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Clarkston Legal

Same Sex Unions Gain Ground in Midwest

In a highly controversial ruling from the Iowa Supreme Court, same sex couples received a green-light for marriage when a state law banning such marriages was determined unconstitutional. In a 63 page decision (the first 6-pages of which listed a series of opposing amicus groups that had legal representation in the briefing of the case), the Iowa Supreme Court held that the state law banning gay marriage violated the Equal Protection clause of the U.S. Constitution by treating same-sex couples differently than other couples without a sufficient government interest justifying the classification.
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Clarkston Legal

Court of Appeals Decides Another Relocation Case

One of the most significant (and often painful) events in divorce proceedings is when a parent seeks a change of domicile; a relocation of the children beyond the 100-miles allowed by the Legislature in the Child Custody Act.
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Clarkston Legal

Outstanding Macomb and Waterford & Clarkston Plea Deals

Over the past six-months, our firm has achieved notable plea agreements with the Prosecutors in Macomb and Oakland Counties in three major felony cases. As a result, our clients were well served, their freedoms were preserved, and their families were very pleased with our results when it really counted.
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Clarkston Legal

Joint Custody Pioneer Dies in California

James Cook of California, hailed by many divorce professionals as the pioneer of modern “joint custody” arrangements, died of natural causes at his home in California.
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Clarkston Legal

The “60-Minute” Divorce for Under $500

A new version of a “New York minute”, or just another sign of the times? A law firm in New York City is offering clients divorce in under an hour, and for less than $500, not including filing fees, courier expenses, and other fine print.
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Clarkston Legal

Student Blogger(s) Wanted to Develop Probate Law Blog

Our firm seeks to add some interest to the important but oft-dry subject of probate law, probate litigation, and estate planning. We are developing this law blog, the electronic probate attorney, to keep our current probate and estate planning clients informed of developments and to attract new clients.
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Clarkston Legal

Violation of Probation on An MIP Conviction Should Not Result in Jailtime

Recent discussions between criminal defense attorneys comparing notes about district court judges in Oakland and Genesse counties have revealed that many of their MIP clients are subjected to jail sentences when they subsequently plead guilty to a violation of probation. The law prohibits any jail sentence for a minor that pleads guilty to possession of alcohol.
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Clarkston Legal

Same-Sex “Parenting Time” to Be Considered in Michigan in The Post-Adoption Context

In an unusual decision by the Michigan Court of Appeals, a lesbian couple who adopted three children in Illinois in 2003, and who are now ending their same-sex relationship, will have the opportunity to present evidence to a family court judge in support of their respective claims for custody and parenting time. The decision is unusual to the extent that the Court of Appeals did not consider the transcript of the arguments made before the lower court because the appellant, representing herself without legal counsel, did not bother to file the transcripts before the appellate court. Michigan does not recognize same-sex marriages nor can a same-sex couple adopt the same child. This case presents a procedural twist where a family court judge will now have to consider the competing claims of each adoptive parent. The following link addresses the case in a recent article published in the Chicago Tribune: http://www.chicagotribune.com/news/chi-ap-mi-gayadoption,0,2545662.story
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