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Michigan Divorce Questions & Answers
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.

1 Answer | Asked in Divorce for Michigan on
Q: Getting divorced. Husbands truck is in my name. He says he'll pay it. I can't afford it. What can I do legally with that
Brent T. Geers
Brent T. Geers answered on Apr 22, 2021

Your best - and only - bet is to settle the issue through the judgment of divorce. If he says he can pay it, then you could transfer ownership over to him. Otherwise, you two can agree to sell it and split the proceeds.

1 Answer | Asked in Divorce for Michigan on
Q: I have filed for divorce (no property, no children) through the mifile system. I now need to request a hearing for the

final decree. I need the form Request for Hearing and cannot find the form. Can you help?

Michael Zamzow
Michael Zamzow answered on Apr 21, 2021

With out an attorney to motion and coordinate scheduling with the judge, you might need to call the court clerk to get a hearing.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Michigan on
Q: Is it legal to record domestic assault and abuse against me?

I have video proof of my spouse physically assaulting me (burning and poking me with a red hot metallic chopstick) while continuously accusing me of *multiple* affairs. Now I moved out and filed for a divorce. Can these videos be used as evidence in court?

Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

Possibly. But Michigan is a no-fault state: all either person needs to say is that there's been a breakdown of the marital relationship. If you were to pursue a civil lawsuit for abuse, those videos may be more necessary. But the best evidence, of course, would be a criminal conviction.

1 Answer | Asked in Divorce for Michigan on
Q: Someone posted false information about me including a fake divorce on google
Brent T. Geers
Brent T. Geers answered on Mar 17, 2021

What is your question? A lot what depend on who posted it (and if you know), where this information is posted, and what damages it caused you.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Do i need to continue paying child support if my Ex and i live together in the same home?
Brent T. Geers
Brent T. Geers answered on Mar 11, 2021

You can probably amend the order to reflect your living situation, especially with consent and if public assistance isn't involved. At the very least, it should reflect equal parenting time. Should you continue to pay some child support through the FOC is a different question. Having seen many... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: If my husband to get the QDRO for 1/2 my retirement (2014 divorce), do I need to remind him?

2014 J.o.D. awarded husband 1/2 my 403(b) account and 1/2 pension. I'm planning to retire next year but am I responsible for getting the QDRO. J.O.D. says that he is responsible for all costs. If he fails to do the QDRO/EDRO by a certain time, do I get to keep my full retirement?

Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

This type of question is unlikely to get any specific response, there is just not enough information.

You'll want to contact a family law attorney, or general litigator to discuss some of the risks arising from what you're describing.

1 Answer | Asked in Divorce for Michigan on
Q: if you didn't legally change your last name but use your spouse last name to get a divorce, Are you still divorce?
Michael Zamzow
Michael Zamzow answered on Feb 26, 2021

If you changed your name when you were married, then obtain a judgment of divorce without changing your name to something else, you are still divorced.

1 Answer | Asked in Divorce and Tax Law for Michigan on
Q: I'm trying to file my taxes and my ex husband and I disagree on tax credits and stimulus money. What do i do?

Divorce decree states: "Plaintiff shall claim the minor children as dependents for income tax deduction and child credit on any and all city, state and federal income taxes. The defendant will be allowed to "buy" the exemptions from the Plaintiff if he will benefit from the... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 23, 2021

You're unlikely to find an answer to your question here, but if you contact your divorce lawyer you might get an answer. You might also contact a tax lawyer to make sure you're not running afoul of tax regs.

1 Answer | Asked in Divorce, Probate and Estate Planning for Michigan on
Q: my fiance dad is dying we cant find the recent will where he said it was can ex wife take everything

his will is not where he said it was , his ex wife from 20 yrs or more wants to use the will he made when they were married to take everything from her kids that there father is leaving them can she do that . he does a brother an 3 kids alive

Brent T. Geers
Brent T. Geers answered on Feb 9, 2021

Ex-wife? No. A divorce severs that legal relationship. Even if she were to find that will and enter it into probate, it can be easily challenged with the judgment of divorce.

2 Answers | Asked in Divorce, Family Law and Communications Law for Michigan on
Q: my husband has a second phone, is there any way I can get the phone company to give me the record?

Everytime i got him to call, he says my wife is listening on speaker too.. so i don't think there going to disclose any info. If its a privacy law Is there a way around it?

Brent T. Geers
Brent T. Geers answered on Feb 3, 2021

What information are you seeking? If the phone is in his name, then he has access to his records. Instead of involving the phone company, why does he not just download them and give them to you, or give you online access to those records?

If he is unwilling to cooperate, then you should...
Read more »

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1 Answer | Asked in Divorce for Michigan on
Q: How can I find out if I qualify for a pro Bono lawyer for my divorce? Do I need to find someone in my county?
Brent T. Geers
Brent T. Geers answered on Feb 3, 2021

Yes, your first step is to call the legal aid office that services your county. Most offices service multiple counties. They will require some information to verify your eligibility.

1 Answer | Asked in Divorce for Michigan on
Q: I’ve been separated from my husband for almost 3 years, but have not finalized divorce. Can I still take the house?

He’s been living in the house since the split, I wasn’t sure if I could afford at that time. But now I know I could and am struggling to find a 3 bedroom I can afford.

Brent T. Geers
Brent T. Geers answered on Feb 3, 2021

Have either of you filed a divorce? The home would be subject to division as part of the marital estate, but you'll have a tough hill to climb in getting the court to order him out since he's been there for all this time alone.

1 Answer | Asked in Divorce for Michigan on
Q: i have received a summons for divorce and need legal representation. i have no money so im stuck.
Andrew M Steiger
Andrew M Steiger answered on Feb 3, 2021

You can contact a legal aid group through the Michigan State Bar. Attorneys Amy also work on a flat fee basis depending on the facts surrounding the divorce. Ignoring a complaint is always a bad idea.

1 Answer | Asked in Criminal Law and Divorce for Michigan on
Q: I need help

Is it legal for my estranged husband to take a vehicle that is from a buy here pay here lot registration and payments / contract is solely in my name leanholder did not even know the vehicle was in a differnt state did not authorize the transport of vehicle

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

Have you filed for a divorce? Until you do, there is little anyone will be able to do for you here.

1 Answer | Asked in Divorce for Michigan on
Q: I have been divorced for over 4 years. It states in divorce that the home will be sold or refinanced in that time period

I still reside in the home with our son. I am in the process of refinancing at this time. My ex is to receive 40% equity in the home. About 11/2 years into the divorce my ex filed bankrupt against the home without my knowledge. I became aware when I noticed that my payment had not been taken from... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 17, 2021

Yikes, what a mess. You should seek the advice of the attorney who represented you in the divorce. Whomever goes to court first will be asking the court to enforce this judgment and so it's important to know exactly what this judgment says and what rights or remedies are available as a matter... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: My ex is pregnant again with her spouse but is requesting a review increase on the child support I pay. What can I do?

My ex and I share joint custody of our kids. I pay child support because she is on disability and her income is lower. She has been married for over 6 years, had surgery to untie her tubes, and is pregnant with their second kid. She just requested child support for our kids be reviewed and... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

Child support is determined on the basis of the ability to pay for both parents. The standard for modification is often a substantial and continuing” change, which can be caused by a change to either parent’s situation or both. As the last order appears to have been several years ago, it is... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: I have a legal separation question?

I've been legally separated for 12 years and I was just wondering if I'm considered legally divorced now? We've lived in separate counties and barely spoken this whole time. I rarely even remember him.

Brent T. Geers
Brent T. Geers answered on Dec 30, 2020

If you were legally married, you are not divorced unless a court entered a judgment of divorce or one of you pass away. A legal separation (formally called separate maintenance) continues until the parties either reconcile or one party files for a divorce. With a legal separation, you have done... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Is there anything I can do if I did not receive divorce summons paperwork until after the time allotted to respond?

My wife/ex-wife mailed divorce papers to one of my distant relatives whom I do not have contact with. I was just informed of this via another family member and finally recieved the summons. However, it's too late to respond as required by the court. Unfortunatly she's trying to sue me for... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 23, 2020

You need an attorney. You may be able to set aside the default judgment and get back into this.

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