Federal law, it is a felony punishable by up to ten (10) years in prison, and also subjects you to other possible charges, some of hwich carry mandatory prison terms. Bottom line, if you have been convicted of a felony, regardless of how long ago, don't carry a gun, unless you are prepared to face possible criminal charges.

Q: If I have been convicted of a felony, is it possible for me to get my rights to carry a gun restored?

A: Yes. However, there is currently a pause by the Department of Justice for review of any restoration applications. The DOJ recently took back firearm rights restoration reviews from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is in the process of setting up a new, streamlined process by which to petition for these rights to be restored. If you want to seek restoration of your firearms rights, contact our office and we can set up an appointment to ensure that when the application portal opens, we can get your application submitted early, before the tidal wave hits.

Q: I want to open a gun shop. What do I need to do?

A: First, you need to contact a lawyer who can ensure all of your corporate documents are properly set up and you are operating as a legal business entity. DFWN can take care of that for you as part of the process. After that, you will need to submit applications for the appropriate federal licenses, at minimum a Federal Firearms License, commonly referred to as an FFL. The FFL will give you a license to buy, sell and transfer firearms lawfully to others. You may need to obtain other licenses too. For example, if a shop wants to sell firearms that are imported from certain countries, there are importer licenses that must be obtained. If a shop wanted to reload and sell ammunition to customers, there is a specific license that must be obtained to permit this practice. All of them have different requirements, and all of them have different costs. The applications can also be complicated. Consulting with an attorney who can help complete the paperwork and can submit the applications on your behalf is highly recommended. DFWN, PLC can help with all types of applications and can provide guidance as to what your shop would need, depending on what services you want to provide and what items  you would like to sell. Call our office and set up a free consultation to discuss your plan and what it would take to get  you there.

Q: My shop received a notice from the ATF claiming a violation of Federal regulations and they are threatening to shut me down. Is there anything I can do?

A: Yes. There is an established process by which you can challenge violations and tickets issued the ATF, including violations for which a shut down of operations has been found. At DFWN, PLC, we have the knowledge and experience to represesnt your interests in filing and handling such an administrative appeal. You may also have other claims as well, if ATF violated any of the rules or regulations that control such searches.