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 »
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.
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.
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 signs...Read more »
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 »
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 »
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...Read more »
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 »
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 »
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 have personal...Read more »
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.
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!
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.
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.
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.
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 may also want to...Read more »
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 »
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.