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Questions Answered by Philip G. Vera
2 Answers | Asked in Family Law for Michigan on
Q: Emergency Ex-Parte suspending parent time. Do you have to always notify the other party?

This was done and the party was not notified to be able to respond and there was no just cause for it. Estranged Wife was just mad and did this. Motion for hearing dismissed bt Plaintiff. Husband found out by looking on line at court records as he didn't get his son as he was supposed to. Why... Read more »

Philip G. Vera
Philip G. Vera answered on Apr 21, 2021

An ex parte order is entered without a hearing and used if there's a potential for irreparable harm if an immediate order is not entered. However you must receive notice of the ex parte order and a proof of service must be entered with the court in order for it to be enforceable. You would... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My wife cheated on me and got pregnant, I’m sterile so I know it’s not mine. What are my legal responsibilities?
Philip G. Vera
Philip G. Vera answered on Jan 10, 2018

There is an automatic presumption that a child conceived during a marriage is that of the husband. That is the case regardless of any medical determination as to whether you are capable of conceiving the child or not. Should you desire to disavow the child, a DNA test would need to happen and a... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Is filing an uncontested divorce different than a contested divorce?

Trying to file without an attorney. Will I need a settlement agreement. Do I have to deal with friend of the court if it's uncontested and already agreed upon between spouses?

Philip G. Vera
Philip G. Vera answered on Jan 10, 2018

The term uncontested divorce relates to whether the defendant in the case will take action to fight against the plaintiff's requests (found in their complaint) or will they just "lay down their arms" for lack of a better term. A settlement agreement is not binding but is useful for... Read more »

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