Lawyers, Answer Questions  & Get Points Log In
Michigan Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Divorce for Michigan on
Q: There is a typo in my divorce final judgment. It read the defendent shell pay the defendent a sum
Brent T. Geers
Brent T. Geers
answered on May 19, 2022

If you had an attorney, you should go back to them to see how best to address it. It would of course be up to either party to ask the court to enforce any of the provisions, and until that time, it may not be much of an issue. Still, if it's in error, it should be corrected. And sometimes it... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Hello, does the judge have access to my medical records to confirm my miscarriage in a divorce ?

My divorce is on hold due to pregnancy now confirm that we have miscarried it has been rescheduled, I want to be prepared, do I have to bring paperwork for my miscarriage or does the judge have access to this?

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

A judge does not have independent access to anything, nor will they research or confirm evidence not presented. I would assume it's indisputable (meaning that your ex isn't going to say you're lying about this)?

1 Answer | Asked in Divorce for Michigan on
Q: How do I see what the MCL 700.281- 700.292 are

I'm trying to file for d and I have no money to hire an attorney and I have no idea what I am doing

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

Most county courthouses have some form of a legal assistance center that can provide you all the forms your need and generally explain how to complete the process. Go there. I can tell you if you are looking to file a divorce and looking into MCL 700.281, you are way off the mark.

1 Answer | Asked in Divorce for Michigan on
Q: Regarding abuse of discretion

This is what the judge said to my ex-wife at the ruling of the division of property, "don't worry you'll come out on top, he'll die before you, he's in bad health and smokes" after I was not allowed my witnesses because my ex-wife said one of them talk to his wife on... Read more »

Brent T. Geers
Brent T. Geers
answered on May 9, 2022

It's impossible to say without reviewing the complete transcript to determine context. Also, without know what the judgment of divorce says, it's impossible to tell if the judge abused his or her discretion.

In most divorce situations, the parties walk away with approximately...
Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Can my new ex-wife kick me out of the house?

Newly divorced (April 15th). Marital house was to be refinanced in wife's name and I was to get a lump sum for my share of the house. Refinance was completed this past Friday but I have not received my money yet. She is trying to kick me out immediately even though we had Previously agreed on... Read more »

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

She would need some court intervention, which is unlikely to happen before the 28th. What does your judgment say exactly? If it's just to refinance within a certain time, then the delay in paying you, I don't believe, will keep her from having you move.

1 Answer | Asked in Child Support and Divorce for Michigan on
Q: Which one of the working and non-working parents that gets physical custody?
Brent T. Geers
Brent T. Geers
answered on Apr 29, 2022

Google "best interest of the child factors" to learn more about what factors a judge considers in determining custody.

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: Do I have to pay 100% of child support if it's joint custody or really not having to pay child support?

I'm the only working parent and the only one that can give our 3 kids full benefits. I would like to have physical custody of the kids. I am currently trying to file through as an uncontested divorce.

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2022

Child support will be determined through the divorce proceeding. Having the majority of parenting time plays a large role in determining who pays and what amount.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: If I have a pending divorce with no custody agreement, can I leave with my child for 6 weeks for work out of state?

I have a pending divorce case with no child custody agreement as of now. I have a job opportunity in Colorado for 6 weeks and it would help my career tremendously by taking it. I am wondering if I can leave for 6 weeks with my child so she can be with her grandparents and I take this opportunity in... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 27, 2022

Take your attorney's advice. That's what you are paying him or her for. And it sounds like your lawyer is spot-on. You could potentially hamper your entire case with your proposed action.

A divorce has been filed and the court now has jurisdiction over the child. Do not do...
Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Can my ex continue to receive my benefits from work even though we're divorced?

I have not told my employer that I am divorce.

Brent T. Geers
Brent T. Geers
answered on Apr 15, 2022

If you are legally divorced, then no, your ex should not be able to receive benefits from your work. But how is the employer supposed to know that if you don't tell them you're divorced?

1 Answer | Asked in Divorce for Michigan on
Q: I got married to only find out I was still married to a previous spouse. The divorce for the first one is going.

And the 2nd one was as well, I wasn't aware that you were able to marry if already married and I wanna get this all over with and behind me.

Brent T. Geers
Brent T. Geers
answered on Apr 15, 2022

What is this issue? It sounds like you are in the process of two divorces. It's ultimately up to each person to know whether they are married to another. I'd be curious to know what led you to believe your first divorce was final. I assume you do not have an attorney, and you very much need one.

1 Answer | Asked in Divorce for Michigan on
Q: Could a married person obtain a marriage license to marry someone when they're already married?
Brent T. Geers
Brent T. Geers
answered on Apr 13, 2022

No. Not without penalty.

1 Answer | Asked in Divorce for Michigan on
Q: How can anyone or myself find if my Ex has married someone when we're still legally married?

I suspect she is with someone else.

Brent T. Geers
Brent T. Geers
answered on Apr 13, 2022

You can check public records in the county they are located in.

1 Answer | Asked in Divorce for Michigan on
Q: Can I remarry during a pending divorce filing?
Brent T. Geers
Brent T. Geers
answered on Apr 13, 2022

No. You can only be legally married to one person at a time. You are legally married until you are divorced (e.g. a judgment of divorce is signed by the judge).

1 Answer | Asked in Divorce for Michigan on
Q: If spouse is refusing to sign divorce papers how long do I have to wait to move for a default judgment? Online divorce
Brent T. Geers
Brent T. Geers
answered on Apr 5, 2022

It starts with proper service and proof of it. You then have to wait 21 or 28 days, depending on how you served the person.

1 Answer | Asked in Divorce for Michigan on
Q: Filed divorce online in Michigan. Spouse did not contest. Now spouse is refusing to sign papers. What is my next step?
Brent T. Geers
Brent T. Geers
answered on Apr 5, 2022

What papers is your spouse refusing to sign? If you've properly served your spouse with the summons and complaint, and the right amount of time has passed, you can move for a default judgment. His or her participation is not required.

1 Answer | Asked in Divorce for Michigan on
Q: My wife and I were separated. She lied and told me she wanted to work it out so that my income was hers. Does that fall

Gaining money under false pretenses?

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

I'm unsure what you mean by that. If you were legally married, a divorce proceeding would involve income, assets, and debts during that marriage. Separation - unless done as a legal separation (e.g. court filing) - does not change that.

You would have a hard time convincing a judge...
Read more »

1 Answer | Asked in Divorce for Michigan on
Q: What can I do if my ex husband does not pay the divorce decree?

My ex husband was ordered to pay me certain amount for keeping the house and the vehicle in 90 days of filing of our divorce. It's been 5 months now without payment. It was filed in Michigan.

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

File a motion to enforce the judgment.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Michigan on
Q: I have been subjected to torture by cps, courts not responding to my request for assistance with the stopping of this.

I am looking for assistance with pro Bono council for the service of abstaining proper treatment and rights of disabled people with ADA compliance, custody, increased parenting time, the clearing my name from abuse and neglect and the treatment of years of negative behaviors by the other parties... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

If you are in current abuse / neglect proceedings, you should have an attorney appointed to you, and you need to work with that person to address these issues.

One of the biggest mistakes parents make in these sort of cases is to focus on what the other person is doing, when the emphasis...
Read more »

1 Answer | Asked in Child Custody, Divorce and Immigration Law for Michigan on
Q: I have a question.. My sister and her husband might divorce soon I think he was waiting for his permanent residency

He is also threatening her to take full custody of there child what can I do he threaten to take the baby away to India

Agnes Jury
Agnes Jury
answered on Mar 20, 2022

Your sister needs to hire an experienced family law attorney. If the child does not have a passport, the husband won't be able to take the child to India. If the child has a passport, the family court can require the husband to turn the passport over to mom. Best wishes!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.