Denise A. Hirschmann P.C.Mount Clemens Michigan Divorce Law Firm | Clinton Township Legal Separation Attorney Macomb County Defense Lawyer2026-07-15T06:54:23Zhttps://www.dhirschmannlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1301590/2020/11/cropped-DH_SITEICON_512x512_NOV20-32x32.jpgOn Behalf of Denise A. Hirschmann P.C.<![CDATA[Understanding custody in Michigan]]>https://www.dhirschmannlaw.com/?p=474952026-07-15T06:54:23Z2026-07-15T06:54:23ZHow do Michigan courts decide custody?
Michigan courts focus on the “best interests of your child” when deciding custody matters. A judge will consider several factors, including the emotional ties between you and your child, each of your abilities to provide care, your child’s home and school environment, and you and your ex-spouse’s willingness to co-parent for the benefit of your child. Because each family’s case is unique, custody decisions are highly fact specific.
What is legal custody?
Legal custody is the right of a parent to make important decisions about their child’s life. These decisions may include education, medical care, religious upbringing and other major issues affecting the child’s welfare. In Michigan, the court may award legal custody to one or both parents.
For instance, when you and your ex-spouse share legal custody, you must work together on major decisions. This arrangement is effective when you can communicate effectively and cooperate in your child’s best interests. However, the court may award sole custody when joint custody would not be practical. Factors such as parental conflict, history of abuse, neglect or inability to cooperate may influence this decision.
What is physical custody?
Physical custody determines where the child lives on a day-to-day basis. A parent with physical custody is responsible for their child’s daily routines, including meals, school preparation, homework and daily supervision. Like legal custody, physical custody may be sole or joint.
It is important to note that joint physical custody does not always mean your child will spend an equal amount of time between two households. Instead, it means your child will have substantial periods of time with both you and your ex-spouse. The exact schedule will depend on your family’s circumstances and what the court believes serves your child’s welfare.
Finding the right path forward
Custody issues can feel overwhelming, especially when you are trying to make the right decisions for your child while also dealing with the stress of your divorce. Whether you are dealing with legal or physical custody, the most important thing to keep in mind is finding an arrangement that can support your child’s well-being. If you are unsure about your rights or what to expect, consulting with a trusted lawyer can be a helpful next step.]]>On Behalf of Denise A. Hirschmann P.C.<![CDATA[3 ways you can split a private practice in a Michigan divorce]]>https://www.dhirschmannlaw.com/?p=474942026-04-24T09:45:41Z2026-04-24T09:45:41ZYour private practice is more than a business. For Michigan professionals like doctors, lawyers and architects, it represents years of hard work. So when your divorce enters the picture, protecting that legacy becomes a top priority. In a high-asset divorce, your practice is often the most valuable asset on the table. Thus, knowing your options can help you protect what you have already built.
How courts view your private practice
Before dividing your practice, the court must first determine how to classify it. Michigan courts can categorize your practice as either separate property or marital property. If you started the practice before the marriage and kept it financially separate, the court may treat it as yours alone. However, if you built or grew it during the marriage, the court could consider it a marital asset.
Michigan’s equitable distribution rule
If the court classifies your practice as a marital asset, Michigan's equitable distribution rule comes into play. This rule requires the court to divide marital property fairly. Fair, however, does not always mean equal. The court weighs factors like the length of the marriage, each spouse's contributions and financial needs. As a result, your share could be larger or smaller depending on your situation.
3 ways to split your practice
Once the court assigns your practice a value, the next step is deciding how to divide it. There are three common ways to split a private practice in a Michigan divorce:
Buyout: You continue running the practice and pay your spouse what their share is worth, either all at once or gradually over time.
Offsetting assets: You keep the practice and your spouse receives other marital assets of equal value, such as home equity or retirement accounts, so both parties walk away with something fair.
Sale: The court orders the practice sold and divides the proceeds between both parties, giving each spouse a financial settlement when a buyout is not feasible.
Each option carries financial and legal implications. Therefore, understanding which one fits your situation is key to protecting your professional future.
Know your options before you decide
Splitting a private practice in a divorce is rarely a straightforward process. The path you choose will shape your finances and your professional future. Hence, taking time to understand each option and how it applies to your circumstances can make a real difference. With the right information and support, you can work toward a resolution that protects what you have spent years building.]]>On Behalf of Denise A. Hirschmann P.C.<![CDATA[How medical challenges can lead to OWI charges]]>https://www.dhirschmannlaw.com/?p=474922026-01-23T21:36:20Z2026-01-23T21:36:20ZOperating while intoxicated (OWI) charges in Michigan can carry a variety of serious consequences. Drivers accused of an OWI offense may serve time in jail. They have to pay court costs and large fines. They typically lose their driving privileges temporarily as well.
Pleading guilty to an OWI results in a criminal record and a sentence imposed by the criminal courts. Motorists who have a reason to fight their charges may find that investing in a thorough OWI defense strategy is better for their long-term personal recovery than entering a guilty plea to resolve the matter as quickly as possible. In many cases, what looks like a drunk driving offense might actually have a medical explanation. What are some of the ways that a person's medical challenges could lead to an OWI charge?
Symptoms that affect test accuracy
Some people have mental health challenges or neurological conditions that could impact how they manage the stress of field sobriety testing. Other people might have undiagnosed diabetes or rare medical conditions that compromise the effectiveness of roadside chemical testing. In some cases, the symptoms that people present during a traffic stop can lead to them failing field sobriety or chemical tests. They might end up facing OWI charges when they were actually sober or well below the 0.080% limit for their blood alcohol concentration (BAC).
Treatments that affect test accuracy
There are a number of different medical treatment options that could make it appear as though a driver were under the influence when they actually were not. For example, patients following weight loss diets, such as the keto or paleo diet, could have acetone on their breath due to their bodies metabolizing fat. They could have a false positive result during breath testing. Other times, medications that people take could affect test accuracy. Common asthma inhalers, for example, can cause false positives on a breath test. Medical records validating the medication that a person takes or the specialty diet that their physician recommended could raise a reasonable doubt about whether they were actually under the influence when they failed a chemical test. Unique medical challenges can provide a reasonable explanation for why a person failed testing. Even those who have had nothing to drink could theoretically fail field sobriety tests or chemical breath testing due to their medical challenges. Reviewing the state's evidence can help OWI defendants find weaknesses in the state's case and begin developing a defense strategy. An attorney can potentially present compelling medical evidence at trial, thereby raising a reasonable doubt about whether a driver actually committed an OWI offense.]]>On Behalf of Denise A. Hirschmann P.C.<![CDATA[4 custody mistakes that can hurt your case in Michigan]]>https://www.dhirschmannlaw.com/?p=474902025-10-21T10:10:21Z2025-10-21T10:10:21ZCustody decisions are about more than where a child lives. They shape your child’s daily routine, affect your family’s stability and influence your peace of mind. The process is never easy, but knowing what can hurt your case helps you make confident choices. Here are four common mistakes to avoid.
1. Overlooking what “best interests of the child” means
Michigan judges focus on what is best for the child. They consider stability, emotional bonds, education and each parent’s ability to meet daily needs. Parents sometimes focus more on their own preferences than the child’s needs. Showing that you can cooperate and put your child first often matters more than taking a hard stance.
2. Letting emotions guide your actions
Divorce is emotional, but anger or frustration toward the other parent can cloud judgment. Michigan courts value parents who encourage a positive relationship between the child and both parents. Avoid speaking poorly about the other parent, in private or online. Choosing restraint shows maturity and keeps your child from feeling caught in the middle.
3. Ignoring court orders or parenting schedules
If a custody order exists, follow it closely. Missing visits, denying access or changing plans without approval can hurt your credibility. If the arrangement is not working, ask your attorney about a modification. Courts respect parents who follow the process and act in good faith.
4. Not documenting your role in your child’s life
Active parenting matters. Keep notes about school events, appointments and routines. Simple records, like calendars, report cards or messages, show your level of involvement. This documentation helps prove that you are a dependable, engaged parent.Custody cases are deeply personal. It is normal to feel unsure about the next step. Avoiding these mistakes can help you focus on your child’s well-being and build a stronger foundation for the future.
Taking control of your custody journey
Taking clear, informed steps can protect your rights and support your child during a custody dispute. A compassionate Michigan family law attorney can guide you through the process and ensure your parental role remains protected.]]>On Behalf of Denise A. Hirschmann P.C.<![CDATA[How long does it take to negotiate a divorce settlement?]]>https://www.dhirschmannlaw.com/?p=474882025-07-28T16:04:03Z2025-07-28T16:04:03ZNegotiating a divorce settlement can take anywhere from a few weeks to several months, depending on a wide range of factors. There is no universal timeline, as every marriage is different and so are the circumstances that lead to divorce.
The process typically begins once both spouses agree to divorce (or one spouse files despite the other’s resistance) and start discussing how to divide their property, allocate parenting responsibilities and address financial support. If both parties are cooperative and the issues are relatively straightforward, a settlement might be reached in just a few sessions. However, most cases are not that simple.
When a divorce case is not totally straightforward
The complexity of a couple’s finances can significantly affect the timeline of their divorce negotiations. Divorces involving multiple assets, business interests, investment accounts and/or high-value property often require appraisals, documentation and financial disclosures. It takes time for skilled attorneys and financial professionals to review and interpret all relevant information so a fair agreement can be negotiated.Parenting issues can also slow the process. Deciding on child custody, parenting time schedules and child support arrangements may take longer if parents do not agree on what is in the best interest of their child(ren). Sometimes, one or both spouses are not ready to make decisions right away. Emotional readiness can affect how quickly each party can evaluate settlement options and move forward. Others may delay negotiations intentionally, hoping to gain leverage or because they are not ready to let go.The level of conflict between the spouses can also influence timing. If both parties are open to compromise and approach the process with realistic expectations, negotiations may proceed more smoothly. But if there is distrust, emotional turmoil and/or a desire to “win” rather than work together, the process can drag on and potentially require court intervention.In general, a well-prepared, cooperative divorce settlement may take around three to six months to finalize. More complex or contentious cases can take a year or more. The key is to remain informed, realistic and open to compromise. Ultimately, it is possible to reach a fair settlement without letting the process drag on indefinitely.]]>On Behalf of Denise A. Hirschmann P.C.<![CDATA[3 ways an OWI conviction can impact a career]]>https://www.dhirschmannlaw.com/?p=474862025-05-02T12:52:54Z2025-05-02T12:52:54ZBy making them miss work
People sentenced to incarceration could miss weeks of work. Some employers are flexible when workers miss extended periods of time due to criminal issues. Others are not nearly so lenient. Missing work can result in professionals losing their jobs or noticing a rapid deceleration of their career development. Losing a driver's license could also potentially lead to an employee missing work if they do not have a reliable alternative to get them to their place of work every day on time.
By creating a criminal record
Some employers have strong policies about criminal records. They may screen out individuals with significant criminal convictions when hiring or may consider criminal records when making determinations about who to promote within the company. Even if workers don't tell their employers about their OWI convictions, their records could come to light when they eventually apply for promotions.
By affecting licensing
Many professionals need a license to do their job. Some careers require driving. A first OWI conviction can cost someone their driver's license for up to 180 days or a year if they have exceptionally high blood alcohol levels. Professionals may need to maintain a personal driver's license or a commercial driver's license (CDL). Those with recent OWI convictions are usually at least temporarily ineligible for a CDL. Records of criminal convictions can also affect other kinds of professional licensing. The boards that oversee accountants, medical professionals and others may take disciplinary actions against those convicted while holding a license or may refuse to issue or renew a license to a professional with a conviction.
The decision to fight pending OWI charges can help people protect not just their freedom but also their careers. A successful defense strategy can help professionals maintain their positions and limit the collateral consequences of a recent arrest.]]>On Behalf of Denise A. Hirschmann P.C.<![CDATA[Making changes to a child custody arrangement ]]>https://www.dhirschmannlaw.com/?p=474852025-02-04T22:46:11Z2025-02-04T22:46:11ZWhen parents divorce, a child custody arrangement has to be made. This arrangement can help manage each parent’s expectations and responsibilities when it comes to joint custody since co-parents often share some amount of both physical and legal custody.
Physical custody is the amount of time each parent has with their child. Legal custody is each parent’s right to control how their child is raised, including making important decisions for their child’s education, health and religious background. Over the years, however, many child custody arrangements need to be changed to continue to suit the family's needs and meet the best interests of the child.Parents may need to consider why a custody arrangement needs to be changed. A judge may not grant an altered custody arrangement without evidence that there are significant changes in a parent’s or child’s life. Here are some questions you may ask to determine if it is time for your custody plan to change:
Has your child developed a medical condition or special need?
One of the reasons why parents change their custody arrangement is because of a change in a child’s well-being. Their child may have developed a medical condition, such as cerebral palsy or paralysis, that makes it difficult for them to care for themself. Or, a child may have been diagnosed with a learning disability or other neurological disorder. As a result, one parent may take on more custody time to help ensure their child’s needs are met.
Are you or your co-parent planning to move?
A difficulty many divorced parents face is the distance between them and their co-parent. Many parents have to move after a divorce, which may create some distance between their co-parent. As a result, parents may need to travel long distances to take custody of their child. If a parent is planning on moving, a custody schedule may need to be updated to minimize the amount of traveling. For some parents, this may mean taking on more custody time in a month.
Is your co-parent refusing to follow the custody arrangement?
Some parents are not as willing to follow custody arrangements as others. A parent may not take on physical custody at the scheduled time. They may also neglect their child’s education or medical needs. When this happens, the other parent may need to request an altered custody arrangement and discuss how these issues can be fixed.Parents who need to change their custody arrangement may need to reach out for legal guidance to learn about their options. ]]>On Behalf of Denise A. Hirschmann P.C.<![CDATA[What drivers need to know about field sobriety tests]]>https://www.dhirschmannlaw.com/?p=474792024-10-31T11:14:50Z2024-10-31T11:14:50ZTests are subject to numerous rules
The purpose of field sobriety testing is often to obtain probable cause to arrest a driver for an OWI. The test results can also play an important role in the criminal trial that follows their arrest. Police officers must adhere to certain rules when conducting field sobriety tests.
They should only have drivers perform the three standardized tests acknowledged as relatively scientifically reliable. They also need to perform the test in a location where they can record video footage using their body cameras or dashboard cameras. If police officers don't follow the standards for field sobriety testing, the driver's defense attorney may be able to challenge the accuracy of the test results or the use of the test results in a criminal trial.
Field sobriety testing is optional
Many drivers have heard that they must submit testing in an OWI arrest scenario. State law does require that drivers allow chemical testing after an arrest. Refusal can lead to additional driver's license penalties beyond the consequences of the OWI offense. However, implied consent rules do not apply to field sobriety testing. Drivers have every right to refuse to perform the physical tasks requested by a police officer. Refusing to perform a field sobriety test is not grounds for arrest, nor does it automatically increase the penalties the driver faces.
Motorists who know their rights are in a better position to avoid or properly respond to OWI charges. Field sobriety tests are not always accurate, and drivers are within their rights to decline them during a traffic stop.]]>On Behalf of Denise A. Hirschmann P.C.<![CDATA[Getting your co-parent to pay overdue child support in Michigan]]>https://www.dhirschmannlaw.com/?p=474782024-08-01T11:31:56Z2024-08-01T11:31:56Zmechanisms you can leverage in Michigan to help ensure your co-parent obeys your legally binding child support order.
Michigan’s child support system
The Great Lake State has provisions to help ensure that both parents financially support their children post-divorce. So, even though you and your co-parent now live separately, they have a legal obligation to fulfill their parental responsibilities.
Your co-parent should pay a specific amount in child support each month as stipulated by the divorce decree. This amount can vary depending on:
The number of children you have together
How much time each of you spend with the kids
Both parents’ incomes
Therefore, from the time the court issues your child support order, your co-parent is obliged to send you the stipulated amount for the kids’ upkeep.
Steps to help ensure consistent payments
Suppose your co-parent continually defaults on the monthly payment despite having a formal child support order in place; a trusted legal practitioner can help you file a court order to incentivize your co-parent to make all the payments they missed.
You can also opt for an automatic withdrawal to help ensure you receive the monthly payments you need without having to remind your co-parent about them. The stipulated child support amount will be deducted from their paycheck each month to help ensure compliance.
Suppose you and your co-parent have an amicable relationship, and they’ve only missed a few payments; you might want to give communication a chance. By maintaining open lines of communication, you can prevent misunderstandings or disputes that might lead to missed payments.
Missed child support payments can make meeting kids’ needs after divorce a great challenge. Suppose your ex-spouse is defaulting on monthly payments; you can seek appropriate legal guidance to arrive at a sustainable solution.]]>On Behalf of Denise A. Hirschmann P.C.<![CDATA[Understanding bail in Michigan]]>https://www.dhirschmannlaw.com/?p=474762024-05-08T14:32:30Z2024-05-08T14:32:30ZUnderstanding how bail works can help those who are accused of criminal wrongdoing – and their loved ones – make informed decisions about their rights and options.
At its most basic, bail is a set amount of money that acts as insurance between the court and a defendant. It allows a person accused of a crime to avoid having to spend time in jail while awaiting trial, under the condition that they will return for their court dates. This system aims to balance the presumption of innocence before a verdict while helping to ensure that the accused appears in court as required.
The basics
Bail involves the temporary release of an individual, under specific financial conditions, as they’re navigating the criminal defense process. Types of bail that may be available in Michigan include the following:
Cash bail: The defendant (or a loved one) pays the full amount of bail owed in cash. If the defendant attends all of their required court appearances, the bail amount will be refunded, minus any fees or fines that may be due.
Surety bond: A bail bondsman pays the bail in return for a fee (typically 10% of the bail amount) and guarantees that the defendant will appear at all required court dates.
Personal recognizance: In some cases, particularly for lesser charges or when the defendant poses little risk of flight, the court may release the individual on their own recognizance. This means release without any financial requirement, based solely on the promise to return to court.
Judges consider multiple elements when setting bail, often including the nature of the offense in question, the circumstances surrounding the case, whether the defendant poses a particular danger to the public and whether the defendant is likely a “flight risk.”Navigating bail matters in Michigan can be a complex and consequential process. As such, informed and strategic decisions early in the process can significantly impact a defendant’s situation for the better. This is just one of the reasons why seeking personalized guidance as proactively as possible after an arrest is generally wise. ]]>