Girdwood Derik R

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Mon - Fri:	9:00 am - 5:00 pm

Places Near Mount Clemens with Attorneys

Clinton Township (4 miles)
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Saint Clair Shores (11 miles)
Roseville (12 miles)
Sterling Heights (13 miles)
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Macomb Twp (13 miles)
Macomb (13 miles)
New Baltimore (15 miles)

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Neighborhoods: Mount Clemens, Downtown Mount Clemens
Amenities: Appointments Available
AKA: Law Office of Derik R. Girdwood
Other Link: http://www.macomblawyer.net
Categories: Attorneys, Adoption Law Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Child Custody Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Divorce Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Juvenile Law Attorneys, Legal Service Plans, Personal Injury Law Attorneys, Probate Law Attorneys, Traffic Law Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys

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Phone: (586) 783-8095

Address: 75 N Main St, Mount Clemens, MI 48043

Website: http://www.macomblawyer.net

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Girdwood Derik R

Divorce
Child Support
A: The amount of child support paid to the custodial parent by the non-custodial parent is usually determined by the Friend of the Court who looks at the number of minor children, the gross incomes of both parties and whether day care services are needed if both parents work. Your attorney should be able to estimate child support depending on how many over-nights you will have with your child(ren). Child support is usually not negotiable. For more information, click on Macomb FOC.
Child Custody and Visitation
A: Of course you need an attorney because you want it done right and a fair distribution. Too many persons attempt to do a divorce themselves only to find that they have not prepared or filed legal documents correctly resulting in their case being dismissed. Lawyers charge different amounts depending upon their experience and the complexity of the divorce. A divorce can cost between $1200 and thousands of dollars. The more you and your spouse agree on issues of custody and marital asset and debt division the less expensive is the divorce. Fighting over who gets the refrigerator magnets or special visitation rights of the family pet hamster can be very expensive.
Adoption
Paternity
Premarital Agreement
A: No. The marital assets and debts are usually divided 50-50, including your retirement plan built during, but not before, the marriage, regardless if one spouse worked and the other spouse did not. A prenuptial agreement (made before the marriage), however, could change the asset and debt division in the event of a divorce and we recommend a prenuptial agreement when one person has substantially more assets than the other.
Spousal Support
A: Under some circumstances, the answer is yes. If the parties are not living together and share minor children then the party to file first may get a court order granting temporary custody and child support. Further, the party filing first may request that the spouse pay a portion of his or her attorney fees, temporary spousal support and that both parties be ordered to continue to pay the marital bills and not deplete, destroy or hide any marital assets.
Annulment

Criminal Defense
DUI/DWI
I was drinking at home when my girlfriend called from a bar and said she was drunk. I agreed to drive her home. Before I got to the bar, I got pulled over for weaving and I was arrested for drunk driving. This is my first offense and my blood alcohol level was.10. I spent the night in jail and my car was towed. What can I expect in court?
Traffic Violations
I don’t want to tell my spouse I got another speeding ticket because our insurance rates will go up again. Should I get a lawyer to defend me?
Sex Crimes
Misdemeanors
A: You cannot drop the charges because the matter is now between the city attorney/prosectuor and your husband. You are a victim and cannot make this matter just go away by refusing to press charges and your son is mostly likely a witness to the event. If this is the first time your husband was arrested for domestic violence then he should get an attorney who may be able to keep the conviction off his record. To do this, he will have to plead guilty and then comply with all probation requirements, which most likely will be anger management classes and alcohol abuse counseling. The probationary period could last a year. The court may also require him to wear an alcohol-testing tether for a few months. If your husband complies with all the court’s requirements then the domestic violence conviction will not be entered on his record. If your husband has prior domestic violence convictions then the outcome for your husband could be much worse. A third conviction of domestic violence raises it from a misdemeanor to a felony and he could spend some time in jail. It might be a good idea if you both get counseling.
Embezzlement
A: A Will can do a number of things to give you peace of mind: 1) You can nominate a guardian and conservator for your minor children, rather than have the court decide, 2) you can appoint a personal representative, some one you trust, to make sure your will is carried out as it is written, 3) you can leave a percentage of your estate to a church or charitable organization, 4) you can give a higher percentage of your estate to a special needs child or even disinherit a child, 5) you can request unsupervised probate administration, which lowers court costs and speeds the process up. You will also have a probate judge overlooking everything to make sure your Will is carried out correctly and that there is no fraud or embezzlement.
Drug Crimes
A: Fortunately, the law is almost forgiving for some first time offenders. 7411 is a statute whereby your son would have to plead guilty to possession (not delivery or manufacture) of the illegal drug and the matter would not result in a conviction if there are no other violations and he follows all probationary rules. 7411 is only used for illegal possession of drugs and is usually only granted once. Holmes Youthful Trainee Act (HYTA) is also a forgiving statute that provides that a person under the age of 21 who commits a non-violent crime and has no criminal record may also have no conviction on his record if there are no other violations and he follows all the probationary rules. The judge will probably inform your son that he gets only one bite at this apple, and this was it.
Murder
A: Sometimes it is better to take a plea bargain rather than go to trial. Often, but not always, the prosecutor will offer a lesser criminal offense and dismiss the original charge and/or reduce potential jail or prison sentencing in exchange for a plea. If the evidence against the defendant is strong then it is wiser to take a plea bargain rather than risk a trial where the defendant could be found guilty of all the original charge(s) and/or no sentencing guarantees. Most criminal cases (with the exception of murder) do not go to trial and are plea-bargained.
Juvenile Crimes
Probation Violation
My friend was convicted and got probation but has not done some things ordered by the probation department and now has a court hearing for a probation violation. Is this a serious matter?
Shoplifting
My daughter, who is only 14, was arrested for shoplifting and now has a court date in the juvenile court. Will she have this on her record?

Trusts and Estates

Estate Planning
Wills
Trusts
A: There are many types of trusts but the most common is the revocable grantor trust which is also called a living trust. The trust may be modified by the settlor (you) until the settlor’s death or incapacity. This type of trust has many advantages: 1) It can avoid or minimize probate and thus save probate costs, if any, and keep your financial affairs private; 2) It can distribute or manage your assets by a person you have selected; and if you have minor children you can make provisions so that your children will not receive their full inheritance at age 18; 3) it may reduce estate taxes, if any. Whether you need a trust depends on several factors your attorney can review with you. Many people choose to put their marital home in a revocable trust (we do not recommend this if you soon plan to request Medicaid, see next question and answer). Most people do not need a trust. However, you might want to consider getting a ladybird trust which allows you complete ownership of your house while you live, but at your death the deed will pass automatically to your listed beneficiaries without the need of going through probate.
Power of Attorney
A: Yes, it is good to have two other legal documents: 1) Durable Power of Attorney, and 2) Health Care Advocate with Living Will. The Durable Power of Attorney that we recommend is only effective if you become disabled and provides that you have selected a person or persons to administer your financial matters for you while you are unable to perform these duties. The Health Care Advocate is only effective if you become disabled and provides that you have selected a person or persons to take care of your health care needs. Attached to the Health Care Advocate is your Living Will whereby you make your intentions known to doctors and family whether you want to be kept alive on life sustaining equipment or to die naturally when suffering from a terminable injury or disease and there is no hope of recovery.
Probate

Bankruptcy

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