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 
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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
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?
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... View More
She told him she's just gonna sell it he really wants it but thinks he can't afford it alone an she can't afford it either can he stop her from keeping it just to sell it
answered on Feb 13, 2023
If they are getting divorced, and neither can afford the house on their own, I think the logical conclusion would be to sell the house and split the proceeds.
I want to ask for a temporary order to have legal custody until the divorce is finalized. What do I have to attach to the document?
answered on Feb 2, 2023
Download a copy of MC 416 from the State Court Administrator's Office website. That will tell you all the information you need to submit.
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.
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... View More
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
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... View More
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
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
my divorce be null and void since I was forced to comply with the divorce decree under duress? My Lawyer was known for making motions. He filed only 1 in my case and he wasn't even present for it. I was so poorly represented and my lawyer was doing nothing to help me, even though I sent... View More
answered on Dec 23, 2022
No, it will not nullify your divorce. Was it a consent judgment or did you go to trial?
As an aside, being "known for making motions" isn't necessarily a hallmark of quality lawyering.
She claims to have paperwork for the cats, I've been taking care of them for over 2 years
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.
, if one party is beneficiary of a life insurance policy or annuity on the life of the other party, the beneficiary shall now be the estate of the insured party. The insured party is responsible for notifying the insurance co. of this order. This order shall not prevent or affect beneficiary... View More
answered on Nov 29, 2022
No. It's standard language. He can, and should, change his beneficiary designations, as should you.
The custody order does not specify who is responsible for pick up or drop off. She refuses to be helpful for pick up or drop off. If I pick up my son, and state that she is able to come pick him up whenever she can, is that illegal if she has majority? I am not telling her she cant access him I am... View More
answered on Nov 5, 2022
You will need to address the issue with the Maryland court if there is no agreement on the issue.
Need this done ASAP. Married May 2022. Never lived together. Do not have children together nor any assets together. Just want paperwork filled out properly and as fast as possible to get annulment finalized.
answered on Oct 13, 2022
There's a 60-day waiting period for this to be finalized anyway. Best advice would be to contact a local family law attorney who is familiar with how your court and the judges do things.
Paperwork into the court because he still wanted to be married. Now he is being supena to go to court on October 24th
He agreed to pay alimony. She is now living with the father of her new child. Does my son have any legal recourse being that she lied. It also proves she committed adultery. My son does not feel he should have to pay alimony to provide for her new family.
answered on Oct 3, 2022
Possibly. He should retain an attorney to look into post-judgment relief.
My husband and I declared ourselves married while living in Colorado back in 2016. We have since moved to Michigan and have decided to finally get around to having a ceremony. This will be more a renewal of vows but someone brought up signing a marriage license, since we don't have one. Is... View More
answered on Sep 21, 2022
Interesting question! Have you been filing taxes jointly? As you probably already know, but for others' benefit who may come upon this question, common law marriage is a legal form of marriage in some states. Michigan does not allow for common law marriage, but does recognize marriages legally... View More
I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?
answered on Sep 21, 2022
You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... View More
Dear Justia Lawyer,
My Divorce Decree wrongly states that my Maiden Name should be restored to me. My Maiden Name is xxx. My Married Name is yyy. The Judgement of Divorce should state that my Maiden Name, xxx, should be restored to me. The Judgement of Divorce was signed in Dec. 2007 in... View More
answered on Sep 21, 2022
The easiest way to correct this issue would be to draft and submit a proposed consent order to amend the judgment. This would require your ex husband to sign the same. Due to the age, however, of the issue, the judge may not agree to sign the order. If this is the case, then you should consider... View More
We bought the home in may of 2021 with my money. We married in October 2021 and selling our home in October 2022. Is she entitled to half of the equity check?
answered on Sep 16, 2022
Quite likely, yes. Once you married, and she moved in, your house became "our house".
answered on Aug 31, 2022
Very fact-dependent, but yes. Attorney fees are possible under a specific court rule, statute, or by agreement. When criteria is met, the request can be made. And it's not uncommon for some attorneys to ask repeatedly when they believe they have appropriate grounds.
answered on Sep 21, 2022
Marital assets need to be divvied up in a “roughly congruent manner” during a divorce case. Real property acquired during the marriage constitutes a marital asset.
If the parties can’t agree as to the value of the house and who should keep it in exchange for buying out the other... View More
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