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Michigan Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: I don't know where to start a divorce. concerns because my ex is being shady and we have a child

I'm a 23 year old female and he is a 26 year old male. This is both of our first marriage. We got married 12/07/2018. He keeps telling his friends and family one story as to why we are divorcing and tells me another story as to what he has told them. He has been active in smearing my name,... Read more »

Andrew M Steiger
Andrew M Steiger answered on May 28, 2020

You start by filing a complaint and serving him. At that point you can begin negotiating child custody, property settlement, etc. If he files first, you would be the defendant but that likely won’t change the outcome related to child custody at all. Michigan is a no-fault divorce state. What... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: I heard there are lawyers that can accept $75 per hour for people with low income. Post divorce area
Andrew M Steiger
Andrew M Steiger answered on May 26, 2020

The Michigan Bar has a program for individuals who do not qualify for legal aid but cannot the typical attorney rate of $200-300 an hour. You must qualify for this program.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: can my spouse cut me off of my accounts for money? Amidst travel during covid, he left me with no means to survive

We have been separated for years but been very cordial unless/until he dates this women years younger then him, then he starts spending everything he makes. I’m a stay at home mother to 16 year old triplets. I never spent any money on myself from accounts, only for bills and kids. I was traveling... Read more »

Kent Wood II
Kent Wood II answered on May 14, 2020

If you are a named account holder, no one can take your name off the account without your permission. BUT, any account holder can empty the account and then take their name off the account or just stop making deposits to the account.

It is difficult when it is "from out of...
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2 Answers | Asked in Divorce for Michigan on
Q: I'm trying to get legal aid help with my divorce. How do I go about doing it? I have very low income..
Kendra Ortega
Kendra Ortega answered on Apr 23, 2020

If you are in West Michigan, go to the Legal Aid of Western Michigan website and click on "I Need Help." You will participate in a online screening tool to see if you are eligible for assistance.

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1 Answer | Asked in Divorce for Michigan on
Q: I've been served with divorce/summons papers, and I want to make sure I'm not signing something that hurts me in the end

My husband essentially kicked me out of our house (in his name), cut me off (he makes the money), and filed for divorce. The papers I received say summons and that I need to sign and return within in 28 days, but I want to make sure I'm not signing anything that hurts me. It also says I'm... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 21, 2020

The summons is intended to make you aware that you are a party to a complaint - in this case a divorce. The terms "suit" or "sue" include divorce proceedings - anything civil (i.e., not criminal) involves a similar process.

Your signature on the back of the summons...
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1 Answer | Asked in Divorce for Michigan on
Q: I moved out of my home my wife has our tax card and says she will not give me any money unless I come home what do I do?
Brent T. Geers
Brent T. Geers answered on Apr 13, 2020

Is there a pending divorce filed? You could ask for the court to issue an order about the tax card. If neither of you has filed yet, there's not much you can do until there is a case.

1 Answer | Asked in Divorce for Michigan on
Q: Do I include a child that wasn't conceived during the marriage and isn't biological my ex husband?

I was a single mom before the relationship. However, since being separated my spouse and I determined it was in the best interest of my son to live with him so he could continue to go to school. I would still have to list ALL children correct? Not just the ones that were conceived during the... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 10, 2020

I believe so. Is your son the subject of any custody order with the father? Did your current spouse adopt the son?

1 Answer | Asked in Divorce for Michigan on
Q: Have discussed divorce with my wife, need some clarity.

We have 2 daughters together 5 and 2. I moved into her home about 9 years ago as permanent address. Married in 2014. Shortly after having a joint checking account. The home has more than doubled in value with improvements and market growth. I have talked with a real estate agent and figured the... Read more »

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

You may be entitled to a share of the home's equity under the theory that you contributed to the home either in the form of shared payments to the mortgage, upkeep, maintenance, etc. The calculation would be from roughly the date of marriage forward.

I know this is difficult to do in...
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1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: My divorce was finally on aug 6 2019. I got pregnant only weeks after. Will they try n go back on my ex husband?

We were both in other relationships at the end of our divorce and still are. Because this pregnancy happened so close to the final stamp I’m worried they will try and go back on my ex husband if my child’s father decides to bail and not sign the BC.

Kendra Ortega
Kendra Ortega answered on Mar 29, 2020

Your ex-husband is only considered the legal father of your child if you were pregnant during the marriage. If your pregnancy began after the Judgment of Divorce was entered by the court, your ex-husband will not be the legal father. You will want to make sure the baby's biological father... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Is it legal to use a lawyer who is a family member in a divorce case and can she keep taxmoney from me
Brent T. Geers
Brent T. Geers answered on Mar 24, 2020

It is legal certainly to be represented by a family member who also happens to be an attorney so long as there is no direct conflict of interest for the attorney. Probably not the best idea for an attorney to do so for emotional and other reasons; many lawyers will refer family members to other... Read more »

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: If a divorce gets dismissed what happens to child custody?

During the divorce ex-wife got pregnant with another man’s child but since the divorce hadn’t been finalized when she gave birth the courts dismissed the divorce. There was a custody agreement in place after filing for divorce however the courts are dismissed to divorce, so what happens to the... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 21, 2020

Not sure why the court would dismiss the divorce in this situation other than your ex-wife - assuming she is the plaintiff - failed to continue the proceedings. Regardless, with the divorce goes the court's ability to enforce your agreement.

You could file your own divorce action at this point.

1 Answer | Asked in Divorce for Michigan on
Q: I know Michigan is a no fault divorce state, my question my husband fathered a child during our marriage. Can I sue her?

For alienation of affection from my husband? My husband and I have no kids and have been married 14 years. I want a divorce. The only property is home furnishings and 2 cars both in my name. Is there anyway that I can require him to help pay the note for the car that he drives? I’m retired and... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 26, 2020

You can safely give up the notion of suing this other woman. What duty or obligation did she have with you? Your husband, on the other hand, does have obligations to you, and he's the one you should focus on. His fault in having this extramarital affair can be one factor in a spousal support... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a divorce trial coming up. And I was just wondering if I could have witnesses?
Brent T. Geers
Brent T. Geers answered on Jan 27, 2020

You can, although any witnesses you choose should have relevant and unique information. You do not need, and the judge will probably not allow, 10 people each saying that you're the best person they've ever known. More importantly, each witness must be able to testify about facts they... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Will I lose my home in a divorce if my son is 18 but still in school?

My husband is not his biological father although we've lived in the home since May 2009.

Brent T. Geers
Brent T. Geers answered on Jan 12, 2020

It's really hard to say what would happen to the home without knowing more about the assets and debts of both you and your husband. That your son is now 18, however, probably isn't a factor either way.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Can I move out of state with my kids when I just filed for divorce?

I filed Jan 3rd and have tried to get him to agree to letting me move just outside of michigan. I cant file a motion because I dont have the money for a lawyer to do it. I just want to know if I can get in trouble if I move with them anyways!

Brent T. Geers
Brent T. Geers answered on Jan 12, 2020

Yes, the move could be used against you. Not wise to do so. If you cannot afford a lawyer at the moment, you should check in to your local legal aid office. Or, your courthouse may have a legal assistance center with forms available to file the required motion on your own.

1 Answer | Asked in Divorce for Michigan on
Q: My ex wife got a PPO on me. During hearings can I ask her questions on the stand?

I am Pro Per so I am used to asking questions to the other party.

Brent T. Geers
Brent T. Geers answered on Jan 5, 2020

You may ask her relevant questions on cross-examination, and you'll be expected to conduct yourself and your line of questioning in much the same manner as an attorney. The judge or referee will not allow it to turn in to an argument.

1 Answer | Asked in Divorce for Michigan on
Q: How do I file for a divorce due to the fact I can't pay for it. I have been separated 10 years

We have been separated 10 years. I have asked him to pay for it and he refuses to. He owns his own business as well. He admitted to marrying me because he was gonna do 20 years in prison. I wanna get it asap and also get alamony or half of his assets since we are still legally married.

Brent T. Geers
Brent T. Geers answered on Dec 13, 2019

Have you looked in to your local legal aid or the self help center in your county's courthouse? Given that you've been separated 10 years, you may not have much grounds for spousal support.

1 Answer | Asked in Divorce for Michigan on
Q: Interested in a free divorce attorney for uncontested divorce with no children.. Any recommendations? Thank you.. Tammy
Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

About the best you'll be able to do is go to your local courthouse to see if they provide the paperwork packet you'll need to complete the divorce, and do it yourself. Many courthouses provide it for $10-$20. If it's truly uncontested, that may be the most economical way to go. You... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Wondering if there are any pro bono divorce attorneys in Bronson or Coldwater, Michigan?
Brent T. Geers
Brent T. Geers answered on Nov 18, 2019

Contact your local legal aid agency. If you qualify, you may be appointed someone. Very few attorneys are willing to take on pro bono family law cases because of the complexity and conflict.

1 Answer | Asked in Divorce for Michigan on
Q: If a buy a home/cabin with my son and get a divorce, does my wife have any rights to that home/cabin?
Kyle J. Bristow
Kyle J. Bristow answered on Nov 4, 2019

Any asset which is acquired during the marriage with marital funds is a marital asset. Marital assets are subject to division should a divorce occur.

You should immediately and privately consult with a lawyer who practices family law if you are considering filing for divorce.

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