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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce for Michigan on
Q: My husband filed for a divorce on July 18th I was served on July 20th he then stated that he never submitted his

Paperwork into the court because he still wanted to be married. Now he is being supena to go to court on October 24th

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2022

He can file a dismissal with the court at any time.

1 Answer | Asked in Divorce for Michigan on
Q: My son’s ex wife lied during the divorce, saying she was not pregnant. She was 4 months pregnant.

He agreed to pay alimony. She is now living with the father of her new child. Does my son have any legal recourse being that she lied. It also proves she committed adultery. My son does not feel he should have to pay alimony to provide for her new family.

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2022

Possibly. He should retain an attorney to look into post-judgment relief.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can we apply for/sign a Marriage license in Michigan if we are Common Law Married in Colorado?

My husband and I declared ourselves married while living in Colorado back in 2016. We have since moved to Michigan and have decided to finally get around to having a ceremony. This will be more a renewal of vows but someone brought up signing a marriage license, since we don't have one. Is... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 21, 2022

Interesting question! Have you been filing taxes jointly? As you probably already know, but for others' benefit who may come upon this question, common law marriage is a legal form of marriage in some states. Michigan does not allow for common law marriage, but does recognize marriages legally... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I plan to file for divorce once I move out. If I file for divorce, the house we live for 18 years would have to be split
Kyle J. Bristow
PREMIUM
Kyle J. Bristow
answered on Sep 21, 2022

Marital assets need to be divvied up in a “roughly congruent manner” during a divorce case. Real property acquired during the marriage constitutes a marital asset.

If the parties can’t agree as to the value of the house and who should keep it in exchange for buying out the other...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Moving to another state to file divorce?

I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?

Kyle J. Bristow
PREMIUM
Kyle J. Bristow
answered on Sep 21, 2022

You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... Read more »

2 Answers | Asked in Divorce for Michigan on
Q: How do I get an error corrected in my Divorce Decree?

Dear Justia Lawyer,

My Divorce Decree wrongly states that my Maiden Name should be restored to me. My Maiden Name is xxx. My Married Name is yyy. The Judgement of Divorce should state that my Maiden Name, xxx, should be restored to me. The Judgement of Divorce was signed in Dec. 2007 in... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 18, 2022

I'm unsure if it really matters. Have you tried changing your name with the various entities? Likely, they will not question it upon showing of the JOD.

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2 Answers | Asked in Divorce for Michigan on
Q: How do I get an error corrected in my Divorce Decree?

Dear Justia Lawyer,

My Divorce Decree wrongly states that my Maiden Name should be restored to me. My Maiden Name is xxx. My Married Name is yyy. The Judgement of Divorce should state that my Maiden Name, xxx, should be restored to me. The Judgement of Divorce was signed in Dec. 2007 in... Read more »

Kyle J. Bristow
PREMIUM
Kyle J. Bristow
answered on Sep 21, 2022

The easiest way to correct this issue would be to draft and submit a proposed consent order to amend the judgment. This would require your ex husband to sign the same. Due to the age, however, of the issue, the judge may not agree to sign the order. If this is the case, then you should consider... Read more »

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1 Answer | Asked in Divorce for Michigan on
Q: My fiancé and I bought a home with my money. We are now married and selling the home. She wants half the equity check.

We bought the home in may of 2021 with my money. We married in October 2021 and selling our home in October 2022. Is she entitled to half of the equity check?

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Quite likely, yes. Once you married, and she moved in, your house became "our house".

1 Answer | Asked in Real Estate Law and Divorce for Michigan on
Q: My wife and I are separating. We refinance our house last October 2021. I signed even though her name is on the mortgage

We have lived in this house for 18 years. I plan to file for divorce once I move. I have paid half the mortgage and utilities since 2004. Contacted the court today and found out she use a Lady Bird Deed? She put her niece on it. My question is am I a homeowner as well even though her name is on... Read more »

David Soble
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David Soble
answered on Sep 5, 2022

A lady bird deed is only effective upon death, and so your wife could only deed out her interest in her portion of the property at the time of death. It has no effect during her lifetime. Even though there is a ladybird deed, a court will likely divide the property interest equally between both... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: If a attorney was denied attorney fees in court, can he try to get them again from another judge 6mon later
Brent T. Geers
Brent T. Geers
answered on Aug 31, 2022

Very fact-dependent, but yes. Attorney fees are possible under a specific court rule, statute, or by agreement. When criteria is met, the request can be made. And it's not uncommon for some attorneys to ask repeatedly when they believe they have appropriate grounds.

1 Answer | Asked in Divorce for Michigan on
Q: Can a verbal settlement agreement for divorce that was in front of the judge on record be changed?
Brent T. Geers
Brent T. Geers
answered on Aug 13, 2022

No. A verbal agreement made on the record has the same effect as if in writing. Sometimes, there may be a dispute about the fine details of the agreement. For example, if you agreed to sell the house, but never indicated when, the judge will enforce the sale of the house, and if one party asks the... Read more »

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Question about jurisdiction? Court took all rights away from defendant,in sale of home gave all control to plaintiff,

It says court Does not retain jurisdiction over negotiations between the parties through counsel..

This where it was defendant's family home for 50 years, plaintiff did not want the house. During divorce trial they stated she did not want it, this was all defendant ask for. Court... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 10, 2022

What you are seeing in writing would be in the the judgment of divorce. In a divorce, the court does have jurisdiction over the marital assets. When the parties don't agree, it's the court's job to make an order. And the court retains jurisdiction to enforce that order.

1 Answer | Asked in Divorce for Michigan on
Q: I am on SSI. Married for 5 years, divorced in '92. Wife was awarded half my pension. She does not wish to collect it.

Is there a form she can sign off on?

Brent T. Geers
Brent T. Geers
answered on Aug 8, 2022

Was there a QDRO done?

1 Answer | Asked in Divorce for Michigan on
Q: In a state of Michigan divorce can I get a portion of my wifes 401k which has approx. doubled since we first married?

We have been married 9 years. The value of the 401k has gone from approx. 23k to 46k. If it weren't for our equal sharing of bills she never would have been contributing as much to get it to the current amount. She has always made slightly more income wise than me over the entirety of our marriage

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Yes, you may be entitled to an equitable share of her retirement account. Of course, your accounts would be subject to division as well.

1 Answer | Asked in Divorce for Michigan on
Q: My wife has filed for divorce in June in Michigan and she told me about. But till now I still didn't receive any paper?

What's my next move now, is it to wait for the court paper? or what should I do ?

Brent T. Geers
Brent T. Geers
answered on Aug 2, 2022

It's up to the plaintiff - your wife in this situation - to serve you the paperwork in order to continue the process; that must be done within three months of filing with the court, otherwise the court could dismiss the case for lack of service, and she would have to file anew.

Have...
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1 Answer | Asked in Child Custody, Divorce and Social Security for Michigan on
Q: Who gets kids part of one spouses SSD, if getting divorced?

Husband suffered from mental health, can not drive, severe memory loss.

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

Most often, it would be to the parent with primary custody / recipient of child support, in lieu of a calculated support amount.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can I marry myself? (I am 17) This is not becuse I am sologamy it is only so I am automatically emacipated.
Brent T. Geers
Brent T. Geers
answered on Jul 31, 2022

Nice try, but no. You would need the permission of at least one of your parents to marry anyway. And marriage is between TWO people.

What are your parents not allowing you to do that you think you can and want to do when you turn 18 in less than a year?

2 Answers | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I've hidden 98% of my assets in crypto. Can this be found in a custody case?
Brent T. Geers
Brent T. Geers
answered on Jul 29, 2022

Can they be found? I'm no expert in crypto so I don't know. The opposing party's attorney, through appropriate discovery demands, could establish that you have or should have a certain dollar amount in assets, whether they are in crypto or not.

Larger question is what would...
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2 Answers | Asked in Divorce for Michigan on
Q: One of my friend’s ex husband’s wrote a fake review under her name the review was to their divorce lawyers agency now

Now the agency is trying to sue her. Is there a way she can ask her lawyer to contact police to pull the IP address of the account making the fake review or how should she go about this

Brent T. Geers
Brent T. Geers
answered on Jul 28, 2022

The police are not the right answer. She could conceivably subpoena the review website for that information and go from there.

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1 Answer | Asked in Divorce for Michigan on
Q: I married my husband in Florida & reside in Michigan, married 1 year, divorcing, am I entitled to his pension
Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

Perhaps some (small) portion of it, yes. The divorce process divides the marital estate: the assets and liabilities incurred during the marriage - which is generally from the date you were legally married. The longer you are married, the more there is to divide of course.

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