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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I just found out a CNA/RN at my kid’s pediatrician office is having an affair with my husband. What to do?

We’re in the process of divorce because he was caught cheating. She’s been around my children because she recognized them at their appointment, which made her realize who I was. My children didn’t recognize her so they didn’t tell me who she was (they’re only 5 and 6 y/o). We’re not... View More

Brent T. Geers
Brent T. Geers
answered on Jun 26, 2023

Short of complaining to the pediatrician about the RN - which there may be some ethical violations related to her licensing, and certainly bad business in any regard, but I don't think there's anything else you can do about her. The wrongdoing here is obviously with your husband, and with... View More

1 Answer | Asked in Native American Law, Divorce and Family Law for Michigan on
Q: Does MI 100 mile law apply to native primary parent needing to move to reservation to afford stable life

Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the... View More

Brent T. Geers
Brent T. Geers
answered on Jun 25, 2023

Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes... View More

1 Answer | Asked in Divorce and Collections for Michigan on
Q: My fiance (from michigan) was served papers in the mail by collectors saying he hasn't been paying back a loan

So what we have discovered is his ex-wife (divorced in 2018) took out a loan of $30,000 in his name and got him to sign the papers. She just told him to sign the papers. He didn't check what he was signing (I've told him how stupid he is) and she co-signed the loan. However, she... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2023

First, make sure the papers are not ignored (obviously you are not ignoring them as you posted this question). Make sure a proper response is served and filed with the court in the time required.

Although he may be responsible for the debt, he has a counter-claim against the ex for the...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: what kind of lawyer would be best able to find and request custody documents from a divorce done back in the 1980s?

My father passed recently and I've come to find that he's not listed on my birth certificate. I need to prove my status as next of kin. I have gone through all Vital Records and public records for the courts (county and probate), for the county I was born in and the county I lived in and... View More

Brent T. Geers
Brent T. Geers
answered on May 11, 2023

You don't necessarily need a lawyer for this, but where you'll probably want to look is the circuit court in the county your parents were divorced in. Ask for a copy of the "judgement of divorce".

Not to be funny or imply anything untoward, but I've seen it happen...
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1 Answer | Asked in Copyright, Intellectual Property, Divorce and Family Law for Michigan on
Q: Are food recipes considered a marital asset if used in a business.

I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... View More

James L. Arrasmith
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answered on May 2, 2023

In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: How can a judge make you pay half for a item that you don't own to the other party in a divorce? Other party has noproof

Other party has lied so many times and switching her story. That now I have to pay for things I don't have any the judge is giving me 45 days. It is not a little bit of money it's over $40,000. I don't even have that much.

Brent T. Geers
Brent T. Geers
answered on May 1, 2023

Divorce is a civil action heard in courts of equity. To oversimplify things: a divorce is intended to equitably divide a couple's assets and debts. It is common, for example, for one party to pay the other party his or her share of a home's equity that they are keeping.

As to...
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1 Answer | Asked in Divorce, Family Law and Tax Law for Michigan on
Q: What can i do?

I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right,... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:

Talk to your ex-spouse: Start by...
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1 Answer | Asked in Divorce, Immigration Law, Child Custody and Child Support for Michigan on
Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he’s

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT?... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about the difficult situation you are facing. To answer your questions:

Generally, a parent cannot take a child out of the country without the other parent's permission, especially if there is a custody agreement in place. If your husband takes your son to India...
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1 Answer | Asked in Immigration Law, Divorce, Child Custody and Child Support for Michigan on
Q: Hi, I’ve been married to my Indian husband green card holderfor 4years we have a 2 year old son together, recently

He’s Been threatening to take my son to India for his family can raise him,I now think he used me for a green card can he get deported if we divorce??my question is Is this possible for him to steal my son without my permission? 2nd question is If i divorce him will he have to give me spousal... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about the difficulties you're facing. To answer your first question, if both parents have legal custody of a child, it is generally not permissible for one parent to take the child out of the country without the other parent's permission. If your husband were to... View More

1 Answer | Asked in Divorce for Michigan on
Q: Hello! A family member who is serving time in a Michigan prison just got his divorce finalized and his settlement

is through a Quadro order. Based on the fact that the funds are coming to him from his spouse's retirement account, does he have to pay taxes on his end?

Brent T. Geers
Brent T. Geers
answered on Feb 14, 2023

He would not, assuming his settlement goes into another qualified account. If he takes all or a portion, or receives payments, those could be subject to tax 9and a potential 10% penalty unless he is otherwise eligible to withdraw.

More concerning for someone in prison: The attorney general...
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1 Answer | Asked in Divorce for Michigan on
Q: I live in Michigan and my divorce was finalized December 15th. I was awarded all property, does that include firearms?

I was awarded all property in my possession and that includes his 2 firearms, which were obtained during the marriage. He is asking for them, but shouldn't they be included in the property settlement? He was supposed to sign over ownership of property in my possession within 30 days as well.

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2023

Without looking at the judgment of divorce, I'd say you're in the pole position on this issue. Question though should be whether it's worth your time, effort, and possibly money, should he file a motion over items you apparently know he wants.

If you have no personal...
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1 Answer | Asked in Health Care Law and Divorce for Michigan on
Q: My husband tried to commit suicided, was taken to hospital and transferred to a inpatient mental intuition.

He was there not at will for a week, he got out, mental unstable and went and filed for divorce 7 days after getting out of intuition , he told the attorney he had just gotten out of mental intuition and was diagnosed with depression, anxiety and manic bipolar. he told the attorney this, the... View More

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

Hard to say with what you present. Attorneys are not doctors or mental health professionals; I can only assume your husband presented "normally", and even stating all his mental health issues would not alone require an attorney to decline representation.

At this juncture, you...
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1 Answer | Asked in Divorce for Michigan on
Q: my father just recently divorced and we've owned our property for 30+yrs, prior to his recent divorce&she lied& said

she paid taxes& the judge believed her lies with no proof of paying anything, which she never did& the judge gave her our property. And also my name is also on the property, its in mine and my fathers name, how can a judge give away something that my name is on also?? is that legal, how... View More

Brent T. Geers
Brent T. Geers
answered on Jan 5, 2023

A couple things: you recognize that the property is also your father's? When you own stuff with another person as joint tenants, the entirety of the property can stand for the debt of either tenant. This is a big reason why most lawyers and financial professionals advise people not to jointly... View More

1 Answer | Asked in Divorce for Michigan on
Q: So I got my divorce finalized and in the signed agreement it did not say that she was going to get the two cats

She claims to have paperwork for the cats, I've been taking care of them for over 2 years

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2022

Did it say anything about the cats? Animals are considered personal property so you'd want to rely on what the judgment of divorce says about that. If nothing is mentioned, you need to decide whether this is worth the fight or not.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Other than the summons and complaint which papers do I serve my ex. Very overwhelmed
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2024

See if your county or courthouse has a legal assistance center that can advise you on this. In many places, a packet of papers are available complete with instructions.

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Can a parent get custody if they don't have a job or a drivers license?

My husband is saying he is keeping the kids and getting full custody of our kids because I don't work and don't have a drivers license. I do everything for our kids, and all the housework. He also says he isn't paying child support because he already pays child support for his other... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

That's not how child custody works. If it were, a lot of people would not have custody. The court determines custody based on the best interest of the child factors.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a question about removing a non biological father from the birth certificate in Michigan

Me and my girlfriend at the time were both at the end of getting divorced? Before the divorce was finalized my girlfriend ending up getting pregnant and delivering our daughter. Since she was still married to another man legally his name was put on the birth certificate. He lives in Texas and... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2024

You will likely need to file a motion in the family court with jurisdiction here in Michigan. Preferably, you can have the non-biological father stipulate to the set of facts.

1 Answer | Asked in Divorce for Michigan on
Q: If wife is keeping the house during a divorce, would judge require me to keep my name on the mortgage for 1-2 years?

4 minor kids involved. Her lawyer says my name would have to stay on the mortgage for at least one year even tho I’m leaving and she keeps house. This doesn’t sound correct at all

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

Hard to say without a lot more information. Do you have a lawyer? You should ask him or her; there are very few "yes/no", "right/wrong" answers in family law.

1 Answer | Asked in Divorce for Michigan on
Q: I live in Michigan. I'm going to be gone through divorce and once we split up our finances am I able to buy a different

House for me and my son without my soon to be ex-husband having any legal rights to it

Brent T. Geers
Brent T. Geers
answered on Nov 15, 2023

Yes, you would once the divorce is finalized.

1 Answer | Asked in Arbitration / Mediation Law, Divorce, Legal Malpractice and Libel & Slander for Michigan on
Q: Can I sue my divorce lawyer for deformation? She reached out to opposing consule and threatened I was going to call CPS.

I reached out to my lawyer to ask her advise and I specifically said no I could never call cps on him. I had no clue she then turned around and threatened his lawyer that I was prepared to call cps on him. I had no idea of this till after my divorce was over. This lead to a spiral of events during... View More

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2023

Unlikely. If you found out only after the divorce was finalized, how would you 1) prove she in fact did this, and 2) it caused you some damage, considering as part of the settlement, you made a record that you were satisfied to a certain extent with the outcome.

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