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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce for Michigan on
Q: I have a question, I recently filed for divorce. My husband came home today and said his lawyer received the paperwork.

Did his lawyer receive the summons or just general paperwork. Or any paperwork at all ? He lies alot

Brent T. Geers
Brent T. Geers answered on Oct 14, 2020

Assuming you (and it would be your responsibility, or your lawyer's) properly served him with all the necessary paperwork (summons, complaint, and various other required forms if children are involved), than the only stuff his lawyer would receive is what he gave him or her. It would be on the... Read more »

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: At what point is personal property considered abandoned?

A friend of mine and his wife split up. She left the dwelling they shared and moved in with family. The divorce is in the early stages currently. She left several of her belongings behind and said she'd return but hasn't. My friend is now wanting to move from the home as the lease they... Read more »

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

Until the divorce is complete, that property is still at issue. Could he box this things up and bring them to her current place?

1 Answer | Asked in Divorce for Michigan on
Q: Fear of being attacked if I serve my husband with divorce papers. Can he be made to move out during the divorce process?

I am currently unemployed and he pays all the bills. He recently put his hands on me on my bday 7/24 and put me out of his house. I came home to my clothes, purses and furniture put out in my vehicles and the garage. So I'm afraid for my safety that this will not turn out well once he is... Read more »

Andrew M Steiger
Andrew M Steiger answered on Sep 26, 2020

You can file a motion to have him leave house. Also consider a personal protection order which can be filed and approved without his knowledge, to keep him out of the house, and be effective when a police officer serves it on him.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Husband threatening me.

I had an affair that ultimately resulted in me filing for divorce. My husband agreed that was what he wanted. He moved out as soon as the papers were filed. I live in MY house with our three kids. My oldest is almost 13 and when we were all together before he moved out, we both agreed she was... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 25, 2020

What you are experiencing is unfortunately not all that uncommon when divorces are filed - emotions and feeling change, and people's memories of how things were become fuzzy.

There is an orderly process to resolve divorce issues through the court system; and that process is intended to...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I want to win my divorce and custody case between me and my wife.

She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. I am in Oak Park Michigan. I have been married for 16 years and there are four minor children. My son lives with me. What is my next legal step? I already tried to get the case dismissed and... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2020

The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Hi-My husband left me&our home. He got his own apartment. Do i file for legal separation? I didnt want this.

I cant afford our home bills on my own. He gave me 3 options: I buy the home from him, he stays at the home, or we sell and split any profit. I chose the later. I am now trying to move everything, figure out what is mine/his. Friends say i should file for legal separation, not sure if this is the... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 8, 2020

Legal separation will do everything a divorce does except make you legally divorced. You could do so to help bring some certainty to the economic situation. However, your husband could counter file for divorce. Michigan is a "no fault" state when it comes to divorce, and it only takes one... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Can I file for divorce with my minor child and wife living out of state in the state I live in ...Michigan ??
Brent T. Geers
Brent T. Geers answered on Aug 12, 2020

Yes, as the plaintiff if you've lived in Michigan for the last 180 days and in the county where you'll file for the last 10 days.

1 Answer | Asked in Divorce for Michigan on
Q: What can I do if my husband won't sign divorce papers

separated in December 2018. He moved to Georgia and left all of his belongings and never came back to get his belongings. Now he won't sign the divorce papers. I was told in September 2019 by the sheriff and the county clerk that his belongings were considered abandoned.

Andrew M Steiger
Andrew M Steiger answered on Aug 7, 2020

At some point, after you have diligently tried to serve him and he has refused, you should be able to get a default judgement. Especially if no kids are involved.

1 Answer | Asked in Divorce for Michigan on
Q: I need to know if county clerks offices are required to search to see if couples have been married before if they are

Getting married and do they disclose it on the marriage license?

Brent T. Geers
Brent T. Geers answered on Jul 20, 2020

They are not required to do so. The people applying for the marriage license would be stating, by their signatures, that everything is true.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: I need help with divorce and child custody. I would like to make sure that I dont get abandonment of my child .

I asked for a separation last Saturday night and was asked to leave where I was living. I tried to take my daughter with me but my husband and his family denied me to take her. She is 12 yrs old and she wanted to stay with her dad and grandparents. I just want it known that I didnt abandoned her.... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 20, 2020

The court will look at the best interests of the child factors to determine child custody. The fact that your spouse’s family denied your request to take your daughter does not control here. Hire an attorney and file for divorce. Unless there are strong factors weighing against 50/50 custody,... Read more »

2 Answers | Asked in Divorce and Family Law for Michigan on
Q: when i got divorced, was the judge supposed to set up visitation since the father got custody of the child
Andrew M Steiger
Andrew M Steiger answered on Jul 12, 2020

It sounds like the father obtained sole legal and sole physical custody. Generally the other parent receives parenting time to some extent unless the circumstances require otherwise.

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can my husband kick me out of the house before a divorce? The property was paid off during our relationship.

We have one child together. I have two from a previous relationship. He claims I didn't contribute at all to the property payments. I work a little bit , but not full time because of the baby.

Mechelle Woznicki
Mechelle Woznicki answered on Jul 10, 2020

No, he cannot kick you out. He would need a court order signed by a judge to gain "exclusive use" of the marital home. How much you work or contribute has nothing to do with that.

If you have more questions, you can schedule a call with me on my website at https://woznickilaw.com/contact/.

1 Answer | Asked in Divorce for Michigan on
Q: I'm disabled and can't work my wife financially supported me throughout the marriage. Should I get alimony

She agreed to pay for my car if I moved out but

a month later gave it back to the bank and is keeping our other car that's in both our names

Brent T. Geers
Brent T. Geers answered on Jul 6, 2020

Spousal support is fact-dependant. Other factors include length of marriage, fault for a divorce, and whether an otherwise equitable split of the estate is just. You should seek an attorney's advice.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: How hard is it to get full custody in a divorce?

My ex moved out in November of 2017. We separated because he stayed using meth and hit me. He was just in jail because of a warrant. Had 3 charges. One for shoplifting. One for child support on his first child that he doesn't pay. And one for drug charges.

Brent T. Geers
Brent T. Geers answered on Jun 22, 2020

It can be hard, depending on circumstances. But your case sounds like one where circumstances exist for sole custody.

1 Answer | Asked in Divorce for Michigan on
Q: I got a divorce in 2012 and my ex got the house. In the divorce papers it says he can keep it as long as he refinanced.

He has yet to do so and convinced me last yr that I need to sign a quick claims deed because he was on his way to the bank that same day to refinance. Well months later I had our son ask him if he did it...it was still showing up on my credit report. He told my son no he couldn't do it.

Brent T. Geers
Brent T. Geers answered on Jun 17, 2020

You will have to file a motion to enforce the judgment with the court you were divorced through.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I been with him for 25 yrs..he was 21.. I was 13. Ive had 4 kids w him since 15. Will i get alimony?spousal??

I was 13 he was 21. Been with him 25 yrs. Have 4 kids...He treats me horrible and i want out. But he took EVERYTHING!!!! LEFT ME ON STREET. Also CHEATING on me w Facebook girls..have PROOF. & HE is a major alcoholic.

Brent T. Geers
Brent T. Geers answered on Jun 11, 2020

When were you married? Michigan is generally a "no fault" state when it comes to divorce and so for purposes of divorce, cheating doesn't really matter. Spousal support is possible, particularly in long term marriages (generally over 10 years), and when there is some fault attributed... Read more »

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...
Read more »

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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