I would have to say that after 27 years of marriage, she's not going to receive the home as her sole and separate property. Whatever you do, I strongly urge you to retain the services of an experienced and knowledgeable family law attorney, especially in light of the comments she's made. Unless it...Read more »
There is no time requirement, but when making an equitable division of assets (and debts), we're looking toward what is considered the marital estate - meaning anything acquired or accumulated during the marriage. In the case of a retirement account, what may be relevant is what contributions were...Read more »
I was told that if we don’t settle on an agreement I’m not going to get the divorce until we go through trials until we get the Dowry out of the way. I’m just worried is it even guaranteed I’ll even get it? Or even worth the wait? What do you think I should do?
Who is advising you about dowry? He or she may be surprised to know that dowry went away in Michigan back in 2017. Dowry was a 1/3 life estate interest in the husband's real estate. And I'm not sure, really, what implication dowry would have now in a divorce proceeding. The answer to that question...Read more »
Seriously thinking about getting a divorce and weighing out my options. I live in Michigan and earn about 60-80K more than my spouse in any given year. My children are fully grown and not financial dependents. There is legal written records of adultery on his end as well.
An attorney would need some additional facts to determine your exposure to spousal support. Making that much more than your spouse is not a favorable factor for you, but would need to be weighed against how long you've been married, and evidence of his infidelity.
Given that the state of Michigan does not allow for slavery except in the punishment of a crime and that no fault divorce is not a crime how does the Michigan supreme court fail to rule all Family Court Spousal Support claims and rulings as unconstitutional. Once a union is dissolved continued... Read more »
I see that you are a student of the law; that's good.
By your logic, shouldn't wage garnishments in general be abolished? And in fact civil litigation between private individuals should be unconstitutional, no? After all, how is that you should be able to sue me and take my money just...Read more »
A judge cannot order you to move closer. However, the amount of parenting time you are awarded will be determined based on the child's best interest, and it will almost assuredly not be in their best interest to travel frequently that far. But if you are fine with every other weekend visitation,...Read more »
Income is under $30k. I have been trying to help my friend to get a divorce as the situation is not good but she struggles financially. Everyone wants $3-6k down to start a divorce and she does not have the means to do so.
Contact your local Legal Aid office. Certainly, her income will be a factor to qualify, but domestic violence is also a consideration for help. Otherwise, you may call the local bar association or the state bar association.
I am not the children's biological mother (deseased) but I have been raising them as a stay at home mom for the since they were 2 and they are now 7. My husband and I both relapsed in our addiction and they children were removed. He has stayed sober and I relapsed 3 months ago. I went into long... Read more »
These situations are always messy and complex. I assume that you are legally married. You do have rights as the spouse, including the right to remain living in the marital home. HOWEVER, your husband is at risk of having his parental rights terminated. Whether the basis for that action is your...Read more »
Child has the opportunity for a full college tuition scholarship if she is a full time resident for 12 months. Dad is barely involved since the divorce 2 yrs ago and only sees her maybe once a month. I expect a fight on my hands.
Are you contemplating moving out of town or out of state with your child? Will this move be more than 100 miles from the child's current legal residence? Has the court awarded you joint legal custody or sole legal custody?
My wife and I are planning to divorce. The problem is that neither of us can afford to live alone and our debts are so intertwined between us (both names on everything) that splitting it would be impossible. We're considering a bankruptcy to simplify the process. I believe we make too much to... Read more »
Their may be an advantage to filing before a divorce, but your situation is too complicated and/or the facts too sparse for an attorney to advise you in an on-line discussion so I don't want to go into detail. You should consult with an attorney who handles bankruptcies.
Ex-wife won the house and all debt associated in the divorce but there wasn't a timeline to refinance written in the agreement. I know she has been able to defer payments/remodify without my signature but this last Jan/Feb the loan balance increased by $10,000 and she bought a brand new camper.... Read more »
The divorce decree is binding between you and your ex-spouse, and isn’t binding on the mortgage company. So they have the right to continue reporting the loan as yours, until it’s paid in full. That’s the first part.
But the second part is whether the loan documents you signed...Read more »
My ex wife and I share 50/50 custody, however I pay child support because I was making more than her at the time of our divorce. We have been divorced one year. Is it too early to request a review for a child support modification? I reside in Michigan
The threshold for a modification is whether any change of circumstance would change the support amount by more than $50 or 10%. The state offers a free online child support calculator that you can input your numbers to see if you would meet the criteria.
The long and short answer depends on how contentious your and your wife make this divorce. If she protests, you could find yourself with a court order telling you not to introduce any romantic third parties to the children, and certainly not move the girlfriend in.
That attorney is correct. Your judgment of divorce has no bearing on the contract you and possibly your ex signed once upon a time. But under the terms of your judgment of divorce, it sounds like you'd have a fair claim for what's called indemnity against your ex (e.g. paying someone else's debt)...Read more »
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