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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Question about jurisdiction? Court took all rights away from defendant,in sale of home gave all control to plaintiff,

It says court Does not retain jurisdiction over negotiations between the parties through counsel..

This where it was defendant's family home for 50 years, plaintiff did not want the house. During divorce trial they stated she did not want it, this was all defendant ask for. Court... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2022

What you are seeing in writing would be in the the judgment of divorce. In a divorce, the court does have jurisdiction over the marital assets. When the parties don't agree, it's the court's job to make an order. And the court retains jurisdiction to enforce that order.

1 Answer | Asked in Divorce for Michigan on
Q: I am on SSI. Married for 5 years, divorced in '92. Wife was awarded half my pension. She does not wish to collect it.

Is there a form she can sign off on?

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2022

Was there a QDRO done?

1 Answer | Asked in Divorce for Michigan on
Q: In a state of Michigan divorce can I get a portion of my wifes 401k which has approx. doubled since we first married?

We have been married 9 years. The value of the 401k has gone from approx. 23k to 46k. If it weren't for our equal sharing of bills she never would have been contributing as much to get it to the current amount. She has always made slightly more income wise than me over the entirety of our marriage

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Yes, you may be entitled to an equitable share of her retirement account. Of course, your accounts would be subject to division as well.

1 Answer | Asked in Divorce for Michigan on
Q: My wife has filed for divorce in June in Michigan and she told me about. But till now I still didn't receive any paper?

What's my next move now, is it to wait for the court paper? or what should I do ?

Brent T. Geers
Brent T. Geers
answered on Aug 2, 2022

It's up to the plaintiff - your wife in this situation - to serve you the paperwork in order to continue the process; that must be done within three months of filing with the court, otherwise the court could dismiss the case for lack of service, and she would have to file anew.

Have...
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1 Answer | Asked in Child Custody, Divorce and Social Security for Michigan on
Q: Who gets kids part of one spouses SSD, if getting divorced?

Husband suffered from mental health, can not drive, severe memory loss.

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

Most often, it would be to the parent with primary custody / recipient of child support, in lieu of a calculated support amount.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can I marry myself? (I am 17) This is not becuse I am sologamy it is only so I am automatically emacipated.
Brent T. Geers
Brent T. Geers
answered on Jul 31, 2022

Nice try, but no. You would need the permission of at least one of your parents to marry anyway. And marriage is between TWO people.

What are your parents not allowing you to do that you think you can and want to do when you turn 18 in less than a year?

2 Answers | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I've hidden 98% of my assets in crypto. Can this be found in a custody case?
Brent T. Geers
Brent T. Geers
answered on Jul 29, 2022

Can they be found? I'm no expert in crypto so I don't know. The opposing party's attorney, through appropriate discovery demands, could establish that you have or should have a certain dollar amount in assets, whether they are in crypto or not.

Larger question is what would...
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2 Answers | Asked in Divorce for Michigan on
Q: One of my friend’s ex husband’s wrote a fake review under her name the review was to their divorce lawyers agency now

Now the agency is trying to sue her. Is there a way she can ask her lawyer to contact police to pull the IP address of the account making the fake review or how should she go about this

Brent T. Geers
Brent T. Geers
answered on Jul 28, 2022

The police are not the right answer. She could conceivably subpoena the review website for that information and go from there.

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1 Answer | Asked in Divorce for Michigan on
Q: I married my husband in Florida & reside in Michigan, married 1 year, divorcing, am I entitled to his pension
Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

Perhaps some (small) portion of it, yes. The divorce process divides the marital estate: the assets and liabilities incurred during the marriage - which is generally from the date you were legally married. The longer you are married, the more there is to divide of course.

1 Answer | Asked in Divorce for Michigan on
Q: Divorce case was dismissed due to not filing default. Is there a motion that can be filed to reopen. Ex sent answer late

I filed for a divorce. The case was dismissed because I didn't file a default against my spouse. I submitted the default form but I didn't submit the supporting documents because my spouse submitted a response, though not within the 1st 21 days. Is there a form that can be filed to reopen... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 13, 2022

Would your ex agree to re-open and complete the process? There is a court rule that provides a mechanism to do this, but it requires adherence to strict time deadlines. Courts follow those timelines closely, and when your time's up, your time's up. The alternative is of course to re-file... Read more »

1 Answer | Asked in Divorce and Immigration Law for Michigan on
Q: Can divorce from US citizen affect my immigration status as green card holder, my wife wants divorce and threaten me

hi, I'm a permanent resident with 10-year green card through married to US citizen. We are married for 6 years and have 4-year-old daughter. My wife now wants divorce and threaten me to file against me to USCIS to revoke my green card is that possible? can she do anything to affect my... Read more »

Yohan Zingile
Yohan Zingile
answered on Jul 8, 2022

If you entered your marriage in good faith and not for the purpose of getting immigration benefit (which USCIS assesses before granting you the green card), your green card card is legitimate. Any threats with purpose of having you being removed is not founded. In addition, by filing a petition on... Read more »

3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Michigan on
Q: What happens to a revocable land trust when is terminates/expires?

I am a co-trustee on a revocable land trust originally designed to generate cash for our children's education. Neither child needed it for that purpose. Our divorce agreement states it will terminate upon our youngest turning 30. It does not specify what happens at termination. I am not aware... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 30, 2022

We would need to see the trust agreement to determine whether the property reverts to the grantor(s), or whether title vests in the beneficiaries. If the trust is still revocable (because the grantor(s) are alive, the grantors could revoke the trust and own the property as they choose. There is... Read more »

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1 Answer | Asked in Divorce for Michigan on
Q: How long do I have to hold my soon to be ex wifes stuff at my mom's house in michigan, she chose to leave and moved out

Been 3 weeks and she has been told multiple times

Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

Is the divorce finalized? If not, this issue needs to be addressed in court.

1 Answer | Asked in Divorce for Michigan on
Q: During our marriage this home was foreclosed on and listed on the market an investment group bought the balance from the

Bank then offered a new mortgage low rate and payments for 40 years sign and stay in the home or move out .we of course stayed that was a number of years ago

My question is the home now considered " communal" property ?

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2022

Not sure what you mean by "communal" property, but it certainly is an asset and debt of the marriage for divorce purposes.

1 Answer | Asked in Divorce for Michigan on
Q: Ex-wife received alimony after remarriage without disclosing and has a vehicle she can't afford.

My boyfriend's ex-wife was receiving alimony which was to cease after remarriage. She got married in April and did not tell my boyfriend so she collect a month's of alimony falsely. Because he immediately stopped paying alimony, she didn't pay the car note, that he is a co-signer on,... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 7, 2022

Possibly yes to both parts. File a motion regarding the overpayment and file a motion regarding the car.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Divorce for Michigan on
Q: There is a typo in my divorce final judgment. It read the defendent shell pay the defendent a sum
Brent T. Geers
Brent T. Geers
answered on May 19, 2022

If you had an attorney, you should go back to them to see how best to address it. It would of course be up to either party to ask the court to enforce any of the provisions, and until that time, it may not be much of an issue. Still, if it's in error, it should be corrected. And sometimes it... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Hello, does the judge have access to my medical records to confirm my miscarriage in a divorce ?

My divorce is on hold due to pregnancy now confirm that we have miscarried it has been rescheduled, I want to be prepared, do I have to bring paperwork for my miscarriage or does the judge have access to this?

Brent T. Geers
Brent T. Geers
answered on May 18, 2022

A judge does not have independent access to anything, nor will they research or confirm evidence not presented. I would assume it's indisputable (meaning that your ex isn't going to say you're lying about this)?

1 Answer | Asked in Divorce for Michigan on
Q: How do I see what the MCL 700.281- 700.292 are

I'm trying to file for d and I have no money to hire an attorney and I have no idea what I am doing

Brent T. Geers
Brent T. Geers
answered on May 18, 2022

Most county courthouses have some form of a legal assistance center that can provide you all the forms your need and generally explain how to complete the process. Go there. I can tell you if you are looking to file a divorce and looking into MCL 700.281, you are way off the mark.

1 Answer | Asked in Divorce for Michigan on
Q: Regarding abuse of discretion

This is what the judge said to my ex-wife at the ruling of the division of property, "don't worry you'll come out on top, he'll die before you, he's in bad health and smokes" after I was not allowed my witnesses because my ex-wife said one of them talk to his wife on... Read more »

Brent T. Geers
Brent T. Geers
answered on May 9, 2022

It's impossible to say without reviewing the complete transcript to determine context. Also, without know what the judgment of divorce says, it's impossible to tell if the judge abused his or her discretion.

In most divorce situations, the parties walk away with approximately...
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