Van Tubergen, Treutler & Hayes, PLLC

What is the importance of Spousal Support?

When a marriage no longer works, there’s a big possibility that it will end up in a divorce. Spousal support, among others, is one issue that can be brought up during divorce proceedings. What is the importance of spousal support, and how do Michigan courts decide whether to grant it or not?

Spousal support, or alimony, is a legal obligation of providing financial assistance to a person by a former spouse before or after a divorce. It could help that person especially if he/she is financially-dependent on the other. Unlike in child support cases, where there are definite guidelines for determining how much payment will be made, spousal support petitions have to be evaluated first on a case-to-case basis before deciding if either of the parties involved owes the other support money or not. There is a broad range of factors considered in Michigan courts that influence final judgment on spousal support cases. They most often include:

• The conduct of each spouse during the marriage and the length of marriage. Spousal support may not be awarded to a person who has been unfaithful to his/her marital partner nor has a history of substance abuse during the marriage. Also, there is a higher chance that a judge will award alimony if the marriage had been a long-term one (ten years or more).
• The age, health, needs, assets, and ability of each spouse to work. Although properties acquired during the marriage will be divided between the parties undergoing a divorce, these assets have to be evaluated since it is possible that the properties awarded to a person cannot cover living expenses. A person’s health is also taken into consideration as it may influence his/her ability to work and ability to meet his/her needs. Age is also a deciding factor as older people might find it difficult to get back to work again.
• The capacity of the spouse who is asked for spousal support to deliver the payment. The person from whom alimony is requested will also be evaluated on his ability to provide support, since he/she also has to attend to his/her needs.
• The living conditions of both parties during marriage and the present. The judge will consider the standard of living the parties had during marriage and may use it as a basis for awarding spousal support. The present living conditions of each spouse, like his/her earning capability and whether he/she is living with somebody else or has people to support, will also be taken into account.
• The principles of equity. Fairness will be exercised in determining the amount of alimony to be paid and how long it will be paid.

Spousal support can either be temporary or permanent, and the length of time a person has to pay can also be determined by the factors stated above and other reasons as well. In any case, petitions for spousal support are complex matters and need the help of experienced attorneys who are knowledgeable with every aspect of divorce cases. Van Tubergen, Treutler & Hayes is a respected law firm which has served and earned the trust of its clients. If you are looking for a divorce lawyer in West Michigan with dependable expertise in family law, contact us now at 616-377-0087. You can also request for a free initial consultation here.

https://www.vttlaw.com/family-law-attorney-grand-haven-mi.html

Domestic Violence and its Negative Effects

Incidents of domestic violence are not fresh news. In the United States, an alarming statistic reveals that about 20 people per minute, on average, are being abused by their partners. Domestic violence causes a lot of negative effects to its victims which, though may be lessened activities such as therapy or counselling, could leave scars that could last a lifetime. Men, women, and children victims alike suffer from the negative effects of domestic violence. Some of them are listed below.

• Physical effects. The most common form of domestic violence is physical abuse. You get headaches, ugly bruises, and broken bones and sometimes, you get worse. Some victims could acquire circulatory and gastrointestinal conditions as a result of exposure from too much abuse. Problems with pregnancy can occur in women victims. Sexually-transmitted diseases and reproductive disorders can also manifest in those abused sexually.
• Mental and psychological effects. Because of abusive experiences, victims find themselves questioning their self-worth. Domestic abuse can trigger depression which might cause the victim to entertain suicidal thoughts. The victim can also get flashbacks and nightmares of the abuses, termed as Post-traumatic Stress Disorder (PTSD), which can cause sleep disturbances.
• Emotional effects. Feelings of unworthiness, helplessness, and hopelessness are generally experienced by abuse victims. Effects of domestic violence also include an inability to trust others and being unmotivated and disinterested about the future.  
• Effects on children. Children who experience abuse, or those living in homes where domestic abuse happens, may exhibit violence in school or at home in response to threats. They are prone to behavioural problems and pessimistic outlooks in life and may have difficulty befriending others due to poor social skills. Children who grow up exposed to violence at home have greater risks of committing crimes and engaging in alcohol or substance abuse in the future. Witnessing or experiencing domestic violence, in turn, may most likely cause male children to batter their future partners. Female adults who’ve witnessed their mothers being abused as children have a greater rate of being abused themselves.

Any household member can be a victim of domestic violence. If you need help, you may call the U.S. National Domestic Violence Hotline at 1-800-799-SAFE (7233). This hotline is toll-free and open 24 hours a day anywhere in the United States. Michigan domestic violence laws have available legal protection for victims such as securing restraining orders and spousal or child support orders.

Although we may not fully understand what it must feel like to be left scarred by domestic violence, please know that we care and would offer the best efforts that we have to help you get through such a tough chapter in life. Our lawyers at Van Tubergen, Treutler & Hayes have represented many clients in court and have established good reputation in the West Michigan area. We will help resolve your family issues because we know how devastating domestic violence can be. If you need a domestic violence attorney, you can contact us today for a free initial consultation at 616-377-0087.

https://www.vttlaw.com/domestic-violence-attorneys-lawyers-grand-haven-mi.html

Bankruptcy: What to do?

Bankruptcy is a legal procedure in Federal Court which is provided through Article 1, Section 8, Clause 4 of the United States Constitution. Congress establishes statutory laws concerning bankruptcy through Title 11 of the United States Code. There are also state laws which may also apply. The information contained herein is not complete and further legal advice may be required. Information is from the current BAPCPA law.

Declaring bankruptcy can be pretty stressful and is an extreme measure, but if used in a right way and the right time, it can definitely save you money and give you peace of mind which can help you get on your feet in no time.

However, declaring bankruptcy can also be expensive and time-consuming, and have a huge impact on your credit store. This, in turn, can have far-ranging effects on other aspects of your life, such as buying a new car or home, or even applying for jobs. Also, waiting to declare bankruptcy until you are completely broke can actually work against you.

Van Tubergen and Treutler, PLLC represents consumers in filing two types of bankruptcy petitions – Chapter 7 and Chapter 13. In a Chapter 7 bankruptcy, the debtor surrenders all non-exempt property to a bankruptcy trustee who then liquidates that property and distributes the proceeds to the debtor’s unpaid creditors. As a result, the debtor is entitled to a discharge of the unsecured debt, meaning the debtor is not legally responsible for further payment.

Typical unsecured debt would include credit cards, medical or dental bills, retail accounts, etc. The debtor’s secured debts are handled by reaffirmation (an agreement to continue regular payments with a creditor), redemption (payoff of an agreed amount owed the creditor) or surrender to the trustee of the item secured for disposal by sale. Secured items are generally homes, automobiles or large item purchases at retail stores. Further some debts are not dischargeable, such as student loans, spousal and child support, some taxes, etc. Debtors are also able to exempt a certain amount for particular items or in some cases the entire value of items in order to keep them.

https://www.vttlaw.com/bankruptcy-attorneys-in-grand-haven-mi.html

Michigan Child Custody

Michigan encourages both parents to remain involved in their children's lives, even after divorce. Courts are required to consider joint custody, if either or both parents request it. However, there are different kinds of child custody in Michigan. Let's talk about them.

TWO TYPES OF CUSTODY: LEGAL AND PHYSICAL

Parents can share Legal Custody which is referred to as “Joint Legal Custody” or one parent may be awarded Legal Custody which means one parent has “Sole Legal Custody”.

If the parties are awarded “Joint Legal Custody” then each parent shares in decision-making regarding the children and parents must consult with one another to make decisions including schooling, religion, medical issues and other important child-rearing issues.

Joint Legal Custody also provides each parent with access to their children’s health and medical records. However, in some cases one parent will be awarded “Sole Legal Custody”. In these cases, the parent with Sole Legal Custody does not have to consult with the other parent regarding important issues involving the minor child.

The second form of Custody is known as “Physical Custody”. Physical custody as shared between the parents is referred to as “Joint Physical Custody” or one parent may be awarded Physical Custody which means one parent has “Primary Physical Custody”.

“Joint Physical Custody” means that the parents attempt to share parenting time with the children on a more or less equal basis. This generally occurs when the parents can cooperate with one another for the best interest of the children.

So, how does the court decide the custody issues? The court's custody award must be based on the best interests of the children, as determined by a number of factors set out in the state's custody law.

The court should look into the best interest of the child standards as per the custody law in Michigan.

Child custody in Michigan is very complex. There are various burdens of proof which can impact the outcome of a case. It is recommended that if you are involved in, or are looking to initiate a custody action, that you retain the services of an experienced law firm such as Van Tubergen, Treutler & Hayes, PLLC, with experience in domestic relations law.  Contact us today for a free initial consultation.  616-377-0087

https://www.vttlaw.com/child-custody-attorneys-grand-haven-mi.html

Responsibilities of Litigation Lawyer 

Litigation attorneys or trial lawyers are the kind of lawyers in which people have stereotypical ideas about lawyers. They are the kind of lawyers who spend most of their career in courtrooms and filing lawsuits.

Litigators have several major responsibilities starting from investigation, pleadings, and discovery to pre-trial, trial, settlement, and appeal.

Initial case of investigation

In order to determine whether there is enough evidence to file for a lawsuit, if he/she is representing a plaintiff’s case, a litigation attorney often conduct an initial case investigation. On the other hand, if the defendant is the one he/she represents, he/she should know what evidence is there to defend a potential lawsuit.

Steps involved in this process may include looking for witnesses and taking their statements, gather important documents, interviewing the client, and investigate the circumstances leading to the dispute.

Pleadings and Motions

Whether the attorney is representing the plaintiff or the defendant, he/she will draft a variety of pleading and motions on his/her client’s behalf. These motions may vary from motions to strike, dismiss, amend or change venue, to motions for judgment on the pleadings. In behalf of the plaintiff, a summon and complaint needs to be drafted to initiate the lawsuit. On the other hand, in behalf of defendant, the attorney will investigate and formulate responses against the allegations filed.

Discovery

Discovery is the most crucial part in litigation. In this process, the two parties were able to meet to exchange relevant information for the filed lawsuit. To gain relevant information, litigation attorneysusually use variety of discovery devices such as interrogatories, depositions, requests for production and requests for admission.

Collecting, processing, and analyzing the information gathered during this stage will help the case to progress. When relevant information is extracted during discovery, the attorney may draft or argue for discovery-related motions.

Pre-Trial and Trial

In pre-trial, preparations for trial such as consultations with the clients, retaining expert witnesses, attending pre-trial conferences, and developing trial strategy are done.

Although majority of lawsuits does not really end up in proper trial, there are some cases where both parties have to present their case in civil court. This is where cross examination of witnesses and clients, persuasive arguments, and evidence presentation takes place.

Settlement

Anytime during the litigation, the attorney can request for settlement or negotiation with opposing parties in behalf of his/her client.

Appeal

If the outcome is unfavorable for the client, the litigator may appeal for the case. Drafting post-trial motions or developing appellate strategies are some options a litigator can use to appeal.

If you need a litigation attorney, call the attorneys of Van Tubergen, Treutler, & Hayes, PLLC for legal assistance or aggressive representation in West Michigan near Grand Haven, Holland, Muskegon, and Ottawa. Contact us at 616.377.0087.

Source:

Kane, Sally. "What Do Litigation Attorneys Do?" The Balance. N.p., n.d. Web.

How to File for Personal Injury Claim

Before anything else, after an accident, you should look after your health. When you are fully treated and ready, you can think about pursuing a personal injury claim. Here are some steps in filing for a personal injury claim.

Number 1. Evidence

The most important thing when filing for a case is evidence. There won’t be any case if there is no evidence. If you are a victim of an accident, collect evidences that can help you point out who or what caused the accident along with the damages incurred. Photographs or medical certificate can be used.

Once you are fully treated, it is important to be fully prepared when you are thinking of pursuing a personal injury claim. Write down everything you go through after the incident had occurred. You may include medical bills, hospital visits, any lost work or wages, etc.

Number 2. Police Report

Filing for a police report will help you secure accurate records of important information which happened during and after the accident. The facts that the police hold will have a great use later on especially when bringing the case into the court. That information will be used for evidence or elaborate explanation.

Number 3. Document Signing

In whatever case, it is a rule not to sign documentswithout fully understanding of what is written. Paper might be presented to you after the accident to settle things with the other party. It is strongly advised to not sign anything that could release the negligent party from liability or that may force you to forfeit your right to a lawsuit. To make it sure, have your lawyer read it and explain it to you.

Number 4. Call a Personal Injury Attorney

When filing for a claim, you should not try to settle it alone. It can complicate the process and might even mess things up. Contacting an experienced personal injury attorney is critical to help you with compensation and injury settlement. For an experienced and dedicated attorney, Van Tubergen, Treutler, & Hayes, PLLC  guide you through the complexities of the many federal and Michigan laws that protect & compensate you from any negligence or malicious intent to injure.

For personal injury claims in West Michigan near Grand Haven, Holland, Muskegon, and Ottawa, contact Van Tubergen, Treutler, & Hayes, PLLC at 616-377-0087.

Why Hiring A Lawyer for Your Small Business is A Must

Some people have not realized the importance of a lawyer until they got in trouble. If you are starting a business, you probably need help from a business lawyer. There are various reasons why you need one. Consider the following reasons to help you decide in hiring a lawyer.

Legal Forms and Documents

A business lawyer knows every bit of information in business legalities. He/She can help you with the forms and requirements of legal documents necessary in starting your business. You know that you are on the right track with a lawyer’s helping hand. This will save you from future problems regarding the legality of your business.

Focus on Other Business Start-ups

Start-up requires a lot of work. Since you are just starting, there are so many things you need to focus on. However, it is hard to do two things at once especially when you are all by yourself. Having a lawyer helps you focus on other aspects of start-ups such as value proposition, channels, customer relationships, cost structure, etc while the lawyer handles the legal processes involved in your business.

You Got a Helping Hand

As you focus more on other aspects of start-ups, your lawyer can handle other tasks such as trade marking your name, reviewing lease documents, discussing potential legal structures, and preparing incorporation forms.

Skills you should look for in a business lawyer

1. The first thing you need to start your business is a contract. Your lawyer should be skilful and knowledgeable in drafting a contract. A properly drafted contract is the most cost-effective way to protect your business. From inventory purchasing, sale of goods or services, equipment leasing and purchase, logistics, hiring practices, and employment policies, contracts are important. Your lawyer should also help you in responding to contracts in which other parties want you to sign.

1. If you have decided on what legal type of business you want to pursue, whether you want an LLC, LLP, or corporation, you need a knowledgeable lawyer who can help you prepare the necessary paperwork.

1. If you are planning to lease a commercial space for your office, your attorney should know how to add “tenant’s addendum” that could benefit you. Since lease agreements are always drafted in favor of the landlords, this tenant’s addendum should contain provisions that could also be favourable to you.

1. The registration of your business for federal and state tax identification numbers should also be the task of your lawyer. In addition, he/she should understand the tax consequences of the basic business transactions your business will engage in.

Those are some of the basic skills that your business lawyer should have. It is also important to take note that a lawyer who specializes in small business is the best choice.  

Whatever legal assistance you need, contact Van Tubergen, Treutler & Hayes, PLLC at 616-844-3000. We serve clients near Grand Haven, Muskegon, Ottawa, and Holland in Michigan.

Taking Care of Your Minor Children through Estate Planning

Estate planning is not just for properties to be protected. It is also for the purpose of protecting your loved ones. If a person dies without a will, the laws of Michigan have established a system to distribute the properties of the person who passed away to his/her relatives. If the deceased have minor children, the court will also be the one to designate their guardian. The custody will be given to a trusted person the Probate Court Judge will nominate. These can be done through Probate.

Probate is the process by which in the absence of a Trust or Will or any other probate alternative, the court can administer the affairs of the person who just died. These affairs include not only properties but also the minor children involved.

Death is something that no one can predict. No one knows when our lives got to be taken. One thing is for sure, death is final and irrevocable. As much as possible, manage your affairs in order to bring you and your loved ones convenience when the time comes. Having a carefully drafted estate planning does not mean preparing to die. Estate planning means keeping your properties and loved ones secured in case sudden death will happen. It is better to be prepared than feel sorry later.

There are common estate planning issues that the parents with minor children can face. One of these issues involved the designation of guardian for minor children which already mentioned above. Here are some other examples.

Attorney-In-Fact

Accidents most often can change not only our physical appearance but also our life as a whole. Most have lost their ability to speak or to function as they were before the accident. If this happened and you are unable to manage your personal finances, an Attorney-In-Fact can manage your financial matters on your behalf. An Attorney-In-Fact is the one appointed in a Durable Power of Attorney for Financial Matters.

Life Insurance

Purchasing a sufficient amount of Life Insurance will keep your children secured. Choose a qualified financial planner to discuss your priorities regarding your children’s education and the cost to maintain their standard of living.

In naming the beneficiaries of your life insurance, investments, and assets of your estates, an attorney can help you to ensure that the proceeds will be used for your child’s wellness. In case there are remaining assets after the youngest child graduates from college, you should also discuss with your attorney the best strategy to ensure that the money will still be used for the benefits of the children even after becoming young adults.

Things can be a little bit more complicated when having a child with special needs. If this is your case, an estate planning attorney can help you use a Trust to provide your child’s medical, educational, and financial needs. That way, you will feel more at ease knowing that your children are secured.

To handle all these things, a trusted estate planning attorney with excellent experience will be your guide. Van Tubergen, Treutler, & Hayes, PLLC near Grand Haven, Holland, Ottawa, and Muskegon County in Michigan will be happy to help you and your children. Contact us at 616-844-3000.

Expungement - Getting Your Records Clean

House Bill No. 4186 is a new law enacted on 2015 which creates dramatic change in expungement law in the State of Michigan. Expungement is the process of erasing a criminal record from someone’s profile. The new law elaborates the extent to which a person can file for an expungement on his/her criminal record.

Prior to House Bill No. 4186

The previous law is quite limited and expungement can only be applied under one condition. A person will be granted expungement of only one criminal offense whether it be a felony or misdemeanour. However, it does not allow expungement of certain crimes such as sexual assault, domestic violence, murder, rape, weapons charges, and other considerably serious crimes.

Under the New Law

Unlike the previous law, the new law takes immediate effect and allows a number of criminal offense expunged from their record. If you have one felony and two misdemeanors in your record, which is less serious than felony, all three of them can be expunged. However, expungement is not applicable to crimes such as sexual assault or other crimes punishable by life imprisonment.

This change in the law is a good news for everyone convicted with multiple criminal offenses. Many people could not get misdemeanour or felony off their records by having multiple convictions. Under this law, individuals may now get an expungement and live with their records clean. This can help them in securing a job.

Getting a job is difficult for people with criminal offense in their record even if it is a minor offense. That is why their relief when the bill was passed is immeasurable. They can legally deny that they have been charged with felony or misdemeanour.

For all clients affected by this law, criminal defense attorneys of Van Tubergen, Treutler, & Hayes, PLLC encourages you to get help in our office in Grand Haven, Muskegon, Holland, and Ottawa County in Michigan. The law office will help each convicted with criminal offense to expunge and keep their record clean once again.

Give us a call at 616-844-3000 for free consultation or set up an appointment regarding your legal matters. We seek to assist our clients in getting treatment and counseling to help them avoid future legal problems.

What Does No-Fault Divorce Mean?

Filing for a divorce has never been easy. Divorce does not only mean breaking off a marriage, it also means property division, alimony, and custody, if a child is involved. In order to file for dissolution of marriage, specific grounds need to be met. Each states have each specific regulations in order for a person to be granted a divorce, whether the state allows fault divorce or no-fault divorce.

What is Fault Divorce?

In the past, it was much difficult to go through divorce proceedings since the states have fault divorce.

Fault divorce means that in order for a marriage to be dissolved, either party has to provide the fault in their marriage and prove it to the court. In states where fault divorce is required, specific grounds for a fault-based divorce include:

• Cruelty
• Adultery
• Inability to engage in sexual intercourse
• Confinement in prison or commission of felony by one of the parties
• Abandonment for a length of time

The grounds vary depending on the state where you live. Wherever you live and whatever grounds you choose, it is important to note that you have to prove those grounds.

No-Fault Divorce

Most states in the US have no-fault divorce. In this arrangement, either party may file for a divorce without finding a fault in their marriage. To file for a no-fault divorce, one party only needs to state a reason that is recognized by the state where the couple lived. In most states, declaring that the couple have incompatibility, irreconcilable differences, or irremediable breakdown of marriage is enough to be granted a divorce.

Although most states have no-fault divorce, each of them still requires regulations in order to dissolve their marriage.

Michigan is purely a no-fault divorce state. However, it has residency requirement like some other states. For at least 6 months or 180 days, at least one spouse has lived in Michigan before filing for a divorce.

Though fault in marriage is not needed for dissolution of marriage, it remains a critical factor in property division, spousal support, and custody. This means that the property will be divided based on the fault in marriage. This will also be the basis when determining the amount of spousal support and the determination of custody. Fault may arise in cases of infidelity, physical abuse, or addiction. In case fault is established, less than 50% of the marital estate will be granted to the party at fault. Depending on the significance of the fault, the amount of spousal support may increase and extend its duration. Child custody is also affected by marital fault. The moral fitness of the parties has significant effect on the outcome of the custody determination.  

This shows that finding a marital fault is still important in getting divorce even in no-fault state. For more information on filing a divorce case in Michigan, contact the divorce attorneysof  Van Tubergen, Treutler, & Hayes, PLLC.

Call us at 616-844-3000. We provide legal assistance in Grand Haven, Muskegon, Holland, and Ottawa County in Michigan.

How to Plan for Your Retirement

Have you ever thought of what to do after you retire? Have you ever thought about your life after you are free of employment? Thinking about how young you are to start thinking about retirement plans, you may never have entertained this idea. However, to ensure that you will have a satisfied life after retiring, as early as possible, you need to come up with a well-constructed retirement plan.

To help you start planning, here are some tips you can use.

1. Think of what you want

Before you reach your retirement age, think of what you want to do after you retire. List down all your objectives and the goals you want to achieve. Be as specific and descriptive as you can so you will have a clear view of your goals. For example, list down the places where you want to go and the things you want to do there.

Try to limit your goals first. Start with the most important ones. You can slowly outline them if you still have a vague idea on how will you spend your free time. This step will help you focus on your goals and make them more achievable.

2. Start saving

If you are already saving, that is good. Saving now will make you better prepared. If you are not, then you better start now. It is like buying yourself a big gift in the future. You do not need to start big. Start with small amount then challenge yourself by increasing it every month. Saving for retirement should be your priority. As much as possible, stick to your plan and continue saving. You should take your savings first before you allocate your budget for food, clothes, and other expenses.

Cut your expenses and prioritize only the important. If you want to entertain yourself during free time, allow yourself a treat maybe once or twice a month. Also, think of other ways to earn money. Think of turning your hobbies and skills into a real income. You will have a chance to showcase your talent while enjoying and earning at the same time.  

3. Take care of your health

All of your saving and plan will be useless if right after your retirement, you will be lying in bed beause of some illness. Be as healthy as possible. Do not hesitate to visit your dentist every once in a while and have some medical tests and preventive exams for your health evaluation. Eat healthy, take some time to exercise, and get enough sleep.

4. Know your employer’s retirement savings plan and pension plan

If your company has retirement savings plan, for example, 401(k) plan, sign up and contribute. If you do, your taxes will be lowered. You will realize how compound interests and tax deferrals can make a big difference to the money you can collect. Further, think about the plan you made. Think about how much would you need and how long will it takes to get that money while staying in the plan.

If they have pension plan, check to see if you are qualify and know what your benefit is worth.

5. Know your Social Security benefits

We would be needing the Social Security benefits to support our retirement plans. About 40 percent of what we earned before retirement is paid by Social Security benefits. Make an estimate on how much benefits can you get.

If you want to start collecting your benefits, keep in mind that the later you collect the better. You will have a greater benefit if you wait longer. You will also be eligible for delayed retirement credits. This would allow an increase in your benefits every year until the age of 70.

Those are some tips and ways on how to prepare for your retirement. You may ask assistance from the trusted estate planning lawyers of Van Tubergen, Treutler, & Hayes, PLLC. Our estate planning and elder law services include retirement planning.

Call us at 616-844-3000. We provide legal assistance in Grand Haven, Muskegon, Holland, and Ottawa County in Michigan.

Sources:

Employee Benefits Security Administrator, United States Department of Labor. (2015). Top 10 ways to prepare for retirement [pdf]. Retrieved from https://www.dol.gov/sites/default/files/ebsa/about-ebsa/our-activities/resource-center/publications/top10ways.pdf

Fuscaldo, D. (2012). 10 Steps to Get Ready for Retirement - Financial Planning. Retrieved May 11, 2017, from http://www.aarp.org/work/social-security/info-05-2011/10-steps-to-retire-every-day.html

Know the Business Must-Haves

While some dream of having their perfect job, some dream of having their own business. Starting up your own business can be your greatest achievement and make you feel a sense of fulfilment. Having this kind of dream is great but turning it into reality is quite tough especially for first timers. The most difficult part is the early stage of planning but once you pass this phase, you are good to go.

If you are planning to start a business, you need to have patience and motivation. It is not just something that you can let go of once you experience difficulties and start again every time you feel like it.

Here are some tips on starting a business.

1. Brainstorming

Starting a business should not be done spontaneously and hastily. You need to brainstorm for ideas regarding the kind of business you want to start. Think of something that the marketplace lacks, something you want to do, or something that you are knowledgeable and passionate about.

2. Research

Learn to search about the companies in your chosen industry. Research their strategies and think of how you can make it better. Once you got a solid idea, something that other companies cannot do, you are ready to begin the next big step - creating a business plan.

3. Creating a Business Plan

Brainstorming ideas is the hardest part of starting a business. Creating the plan is the second hardest part of the process. In constructing a plan, you need to ask yourself a few questions. For example, try these questions;

• What should be the purpose of my business?
• Who is the target market of my products?
• How will I finance the start-up costs?
• What are the potential risks and what can I do to solve those problems?

Those questions are just a pigment of things you should ask yourself in order to formulate a good business plan. The plan can guide your company from where and how it should go.

4. You Need to Gather Resources

Think of how will you going to cover the costs of starting up a business. A commercial loan can be a good starting point however, since it is often difficult to apply for one, you have to find other alternative lenders.

5. Register Your Business

Having done these, you are almost ready to start your business. The next step is to register with the government and IRS. This is necessary to be an officially recognised business entity. Employee Identification Number (EIN) from the IRS, on the other hand, though not required for sole proprietorships with no employees, is needed to separate personal and business taxes.

6. Purchase an Insurance Policy

Having the right insurance company can keep you protected in dealing with incidents like property damage, theft, or customer lawsuit.

Starting a business can be quite overwhelming. No matter how good you are, you will need some help from other people. For legalities and other issues, you can contact the lawyers of Van Tubergen, Treutler, & Hayes, PLLC. We have the experience in assisting clients to organize their small business and provide follow-up services including drafting of contracts and leases, business succession planning, collections, employment issues, and litigation.

Whatever your chosen business is, know that you can always count on us for assistance. Call us at 616-844-3000 for free initial consultation. We will be glad to help you wherever you are in Grand Haven, Holland, Ottawa, and Muskegon County in Michigan.

Criminal Defense Lawyers’ Vital Role in Court

In the year 2014, there has been a great increase in the United State’s crime rate. Among the states in the US, Alaska has the highest crime rate recorded in 2014 which amounts to 635.8 per 100,000 population. With a slight difference, Nevada comes in second with 635.6 per 100,000 population. Tennessee, New Mexico, and Florida follow.

The world is getting more dangerous than it was. Violent crimes have become rampant and more people are getting hurt and more lives are taken. Unfortunately, not all perpetrators end up behind bars. Some even get away from their crimes by pointing their fingers toward someone else. Some innocent people got to pay for the crimes they have not committed. This is the time a criminal defense lawyer steps in.

There is a variety of major services in which a criminal defense lawyer performs to help the accused in any given case. Not only does he/she acts as a defender but also acts as adviser. In accordance with judicial system, one is innocent until proven guilty. Everyone accused, no matter what kind of crime it is, has the privilege and right to a legal defense.

The main role of a criminal defense lawyer is to defend his/her client against the accused of committing a crime. In order to have a flawless defense, the lawyer should quickly sum up the immediate facts of the case and start a thorough investigation.

Client interaction

In order for the client and the lawyer to work together, there should be a “client interaction”. It is the first order of business. In this step, the lawyer will personally meet the client to discuss the case. It is also possible that the lawyer should visit the accused in prison.

Case management

This is where the fundamental role of a criminal defense lawyer comes in. This step involves organizing of case documents, reviewing of the correspondents, and filing of exhibits.

Pleading Preparations  

This is where experience and knowledge of the lawyer become primarily important. The criminal defense lawyer is expected to perform his duties to the best of his abilities. This is possible by utilizing his/her expertise in criminal defense law and applies to each particular case. Further, this is the chance for the lawyer to prove his/her client’s innocence from the charged crime. In this phase, determining and answering the complaints filed against the accused is involved as well as submission of defendant’s defenses and denials against the complaints. The necessary copies of all important documents need to be passed to the prosecutor of each case and to the court.

However, in proving the client’s innocence, the process can end in settlement negotiation. Plea bargains are sometimes used to work for a lighter sentence, often before a trial.

Finding a reliable criminal defense lawyer is the most essential thing to do for a successful defense. If you are in need of one, contact Van Tubergen, Treutler, & Hayes, PLLC at 616-844-3000. You can expect our reliable service in Grand Haven, Holland, Ottawa, and Muskegon County.

Annulment or Divorce?

Having a married life is not only about sharing happiness but also sharing your ups and downs. Having an argument or misunderstanding is a part of it. Couples may also encounter challenges which make their relationship stronger. But not all of them surpassed it and end up being separated or having a divorce.

What is Divorce?

Divorce is a process which two married couple are cancelling their legal duties and responsibilities of marriage; dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state.

In most country, divorce requires a legal process like sanction of a court or other authority which also involve the issues of distribution of property and division of debt. For couples who have child/children it may also includes the child custody, child visitation/access, child protective proceedings and parenting time. Going through this process the Family Law Attorneys of Van Tubergen, Treutler & Hayes, PLLC near Grand Haven, Muskegon and Holland are capable of handling such cases.

Divorce occurs in some reasons like lack of independence for one or both spouses to a personality clash or sexual incompatibility. In regards to divorce proceedings we know all the area of family law, our divorce attorney will give you advice and assist you in everything and will resolve your family issue.

What is the Difference Between Annulment and Divorce?

Unlike divorce, annulment means declaring a marriage null and void in a legal procedure. It is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning as if no legal marriage has taken place.

On the other hand, divorce is used to end marriage where the married couple already had a marriage contract and solemnized their union. When couple decided to end up their union then filing a divorce will be the option no matter how long they got married.

Our reliable lawyers of Van Tubergen, Treutler & Hayes, PLLC near Grand Haven, Holland and Muskegon, Michigan can help you with the problems regarding the matter and to help you with proper guidance. For a free initial consultation, contact our Law Office at 616-844-3000.

 You Deserved A Compensation From A Traumatic Brain Injury

Involving in an accident is a traumatic experience. You may suffer from broken bones, bruised skin, and even emotional trauma. There can be internal bleeding, blunt trauma and invasive trauma. However, the injury may not be healed even when all of your wounds have healed. Accidents involving high impact can lead to traumatic brain injury. An ordinary physical examination may overlook this kind of injury because it is more likely that it will only occur at a later time after the accident.

Dealing with the after effect of the accident is much more complicated and healing traumatic brain injury is much harder than applying medicine to physical wounds. It can bring irreparable harm and even death. You may survive from the accident but the injury in your brain can lead to your death. The attorneys of Van Tubergen, Treutler, & Hayes, PLLC near Grand Haven, Holland and Muskegon, Michiganwill help you get the compensation you deserve.

If you experience confusion, intractable headaches, and memory loss which resulted from a force that impacts the head, then you are more likely to suffer from brain injury.

One serious brain injury is contusion. It can be a bruise or a bleeding on your head which requires a surgery.

Concussion is another type of brain injury which resulted from a blow to the head. If it is a severe concussion, it may lead to long term problems in the movement, language, speaking, and learning of the victim.

Other cognitive and physical changes can occur which are devastating not only to the victim but also to the victim’s loved ones. It will affect your life as a whole including your personal relationships and performance in your job. The extent of the brain injury is often unknown and may even progress further leading to a more severe damage.

The facts of traumatic brain injury are important. Since symptoms are not physically visible, it would take a hard work to prove to the court that the victim is indeed suffering from traumatic brain injury. You deserve to be compensated from what you have gone through. Though financial assistance is not enough to recover everything you have lost, it will be a big help for you to get back to your healthy state.  

Damage to Your Nervous System Can Be Widespread And Progressive

• Memory loss may be temporary, or even become permanent
• Speech could be affected, both in delivery and appropriateness
• Mental capacity for functions such as reading or doing calculations may be altered or lost
• Coma and even death could happen

Whatever the cause of the Traumatic Brain Injury, you will need the resources and legal expertise of Van Tubergen, Treutler,& Hayes, PLLC to investigate the accident and will immediately proceed to attain the appropriate compensation for you injury.  Call us at 616-844-3000 whether you are near Grand Haven, Muskegon, and Holland, Michigan. 

Planning for the Future through Estate Planning

When you have a lot of properties, you need to protect them. By protecting those, you are protecting your family as well. One way to do this is through proper estate planning techniques. The main goal of estate plans is to avoid probate. Once a carefully drafted estate plan is ready, probate will no longer an issue.

Unlike what other people think, estate plans are not expensive. It is a practical way to prepare for the future since it will bring a lot of convenience in the long run. Through an estate plan, you can incorporate your unique wishes into a legally binding set of documents.

We have only one motto when it comes to drafting documents, we “Hope for the Best and Plan for the Worst”. You can accomplish any goals you have in mind without limitation with a well drafted estate plan. The following are some of the things you can achieve;

• Designate a third party (ie guardian) to care for your minor children and a trustee that will be responsible to manage the money that is available for your children’s care
• Protect assets if you or your spouse must live in a nursing home
• Plan for the needs of a child with special needs
• Ensure that the family cottage will remain in the family
• Plan for adult children with substance abuse problems
• Protect assets from creditors
• Designate a Patient Advocate as well as a person to manage your financial affairs if you are unable to do so yourself
• Minimizing, delaying, and avoiding estate tax liability

Estate Planning Techniques

Trusts

To have great control over your assets, as the creator or the “Settlor”, you can use a Trust. This will help you manage your properties before and even after death, avoid probate, and keep financial affairs private. Although it is slightly expensive than wills, it is much better because it offers greater protection and personalization.

Wills

People may be more familiar with wills as they often seen it on television shows or movies. There will be a personal representative who will be appointed by the person, who is called testator, entrusting his/her assets. The testator can designate the distribution of his/her properties after death. Then, the representative, usually the lawyer, will be in charge of handling the affairs of the estate for him/her. The personal representative can also nominate a guardian and conservator for the left-behind children of minor age.

Probate

If a person has died without a Trust or Will, and left his/her properties without owners, then a probate will be used to administer the person’s affairs. The probate court will appoint a personal representative to distribute the properties to the relatives, in behalf the deceased.

Power of Attorney

If a grantor has no capacity or unable to manage her/his financial and medical well-being, power of attorney documents will appoint an individual who can handle the grantor’s affairs.

Estate planning are complicated and extensive matters. You will need a trusted expert to help you choose the right estate planning techniques. The Law Office of Van Tubergen, Treutler & Hayes, PLLC in Grand Haven, Holland, and Muskegon, Michigan is your choice when handling these matters.

Call us now for free initial consultation at 616-844-3000.

Are you Qualified for Chapter 7 Bankruptcy?

When you are undergoing bankruptcy, get a help from your lawyer. The bankruptcy law can provide you with assistance to let you have a fresh start. The court will help you pay your debt little by little. For those recently become unemployed and no other means to secure an income, they are qualified for a Chapter 7 Bankruptcy. This will be determined through a process called Means Test. This will compare your income to other families of the same size within the same geographic location. If your family income is lower and without other means to pay your debt, then the court will more likely approve your application.

The court will appoint a trustee to take care of some of your debts by compiling a list of all your non-exempt assets. The trustee has the right to seize and sold these items to partially pay off your debts to your creditors. For your remaining debts, the bankruptcy court can discharge it for you; this will also prevent your creditors from collecting the remaining balance which you owe them. You will have a clean slate or a fresh start without worrying of your past financial mistakes.

However, there are two important facets involve in a Chapter 7 bankruptcy. First thing to keep in mind is exemptions created by the state and federal law. Bankruptcy Attorneys at Van Tubergen, Treutler & Hayes will help you keep as many assets as you can by determining the set of rules you should use. One more thing, although there are debts that can be discharged, recent tax debt, student loans, alimony or child support, criminal penalties or restitution, and fraudulent transfer of assets are some debts which are impossible to discharge. You will still have to repay them.

Most common reasons for the discharge of consumer and individual debts:

• credit card debt
• foreclosure actions
• massive medical bills
• personal lines of credit
• personal guarantees on business lines of credit or commercial leases

Chapter 13 Bankruptcy

On the other hand, in Chapter 13 bankruptcy, the court will confirm a plan of repayment for all or part of your debt on a schedule that your income can sustain. It is also designed to protect your personal assets while allowing you to pay a portion of your debt and discharging the remainder of debt. Unlike Chapter 7, you must have a steady income and available assets in order to file a Chapter 13 to pay your debt over a three to five year period.

If you want to protect your assets while discharging some of your debts, you will need two things. These include, one, skilful case preparation and, two, a skilful lawyer. These will help you get a better option in repaying your creditors.

Law Office of Van Tubergen, Treutler & Hayes, PLLC can provide you with sound advice regarding a bankruptcy case that will lead a solution to your financial crisis wherever in Grand Haven, Holland, or Muskegon, Michigan.

Contact us today for a free initial consultation at 616-844-3000.

When Facing Assault & Battery Charges in West Michigan

What are you going to do when you have been charged with assault and battery? It is not easy for someone who is not even at the slightest bit guilty. These charges are not just upsetting and embarrassing but also disadvantageous. Companies are strict when it comes to their employees’ record. Having a criminal record means having less chances of getting a better and high paying job.

When someone is charged with assault and battery, the intent to harm is the most important element to prove that someone is guilty. The prosecution needs to prove that there is the intention to harm the victim and that there is an actual contact between the alleged perpetrator and victim. It is also part of their responsibility to demonstrate that the assault and battery is not used as a defense from attempted harm to the alleged perpetrator.

Unfortunately, some uses these charges for their own advantage. For example, when child custody is involved, one partner may file for assault and battery against the other partner to turn the court’s favor towards the alleged victim. Van Tubergen, Treutler & Hayes, PLLC understand this better more than anyone. We can build a strong defense to demonstrate how the alleged abuser was only preventing another crime from occurring such as in the case of property owners who only wish to protect their assets.  

If things become sever such that homicide is involved, the best way to defend is to prove that the action is a self-defense or there is a lack of evidence or insanity. Van Tubergen, Treutler & Hayes, PLLC, has an extensive and highly successful track record in representing clients, whether juveniles or adults, charged with criminal offenses. We are among the most successful law firms in Grand Haven, Holland & West Michigan area.

With broad experience in a wide range of legal disciplines such as Criminal Law, Bankruptcy, Divorce, Personal Injury & Small Business law, our Attorneys service our client’s needs both locally and regionally.

Our Firm handles the following Criminal Cases, but not limited to:

• Misdemeanors & Felony Offenses
• Assault & Battery Charges
• Domestic Violence Charges
• Drunk Driving Charges
• Drug & Drug Related Criminal Charges
• Weapons Charges
• Fraud/Theft Charges
• White Collar Crimes
• Appeals & Expungement

With Van Tubergen, Treutler, & Hayes, PLLC, you can prevent unwarranted punishment for a crime you did not commit. As an experienced criminal defense attorney, we will protect your rights and keep your record clean. Contact us today for a free initial consultation at 616-844-3000.

Filing for a Divorce in Grand Haven, Holland, and Muskegon, Michigan

Considering divorce may be a bit handful to you. Undergoing a family crisis while being lost in the legalities involving divorce can be too much for you to handle. Van Tubergen, Treutler & Hayes, PLLC understand your condition and we will be more than willing to assist you in everything you need regarding divorce proceedings. We have deep knowledge on every areas of family law which includes divorce, custody, parenting time, child support, spousal support, paternity, guardianship, step parent adoption, and child protective proceedings.

The Difference Between Divorce and Annulment in Michigan

Although annulment and divorce are both a legal proceeding used to end marriage, they differ under circumstances where it can be used. For example, when there was a flaw in the marital proceeding, the couple or either of the two parties can file for annulment. This is done if they wish to consider their marriage as null, or a marriage that never exist.

The judge will make a determination that a legal marriage never happened or took place. Since the previous marriage is null and void, if either the parties remarries then it is considered as his/her first ever marriage.

Annulment can only be possible under certain circumstances. Among these, either or both of the parties should be;

• Still or already been legally married to someone else
• Underage or not mentally competent to be married
• The parties are too closely related to be married
• Marriage consent was obtained by fraud or force
• Marriage was never consummated or there is a lack of physical relations between the couple after the marriage ceremony

If any of the above reasons is valid, then an annulment can be used to end the marriage. When it is successfully granted, both of the parties are compensated with everything that they brought into marriage or earned through their labor during marriage.

Divorce on the other hand is used if the couple, even when marriage has undergone proper proceedings, want to dissolve their union. Regardless of how long or short the duration of their marriage is, when the husband and wife obtained a marriage license, a divorce is needed to be filed when ending their marriage.

In any other states, to file for a divorce case, the person must state the reason why he or she needs it and prove this to the court. However, Michigan grants a divorce in a no-fault grounds. This means that anyone can file for a divorce whenever they see that there is a need to, with or without indicating the fault in their marriage. When all is settled, the judge will determine the arrangement for the couples including their property rights or custodial and visitation rights when minor children are involved.

Regarding the custodial rights of the parent, in which marital fault can affect the result, the court makes a determination through twelve factors. These factors encompass the Best Interest of the Child Standard. The other factor is the moral fitness of the parties. This factor can have a serious impact on the outcome of the custody determination.

Contact our expert Family Law lawyers in Grand Haven, Holland, and Muskegon, Michigan. For a free initial consultation, call the Law Office of Van Tubergen, Treutler & Hayes, PLLC at  616-844-3000.

Get your Driver’s License Back through a Criminal Defense Attorney in Grand Haven, Holland, & Muskegon, Michigan

There are times when we go out, have fun, celebrate, or simply want to get drunk because we are either having a good time or a bad time. We cannot help ourselves but get a drink on some nice bars. Often times, we cannot control ourselves from drinking way too much. As a result, we drive home drunk.

If you are unfortunate enough, a police patrol might be following you behind suspecting you of drunk driving, which is you actually are guilty of. During these circumstances, we might be more scared in losing our license than finding ourselves in a cell. Our experienced and compassionate criminal defense attorneys of Van Tubergen, Treutler & Hayes, PLLC at Grand Haven, Holland, & Muskegon, Michigan understand your need for an immediate, aggressive and systematic criminal defense, as well as your feelings of fear.

Call us as soon as possible to initiate the best defense. You may be thinking that there is no escape based on what others experienced. However, we do not consider it as a hopeless situation, the attorneys in our firm will strive to defend and get back your driver’s license.

Important Information

Michigan law states that if driver of at least 21 years old has a BAC, or bodily alcohol content, of .08 or greater, then he or she is more likely to be arrested and charged with crime. However, if you are under 21, with just .02 BAC level, you can also get arrested. Penalties increases as your BAC level increases. You would be given “enhanced penalties” if your BAC is .17 or greater. That is relatively high. Another important point is that, if a driver exhibit signs of impairment, no matter how low or high their level of BAC is, they can be arrested as well.

Penalties under Michigan Law

First offense, if you have less than 0.17 BAC

• 180 days license suspension
• 6 points on your license
• $500 fine
• 93 days in jail

Over 0.17 BAC level

• One year license suspension
• $700 fine
• 180 days in jail

The experienced criminal defense lawyers in Grand Haven, Holland, Muskegon, Michigan at Van Tubergen, Treutler & Hayes, PLLC, can help you win your case. It is best to contact help sooner so that a thorough research will be conducted regarding the facts of your case, detect errors, and successfully work to plea bargain your case.

A successful plea bargain could result in more minor penalties, such as probation, fines, or educational courses to offset your charges, with the goal of minimizing the impact on your driving record and auto insurance premiums.  Contact us today at 616.844.3000!

Our firm is also an expert in following areas;

• Bankruptcy
• Criminal Defense
• Elder Law
• Estate Planning
• Wills, Trusts, and Probate
• Litigation
• Personal Injury
• Landlord and Tenants
• Outdoor Televisions
• Small Business
• Contract Drafting and Negotiation 

Protect Your Assets With Estate Planning

Unexpected things occur anytime, anywhere, that is the main reason why it is called “unexpected”. But even so, sometimes you can expect the unexpected. One thing we do is prepare. We never know what will happen to us, to our property, or to our family. Protect your family through proper estate planning techniques.

Estate plans are inexpensive. It will offer much convenience in the long run. You or your family can avoid probate once you have a carefully drafted estate plan. The characteristic of a properly drawn estate plan includes incorporation of your unique wishes into a legally binding set of documents.

When drafting documents we “Hope for the Best and Plan for the Worst”. There is no limit to the goals you can accomplish with a well drafted estate plan, here are some that you can achieve the following;

• Designate a third party (ie guardian) to care for your minor children and a trustee that will be responsible to manage the money that is available for your children’s care
• Protecting your assets if you or your spouse must live in a nursing home
• Planning for the needs of a child with special needs
• Ensuring that the family cottage will remain in the family
• Plans for adult children with substance abuse problems
• Protecting assets from creditors
• Designating a Patient Advocate as well as a person to manage your financial affairs if you are unable to do so yourself
• Minimizing, delaying, and avoiding estate tax liability

Estate Planning Techniques

• Trusts

A Trust can be used if the creator or “Settlor” wants to have a greater control over his or her assets before and after death. It helps you avoid probate and keep your financial affairs private. Compared with Wills, it is more expensive due to its complexity but it offers greater protection and personalization.

• Wills

This allows a person to designate the distribution of his or her assets after death. As commonly seen in television shows, a person will appoint a Personal Representative who is in charge of handling the affairs of the estate for him or her. The representative has also the power to nominate a guardian and conservator for left-behind children of minor age.

• Probate

In the absence of a Trust or other probate alternative, probate can be used to administer person’s affairs after he or she has died. For example, if a person unexpectedly died without Trust or Will, thus, a probate court will appoint a personal representative to distribute the property to the relatives of the deceased.

• Power of Attorney

Power of Attorney documents appoints an individual who will going to make decisions over financial and medical well-being if the grantor is unable.

Probates, Wills, Power of Attorney, and Trusts are complicated and extensive matters. You will need an expert to help you choose the right estate planning techniques. Law Office of Van Tubergen, Treutler & Hayes, PLLC in Grand Haven, Holland, and Muskegon, Michigan is your choice when handling these matters.

Call us now for free initial consultation at 616-844-3000.

Chapter 13 Bankruptcy- Bankruptcy Attorney in Grand Haven, Holland, Muskegon, and West Michigan

The economy has never been stable. There ups and downs and the prices of goods are continually inflating. With all these uncertainties, are you financially stable? For how long? Several business have been forced to close resulting to high unemployment rate which in turn makes many homes face foreclosure. With all these unfortunate events, how will you determine whether or not to file bankruptcy?

There are various circumstances to determine whether one should file for a bankruptcy. The experienced Bankruptcy Attorneys at Van Tubergen, Treutler, & Hayes will help you for this process in a little less painstaking way for you to achieve a fresh financial start.

Questions to ponder

• What are the financial problems that have caused your economic distress?
• Do you have credit card debt?
• Are you in foreclosure?
• Have you received overdraft notices from your financial institution?
• Are you receiving repeated telephone contact from collection agencies?

Having those problems will be an overwhelming experience for you. You will be needing a legal aid with deep knowledge of bankruptcy law.

Chapter 7 Bankruptcy

• designed to discharge most consumer and individual debt to achieve a fresh start
• if you are unemployed and have no other means of support
• determined by a Means Test, a form used to compare your income with families of like size and location
• for example, if your family income is below the average median income in your area and you have no other way to pay your bills and other creditors the bankruptcy court may approve your filing under Chapter 7

Chapter 13 Bankruptcy

When your financial situation exceed the income requirements for filing Chapter 7 Bankruptcy, or you have a debt which cannot be legally discharged by the court, Chapter 13 Bankruptcy  may the best plan for you. This is also a suitable option when you have a property or an asset to protect.

In Chapter 13, you will be given a three to five years repayment schedule in which you will pay off an amount agreed upon. However, a constant stream of income and available assets is needed so you will be qualified.

When Chapter 13 is filed, an automatic stay imposed by the courts stops the foreclosure process temporarily. You must bring the arrange payments within the reasonable time, if you fail to do so, you may lose your home. Therefore, regular payment on your mortgage is necessary.

The amount of payment and the months of repayment vary among all debtors filing under Chapter 13. Debtor’s property value, income, and expenses all determine the makeup of the plan. Those creditors who are unsecured will generally receive a percentage of the amount owed by the debtor. This plan must be reviewed and approved by the bankruptcy judge at a confirmation hearing.

Dealing with financial crisis is not an easy task. You will be needing the support of other people including your family. On the other hand, Bankruptcy Attorneys at Van Tubergen, Treutler & Hayes will be your legal support while having tough times.

Serving the West Michigan area since 2003, Van Tubergen, Treutler & Hayes is among the most successful law firms in Grand Haven, Muskegon, Holland & West Michigan area. With broad experience in a wide range of legal disciplines such as Bankruptcy, Criminal Law, Divorce, Personal Injury, Family Law, Litigation, Estate Planning, and Small Business law.

Contact our expert bankruptcy attorneys at 616-844-3000.

Family Law Attorneys in Grand Haven, Holland, & Muskegon, Michigan

Under the family law includes the nature and issues arising from a marriage. The area of family law includes divorce, custody, parenting time, child support, spousal support, paternity, guardianship, step-parent adoption, and child protective proceedings.  Family law attorneys in Grand Haven, Holland, & Muskegon, Michigan of Van Tubergen, Treutler, & Hayes, PLLC offers full services and legal counsel if your family is in disarray.

Fighting with so much might while understanding the emotional devastation our client is experiencing is what we are. Recognizing and paying attention to the cost or benefit of litigating an issue is important because we believe that this will assist our clients in keeping costs down.

Common Law Marriage

Prior to 1957, Common Law marriage was recognized in Michigan. A Common Law marriage occurred when a male and female entered an agreement to be husband and wife without entering into a civil marriage nor religious marriage but then began to live together thereafter. However, on January 1, 1957 Common-Law marriage was outlawed in Michigan. As a result, Michigan no longer recognizes a Common-Law marriage that began after January 1, 1957.

If you are considering divorce, our divorce attorneys and lawyers in Grand Haven, Holland, & Muskegon, Michigan are experienced and know every little details with the family law and the divorce proceedings. Divorce is done in order to dissolve marriage between a legally married couple. Michigan is a no-fault state for divorce which means any of the party, either the husband or the wife, can file for a divorce without indicating fault in their marriage.

The divorce proceeding includes the judge’s decision on each party’s property rights. If the couple has children, the judge will also determine the custodial and visitation rights of each parent.

The Divorce Process in Michigan

First. To file for a divorce case, the law requires that the individual must have been a resident in the state for 180 continuous days.

Second. Filing for summons and complaint for divorce.

Third. Complaint is served to the other party

Fourth. There is a waiting period of 60 days before a Judgement of Divorce is entered when there is no minor children involved. If otherwise, 180 days or 6 months is needed before entering a Judgement of Divorce.

Final step. Preparing for a Judgment of Divorce and have it entered with the court. Divorce is final as soon as it was signed by the Judge.

The Judgment of Divorce

Judgment of divorce is a formal written document stating that a husband and a wife is divorced. It is written by a lawyer which contained terms and provisions reached through mutual agreement of both parties, mediation, or a trial before a Judge.  

These provisions may include, but not limited to;

• Custody
• Visitation
• Child support
• Real and personal property division
• Marital debt division
• Spousal support or alimony

For swift resolve of your family law issue, contact ustoday at 616-844-3000 for a free initial consultation. Experienced counselling and advice is what our Divorce Lawyers and Family Law Attorneys in Grand Haven, Holland, & Muskegon, Michigan can offer.

Our firm is also an expert in following areas;

• Bankruptcy
• Criminal Defense
• Elder Law
• Estate Planning
• Wills, Trusts, and Probate
• Litigation
• Personal Injury
• Landlord and Tenants
• Outdoor Televisions
• Small Business
• Contract Drafting and Negotiation 

The Divorce Proceedings

Family Law Attorneys in Grand Haven MI, Van Tubergen, Treutler & Hayes, PLLC, offers full services and legal counsel in every area of family law. Area of family law includes divorce, custody, parenting time, child support, spousal support, paternity, guardianship, step parent adoption, and child protective proceedings.

If your family is undergoing turmoil and you are considering to file a divorce, our divorce attorney will assist you in everything you need with regards to divorce proceedings. We know every area of family law and will help you resolve family issue.

Annulment VS Divorce in Michigan

Annulment is different from a divorce. Annulment is the legal procedure used to end a marriage when there was a flaw in the marital proceeding.

Annulment may only be possible if either or both of the parties are;

• Still or already been legally married to someone else
• Underage or not mentally competent to be married
• The parties are too closely related to be married
• Marriage consent was obtained by fraud or force
• Marriage was never consummated or there is a lack of physical relations between the couples after the marriage ceremony

In the case of annulment, the Judge will make a determination that a legal marriage never occurred or took place. As a consequence, if either of the parties remarries, it is considered as their first marriage considering that an annulled marriage means a marriage that has never exist.

If an annulment is granted, each party is compensated with everything that they brought into the marriage or what they earned through their labor during their marriage.

A divorce on the other hand is used to end a marriage where the husband and wife obtained a marriage license and solemnized their union. If marriage undergone the proper proceedings, if the couple want to dissolve a union, then a divorce is needed to be filed regardless of how short or long the duration of marriage is.

Michigan is a no-fault state for divorce which means either of the parties can file for divorce with or without indicating the fault in their marriage. In short, they can file for divorce whenever they see that there is a need to. Then the judge will determine the arrangement for the couples, whether for property rights or custodial and visitation rights.

Problems are temporary. It can be solved with proper analysis. True, some problems takes too long or difficult to be resolved, but every problems have their own answers. You just need a proper guidance. Contact our expert lawyers in Grand Haven, Holland, and Muskegon, Michigan.

For a free initial consultation, contact the Law Office of Van Tubergen, Treutler & Hayes, PLLC at  616-844-3000.

Starting a Small Business in Grand Haven, Holland, Ottawa, & Muskegon County 

Great things always come from small things. Big businesses today have all started small. Aside from their hard work, the reason why they continuously prosper is because of the legal aids they get from the trusted law firms. Van Tubergen, Treutler & Hayes, PLLC has experience in assisting clients organize their small business.

Starting a business is difficult. You will need every help that you can get to successfully put up your desired business. Our expert lawyers will help you with all the things you need such as contracts.

Our lawyers provide follow-up services for clients. We make sure to be at your aid until your business is stable. Our services include but not limited to;

• drafting contracts
• drafting leases
• business succession
• planning
• collections
• employment issues
• litigation

Rental and Lease Agreements

Getting a space for your business is one of the things you need. If you plan to rent or lease a space, getting a rental or lease agreement is necessary. They are the most common types of contract. On it, the rights of both the lessee and the lessor is outlined. If you want to run your business smoothly, it is highly recommended to secure this contract in order to avoid future problems such as litigation. Understanding your rights under a proposed rental or lease agreement is critical.

Business Contracts

In business, contracts are as necessary as the clients. If you want to avoid problems while operating your business, you should draft a contract. It is to make sure that everyone is complying with the terms and conditions set and agreed upon by both parties. Without it, you may face obstacles and may even face bankruptcy.  Every aspect of business should be addressed through a contract that should include;

• inventory purchasing
• sale of goods or services
• equipment leasing and purchase
• logistics
• hiring practices
• employment policies

For business selling certain types of items, drafting a contract or agreement is also necessary such that when a problem or disagreement arise concerning the purchased product, it can be used by either the producer or consumer as reference.

Contact the attorneys at Van Tubergen & Treutler, PLLC inGrand Haven, Holland, Ottawa,& Muskegon County for your questions regarding the drafting, interpretation, or execution of any type of contract.

Serving the West Michigan area since 2003, Van Tubergen, Treutler & Hayes is among the most successful law firms in Grand Haven, Muskegon, Holland & West Michigan area. With broad experience in a wide range of legal disciplines such as Bankruptcy, Criminal Law, Divorce, Personal Injury, Family Law, Litigation, Estate Planning, and Small Business law.

Call us today for a free initial consultation at 616-844-3000. 

Motorcycle Accident Injury Attorneys in Grand Haven, Holland, Ottawa, and Muskegon, Michigan

In 2012, an average of 92 deaths on roadways in the US each day. In a year, at least 33,561 deaths were reported because of motor vehicle accidents. Being a victim of a motorcycle accident is not simple. You are considered lucky if you are still alive. Even though you cheated death, the trauma after the accident is unbearable. Aside from a damaged motorcycle, you will get stitches, contusions, bruises, or you will one arm or leg left.

For weeks, months, years, or worse, lifetime, you will still be suffering from pain, physically, emotionally, and psychologically. Treatment fees can sometimes be high especially when it is for a long term. Financial losses can be as catastrophic as the physical injuries. When this happens to you, you need the immediate and expert counsel of an experienced attorneys at Van Tubergen, Treutler, & Hayes, PLLC. Their personal injury attorneys in Grand Haven, Holland, Ottawa, and Muskegon, Michigan will help you all throughout to get the compensation you deserve for motorcycle accident injuries.

Motorcycle accidents are not waning in frequency in Michigan, instead it bucked the trend of declining motor vehicle accidents.

Many had assumed that the fault is always with the motorcyclist. However, it is more often proven that the other party, not the motorcyclist, is at fault. Sometimes drivers have some prejudice with regards to what type of vehicle you are driving. More often than not, this prejudice is directed towards motorcyclists. Some drivers do not recognize that motorcycles have the same right to the road as does a car or a truck. They do not feel obliged to yield the right way to a motorcyclist.

The facts of each case are important and should be examined. Whatever the cause of the accident, motorcycle accident victims need legal representation for his or her accident claim. This is to start an extensive investigation to the cause of accident, determine the liability, and pursue legal actions necessary in order to achieve maximum compensation for the sustained injuries during a motorcycle accident.

You May Deserve More Than You Know

You may be aware that the law concerning injuries sustained as a result of motorcycle accidents have changed but the rights of the victims are still unclear to many. You may be entitled to a compensation but completely unaware of it. As a matter of fact, the Michigan Supreme Court recently issued an opinion that may give more people access to recovery.

The case McCormick v Carrier, issued in the middle of 2010 changes the scope of what terms “serious impairment of a bodily function” means. Our personal injury lawyers in Grand Haven, Holland, & Muskegon will be happy to provide you with all information you need.

Our dedicated team of professionals will work diligently to bring the compensation our clients deserve. Your peace of mind is always what we aimed for.

Contact the Grand Haven, Holland, Muskegon, & Ottawa, MI Motorcycle Accident Lawyers of Van Tubergen, Treutler & Hayes, PLLCat 616-844-3000 for a free, initial consultation.  

Personal Injury - Getting The Compensation You Deserve

Many have been a victim of hit and run incident from automobile or motorcycle and some suffered from traumatic brain injury. Not only are they suffering from physical injury but also from emotional distress caused by negligence of the one responsible for their situation.

When suffering from pain, anxiety, and potential loss caused by personal injury, you need the experience, commitment, and dedication of the West Michigan Personal Injury Lawyers at Van Tubergen, Treutler & Hayes, PLLC. Our personal injury attorney will help you understand the extent of your legal rights.

Whether you have been a victim of car accident, motorcycle accident, dog bite, or suffering from traumatic brain injury, you deserve some compensation. Van Tubergen, Treutler & Hayes, PLLC in  Grand Haven, Holland, and Muskegon will guide you through the complexities of the many federal and Michigan Laws that protect and compensate you from negligence or malicious intent to injure.

Whether you have been a victim of car accident, motorcycle accident, dog bite, or suffering from traumatic brain injury, you deserve some compensation. Van Tubergen, Treutler & Hayes, PLLC in  Grand Haven, Holland, and Muskegon will guide you through the complexities of the many federal and Michigan Laws that protect and compensate you from negligence or malicious intent to injure.

Personal injury may be of a physical or psychological nature. A person suffering from emotional trauma or emotional distress because of an incident may claim for a compensation.

The personal injury case law, moreover, covers a wide variety of injury and accident situations. The law applies in cases like;

• motor vehicle accidents
• defective medical devices
• acts of omission or negligence
• injuries caused by a criminal action

You deserve a compensation at any cost. If you are suffering from traumatic brain injury, you will need an expert lawyer to help you get the compensation you deserve. Traumatic brain injury is a serious case and no one should ignore it. The following are possible scenarios as a result of the injury.

• Memory loss may be temporary, or even become permanent
• Speech could be affected, both in delivery and appropriateness
• Mental capacity for functions such as reading or doing calculations may be altered or lost
• Coma and even death could happen

Money may not be enough when the above scenarios happened. Death can never be compensated by anyone or anything. Once your mental capacity is damaged, everything will never be as it is. Your whole life will turn upside down.

There is a time limitation when claiming for compensation. As soon as possible, seek for the expert legal counsel of Van Tubergen, Treutler & Hayes, PLLC if you suffer from personal injury.

If you or any of your loved one needs to discuss your claim, call 616-844-3000 now for a free initial consultation from one of our personal injury attorneys.