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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce for Michigan on
Q: Divorce in MI with no assets or children. He filed and requested fee waiver. Will I have to pay the filing fee?

He stated he is self-employed but he is actually unemployed and lied about his obligations. States that he has student loans but instead has excessive CC debt. I informed him if he waited until after the holidays I was willing to file and pay. Instead he filed and served me the night before... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 28, 2021

While technically, a fee waiver works as a suspension of fees, and so the court could order an opposing party to pay those fees, in practice, that rarely happens.

1 Answer | Asked in Divorce for Michigan on
Q: Is it usual for a wife to have her lawyer paid for by the ex husband? She is now working but was a stay at home mom.
Brent T. Geers
Brent T. Geers answered on Nov 23, 2021

No it's not. It can certainly be asked for and agreed to. And a judge can order it.

1 Answer | Asked in Divorce for Michigan on
Q: If my spouse is awarded half of my 401k is the penalty taken out of her share?
Brent T. Geers
Brent T. Geers answered on Nov 18, 2021

What penalty? Unless it's written in the judgment of divorce, then no.

1 Answer | Asked in Divorce for Michigan on
Q: no settlement - settlement conf. tomorrw My attorney wants to submit a sched order but husb. atty wont allow - why?
Brent T. Geers
Brent T. Geers answered on Nov 15, 2021

You really need to talk with your attorney about this. The court sets scheduling orders; sometimes attorneys agree - "stipulate" - to something else - usually to extend discovery or filing deadlines. First question should be "why a new scheduling order?". Unless your... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: I stay in Michigan my spouse stays in Louisiana we got married in Nevada,.. Where do I file for divorce
Brent T. Geers
Brent T. Geers answered on Oct 6, 2021

You would file here in Michigan and in the county you reside in.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Michigan on
Q: I need a good divorce lawyer but looking for a Pro bono one, I'm disabled and have no income.

My husband controls all financial decisions in our lives. I'm also in poor health I can't drive so that's a problem when meeting lawyers or paperwork I need, husband thinks it's funny.

Brent T. Geers
Brent T. Geers answered on Oct 4, 2021

Contact your county's legal aid office. Your chances of finding an attorney outside of legal aid to take on a divorce case pro bono is slim to none.

1 Answer | Asked in Divorce for Michigan on
Q: Can I file a 750.30 after my divorce
Brent T. Geers
Brent T. Geers answered on Sep 28, 2021

No. For one thing, prosecutors are not really in the business of prosecuting adultry anymore. Further, the complaint must be filed within one year of the act. And how would you suggest the prosecutor prove it? Last, a judgment of divorce typically quashes any other claims that you could have made... Read more »

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.

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