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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Michigan on
Q: My ex was arrested for Assault(x3) and domestic violence, wreckless driving. I need to keep the kids from her?

Domestic was on her new boyfriend, his ex and his parents.

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

0 Answers | Asked in Divorce for Michigan on
Q: Will I still be able to claim my husband's Chrysler pension after 17 1/2 years of marriage if I decide to divorce him?

Marriage communication has totally broken down. He is engaged in an extra marital affair and gambles nonstop with most of his money.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can my son's father make me drive hundreds of miles or even out of state for his sport event?

So my order states that I have take my son to his sport event this was made when my son had jujutsu and was a 20 mins drive so my son's father now put him in wrestling a new sport which I was fine with his father went to send me the schedule and I stated to him that I had no problem getting... View More

James W. Kraayeveld
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James W. Kraayeveld
answered on Nov 21, 2024

Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More

2 Answers | Asked in Divorce and Family Law for Michigan on
Q: I’m looking for a motion to modify divorce decree, but not pertaining to child support, custody, or parenting time

I need to file a motion to amend my divorce decree post finalization. I’m in seek of the proper form needed to file this motion. Thank you.

James W. Kraayeveld
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James W. Kraayeveld
answered on Nov 21, 2024

Most court's have a physical legal assistance center that you can visit or you can always visit the Michigan online assistance center: https://legalassistancecenter.org/

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1 Answer | Asked in Divorce for Michigan on
Q: Woman on Social security needs divorce. He kicked her out 1.5 years ago. She can’t afford lawyer. Can’t get medicaid

No kids. No shared property. He won’t cooperate with any of her Medicaid forms. She needs Medicaid nursing home level of care.

Brent T. Geers
Brent T. Geers
answered on Oct 31, 2024

Contact the legal aid office in the county she is located in. They can help her file the necessary paperwork, and she almost assuredly qualifies.

1 Answer | Asked in Divorce for Michigan on
Q: Can my ex wife come after my estate for continued alimony

This pertains to my estate after I .

Brent T. Geers
Brent T. Geers
answered on Sep 6, 2024

Depends on how the judgment is written.

1 Answer | Asked in Divorce for Michigan on
Q: Divorce does normal divorce papers mean I have to leave my home

I was served divorce papers the server told me I had 2 hrs to pack and leave the house if I came back a PPO wld be served do I have to leave the house just normal divorce papers was served.. I don't see anything stating a time period for me to leave, there is not form stating I must leave.

Brent T. Geers
Brent T. Geers
answered on Aug 27, 2024

Ordinarily, no. But best check with an attorney now that you've been served.

1 Answer | Asked in Divorce for Michigan on
Q: What if my car is in my spouses name

I am in the process of filing for divorce. The car I drive and pay for is in his name. Should I try to sell it back to dealer, or leave him with the responsibility And buy a new one, or wait until the car situation comes up in the proceedings?

Brent T. Geers
Brent T. Geers
answered on Aug 14, 2024

If divorce proceedings have started, it's generally unwise to do anything with assets or property at this point until determined by agreement or the court.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex-spouse is 3 months in arrears in payments per our divorce decree. His lawyer has quit. How do I get my money?
Brent T. Geers
Brent T. Geers
answered on Aug 8, 2024

Is this for spousal support? Are payments to be made through the friend of the court? If so, you need to contact them for enforcement procedures. If not, you can file a motion with the family court to enforce the judgment. His attorney would have nothing to do with it as its standard for the... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex wife and I got a storage unit together before our divorce, but it was only put in her name. Can I get my stuff?

My ex wife and I got a storage unit together before our divorce, but it was only put in her name. After our divorce she never allowed me access to it to get my belongings. Now she is selling my items. The things in the storage unit were not listed in the divorce. Is there any recourse for me to get... View More

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

You are in a tough spot. Why didn't this come up during the pendency of the divorce? Presumptively, you signed or agreed as part of a hearing that everything was included and settled. As a legal matter, any remedy would be an uphill battle for you to establish. The old adage "possession... View More

1 Answer | Asked in Criminal Law, Divorce and Child Support for Michigan on
Q: Can a father take back a phone and watch that were Christmas gifts or file a stole property report?

What are the laws in Michigan about receiving gifts, then asking for it back and being threatened to file a police report that’s it’s stolen property? The kid is 18 and the father is enraged that I filed for a support review for my 14 year (it’s been 10 years since the last order, oldest... View More

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

Generally, once a gift is given, it's the receiver's property. Unless the father has some evidence these items were stolen, he's risking filing a false police report - which is a crime itself - once the police investigate and find he actually gave those items and now just wants them back.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Men who own property before marriage, does it automatically become joint property if he should divorce?

Long story short, my brother owns a farm with a house on one side of the street and another house, he built, on the other side. He owned both before he married. He wants and needs a divorce. He is selling the big house and moving into the little house with the farm because she has financially... View More

Brent T. Geers
Brent T. Geers
answered on Jun 10, 2024

I think he needs to think through this from the standpoint that the properties are likely part of the marital estate that would be divided through divorce. There are exceptions to that, but then he needs to consider whether 1) those exceptions apply, and 2) whether it's worth the cost to... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Sold house during a divorce. Locks have been changed so I can’t access inside. Can I gain entry by any means?

Technically is the house still ours until move out date? And can I get into the house by any means to get my stuff out of house?

Brent T. Geers
Brent T. Geers
answered on May 30, 2024

Are you selling the house through realtors? You should be in contact with your realtor. Ordinarily, yes, you would have access to the house until a date determined in the purchase agreement or at closing. But you cannot use "any means". Further, it will depend on what your court orders... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: What are implications for child support/custody? I am from Ontario and the mother is from Michigan?

Does it matter where the child is born? We live together in Michigan currently.

Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

It matters greatly and particularly where the child lives as that establishes jurisdiction. It sounds like that would be Michigan for you, which means Michigan courts and law will apply.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My question is about alimony and a divorce married 22 years

I've been married 22 years I have been disabled 4 years prior to being sent away with our son and a house that we shared that he didn't want and I have been paying for all the things that have been going wrong with the house and I only make $966 a month so I'm just wondering if I am... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024

I understand you are going through a difficult time and have concerns about alimony and your financial situation after a long-term marriage. While I can provide some general information, please note that laws vary by state and individual circumstances are unique, so it's always best to consult... View More

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Michigan on
Q: After a 23 year relationship/ engagement. Not married. I'm I intitled to file for sweat equity if we separate? Thanks mi

She says everything we paid for that's in her name she will take because we're not married but ingauged for 23 years

Brent T. Geers
Brent T. Geers
answered on May 16, 2024

Unfortunately, there is no such thing as sweat equity here. Being engaged is not a legal status. What's her's is her's and what's your's is your's.

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Do i have any legal rights in this situation?

I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 14, 2024

In GENERAL a verbal contract is worth the paper it is written on.

In the case of real estate however, there is an actual rule called the "statute of frauds" that says 'if it isn't in writing it is not enforceable. So -- your assumption was it was 'joint'...
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1 Answer | Asked in Divorce and Landlord - Tenant for Michigan on
Q: Is it legal for an apartment complex to tell my husband I am renting from them?

My husband and I live in Michigan and are considering divorce. I went to an apartment complex to sign a lease for a new place. His cousin works there and saw me. He called my husband later that day to tell him I signed a lease. I have yet to talk to my husband to share this news yet. I’m... View More

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2024

It's not illegal. Whether the apartment complex has an internal policy about their employees (e.g. the cousin) disclosing information is a separate question that you can address with the apartment complex.

1 Answer | Asked in Divorce for Michigan on
Q: Can we stop a divorce before the judge signs the final copy?.

The agreement was turned into the court. I called the court and asked the court if we can stop the judge from signing it as both of us want to reconcile our marriage. I did it without letting my lawyer know. I know not a smart decision, now my lawyer is calling me about it. I'm freaking out.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

Not wise, for sure, to call the court without your lawyer. Your lawyer ostensibly wants what you want; did you think he or she would be mad that you want to reconcile? It makes absolutely no difference to him or her.

If the judgment has not been signed, your lawyer - working with the other...
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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.

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