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Michigan Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Should I file motion for custody or parenting time? What should my briefing show?

My ex falsely accused me of DV the night I escaped. I kept silent and plead guilty because he continued threatening me and because the only witness that could verify was my daughter. I couldnt put her through that. A few months later during divorce, he got sole custody. Ten months ago, he was... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 8, 2021

File for custody.

1 Answer | Asked in Divorce for Michigan on
Q: I am filing online for a do-it-yourself divorce. I do not have an address for him. What do I do?

He has not lived here for months, I know hes living with his girlfriend and I know about what city it is but I dont know an address. I have been told I cannot file without one and I'm not sure what to do.

Brent T. Geers
Brent T. Geers answered on Aug 26, 2021

Best thing to do is look into hiring a process server in the city you believe he's in, and have them run a skip-trace on him. Then with a good "last known address", file the paperwork you have. You may also want to engage that same process server to serve him the summons and... Read more »

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I was picking up my sister for my dad and my mom called the cops on me for trespassing.

I have kind of a complicated situation. My dad asked me to pick up my sister for him from my mom's house. My mom is not a fan of me or my dad. Her and her husband came out and started screaming at me that I was not welcome and to get off their driveway while leaning into my car. I asked if I... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

Likely, they were blowing smoke. But in the future, you need to tell your dad that unless he is able to get an agreement or a court order authorizing you to pick up your sister from mom for parenting time, he needs to do it. Obviously it's a volatile situation, and you shouldn't be placed... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: I've had my son living with me fir 4 months now and i want custody she has no job no home no way yo take care of him
Brent T. Geers
Brent T. Geers answered on Jul 22, 2021

You should file a motion for a change of custody.

1 Answer | Asked in Divorce for Michigan on
Q: My husband and I bought a home and I am not on the loan... but I was added on the quit claim deed.

If we were to divorce am I entitled to any of the revenue from the sale of the home? I live in Michigan.

Brent T. Geers
Brent T. Geers answered on Jul 22, 2021

Absolutely. First, having your name on the deed is what really matters regarding ownership. Second, marital property includes assets either spouse contributes to - it's likely some of your income, works, and efforts contribute to the house.

1 Answer | Asked in Criminal Law and Divorce for Michigan on
Q: Is it legal to record a phone conversation with only one person's consent, in Michigan?

I live in Michigan, other party is in Texas. Would it be legal for me to record the phone conversation, without the other parties consent?

Steve Reina
Steve Reina answered on Jul 15, 2021

Michigan prohibits the recording and disclosure of any private conversations, whether in person or over the phone, without the consent of all parties, by someone who is not a party to the conversation. Courts disagree whether participants to the conversation may record without permission of the... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: I'm looking for way to file for divorce with out a lawyer from my wife. We don't have kids together nor any assets.

She drinks heavily and recently threatened to kill me and pull a knife on me. I had to call the police on her and she was taken away to jail. She was charged with felonious assault.

Brent T. Geers
Brent T. Geers answered on Jul 1, 2021

You can go to your county's courthouse and they may have a legal assistance center or otherwise have available the documents you need to start the process. You don't need a reason - Michigan is a no-fault divorce state.

1 Answer | Asked in Divorce for Michigan on
Q: My husband filed for divorce in Michigan.

His complaint states that he has resided in the state for a period over 180 days immediately preceding the action. That is not true. He was living in California and Arizona. Does this void the divorce paperwork? He's trying to get the divorce to be final before September because I would be... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 24, 2021

That's a jurisdiction claim that if true would mean that a Michigan court cannot proceed with this case. You would need to raise this as part of your answer.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can two first cousins marry in Michigan?

I have a case where 2 first cousins faked a wedding, represented themselves as husband and wife, this also included to CPS and the family court in Michigan. Years later they obtained a marriage license from Virginia and now are promoting that no laws were violated since they did not legally marry... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

Not sure what you're looking for. Marriage is a civil matter; if the marriage is invalid under Michigan law - which you are right, marriage between first cousins would be - then it would be voidable, not illegal in the criminal sense. And generally, Michigan will recognize a marriage made in... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Should I hire attorney? married 28 years did not participate in divorce process at all. Final 2020(?) Need support!!!

The case is complex; but he did some terrible things prior to filing for divorce which made it impossible for me to hire an attorney; very very long story short -I had a mental breakdown after being served and spent some time at Pine Rest completely unable to participate! He got a default judgment.... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 12, 2021

It's possible, but you have a steep hill to climb, and should absolutely engage an attorney. Your first obstacle would be to set aside the default judgment. Specific rules and criteria apply, as judgments are meant to be final. Not only would you need to convince the court that you had an... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: If a wife's motion for divorce is denied or dismissed and she never attempted anything further til 3 months later

After being notified of dismissal. Can I then file for the divorce

Brent T. Geers
Brent T. Geers answered on May 24, 2021

Likely, yes. If there is no pending case (e.g. it's been dismissed for lack of progress), you may file.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: Can I report a tribal judge for not ruling according to their own laws?

Tribal judge has followed laws to rule favorable for native individual in family court, but when the EXACT (and I mean EXACT) situation was reversed and would have been ruled to favor a white person, completely ignored and ruled the other way. Did not follow tribal code for what things to take into... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2021

You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: How does the court determine who gets custody of a kid durning a divorce?
Brent T. Geers
Brent T. Geers answered on May 5, 2021

There are 12 "best interest" factors the court uses to determine custody.

1 Answer | Asked in Divorce for Michigan on
Q: Getting divorced. Husbands truck is in my name. He says he'll pay it. I can't afford it. What can I do legally with that
Brent T. Geers
Brent T. Geers answered on Apr 22, 2021

Your best - and only - bet is to settle the issue through the judgment of divorce. If he says he can pay it, then you could transfer ownership over to him. Otherwise, you two can agree to sell it and split the proceeds.

1 Answer | Asked in Divorce for Michigan on
Q: I have filed for divorce (no property, no children) through the mifile system. I now need to request a hearing for the

final decree. I need the form Request for Hearing and cannot find the form. Can you help?

Michael Zamzow
Michael Zamzow answered on Apr 21, 2021

With out an attorney to motion and coordinate scheduling with the judge, you might need to call the court clerk to get a hearing.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Michigan on
Q: Is it legal to record domestic assault and abuse against me?

I have video proof of my spouse physically assaulting me (burning and poking me with a red hot metallic chopstick) while continuously accusing me of *multiple* affairs. Now I moved out and filed for a divorce. Can these videos be used as evidence in court?

Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

Possibly. But Michigan is a no-fault state: all either person needs to say is that there's been a breakdown of the marital relationship. If you were to pursue a civil lawsuit for abuse, those videos may be more necessary. But the best evidence, of course, would be a criminal conviction.

1 Answer | Asked in Divorce for Michigan on
Q: Someone posted false information about me including a fake divorce on google
Brent T. Geers
Brent T. Geers answered on Mar 17, 2021

What is your question? A lot what depend on who posted it (and if you know), where this information is posted, and what damages it caused you.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Do i need to continue paying child support if my Ex and i live together in the same home?
Brent T. Geers
Brent T. Geers answered on Mar 11, 2021

You can probably amend the order to reflect your living situation, especially with consent and if public assistance isn't involved. At the very least, it should reflect equal parenting time. Should you continue to pay some child support through the FOC is a different question. Having seen many... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: If my husband to get the QDRO for 1/2 my retirement (2014 divorce), do I need to remind him?

2014 J.o.D. awarded husband 1/2 my 403(b) account and 1/2 pension. I'm planning to retire next year but am I responsible for getting the QDRO. J.O.D. says that he is responsible for all costs. If he fails to do the QDRO/EDRO by a certain time, do I get to keep my full retirement?

Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

This type of question is unlikely to get any specific response, there is just not enough information.

You'll want to contact a family law attorney, or general litigator to discuss some of the risks arising from what you're describing.

1 Answer | Asked in Divorce for Michigan on
Q: if you didn't legally change your last name but use your spouse last name to get a divorce, Are you still divorce?
Michael Zamzow
Michael Zamzow answered on Feb 26, 2021

If you changed your name when you were married, then obtain a judgment of divorce without changing your name to something else, you are still divorced.

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