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Michigan Divorce Questions & Answers
1 Answer | Asked in Criminal Law, Divorce and Child Support for Michigan on
Q: Can a father take back a phone and watch that were Christmas gifts or file a stole property report?

What are the laws in Michigan about receiving gifts, then asking for it back and being threatened to file a police report that’s it’s stolen property? The kid is 18 and the father is enraged that I filed for a support review for my 14 year (it’s been 10 years since the last order, oldest... View More

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

Generally, once a gift is given, it's the receiver's property. Unless the father has some evidence these items were stolen, he's risking filing a false police report - which is a crime itself - once the police investigate and find he actually gave those items and now just wants them back.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Men who own property before marriage, does it automatically become joint property if he should divorce?

Long story short, my brother owns a farm with a house on one side of the street and another house, he built, on the other side. He owned both before he married. He wants and needs a divorce. He is selling the big house and moving into the little house with the farm because she has financially... View More

Brent T. Geers
Brent T. Geers
answered on Jun 10, 2024

I think he needs to think through this from the standpoint that the properties are likely part of the marital estate that would be divided through divorce. There are exceptions to that, but then he needs to consider whether 1) those exceptions apply, and 2) whether it's worth the cost to... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Sold house during a divorce. Locks have been changed so I can’t access inside. Can I gain entry by any means?

Technically is the house still ours until move out date? And can I get into the house by any means to get my stuff out of house?

Brent T. Geers
Brent T. Geers
answered on May 30, 2024

Are you selling the house through realtors? You should be in contact with your realtor. Ordinarily, yes, you would have access to the house until a date determined in the purchase agreement or at closing. But you cannot use "any means". Further, it will depend on what your court orders... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My question is about alimony and a divorce married 22 years

I've been married 22 years I have been disabled 4 years prior to being sent away with our son and a house that we shared that he didn't want and I have been paying for all the things that have been going wrong with the house and I only make $966 a month so I'm just wondering if I am... View More

James L. Arrasmith
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answered on May 25, 2024

I understand you are going through a difficult time and have concerns about alimony and your financial situation after a long-term marriage. While I can provide some general information, please note that laws vary by state and individual circumstances are unique, so it's always best to consult... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Do i have any legal rights in this situation?

I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 14, 2024

In GENERAL a verbal contract is worth the paper it is written on.

In the case of real estate however, there is an actual rule called the "statute of frauds" that says 'if it isn't in writing it is not enforceable. So -- your assumption was it was 'joint'...
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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Do i have any legal rights in this situation?

I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More

Brent T. Geers
Brent T. Geers
answered on May 14, 2024

Is your name on the deed? If not, and since you are not married, you may be out-of-luck. If your name is on the deed, then you would have the right to force a sale, which may likely result in the other person writing a check for you for your portion of the proceeds.

This may be harsh, but...
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1 Answer | Asked in Divorce for Michigan on
Q: Can we stop a divorce before the judge signs the final copy?.

The agreement was turned into the court. I called the court and asked the court if we can stop the judge from signing it as both of us want to reconcile our marriage. I did it without letting my lawyer know. I know not a smart decision, now my lawyer is calling me about it. I'm freaking out.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

Not wise, for sure, to call the court without your lawyer. Your lawyer ostensibly wants what you want; did you think he or she would be mad that you want to reconcile? It makes absolutely no difference to him or her.

If the judgment has not been signed, your lawyer - working with the other...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: Do I have a chance to still get shared custody 8 months ago my wife abandoned our home with the kids and got a ppo?

Am I screwed?

On June 11 last year while I was at church my wife abandoned our marital home and took the kids with her, the very next day she filed a ppo with a petition full of lies and false allegations about me physically and verbally abusing her (with no evidence of course) we had a... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

You sound like you are aware this will be an uphill battle. Are you screwed? No! Of big concern is why you haven't seen the kids in 8 months; is that because you never raised this issue with the court or your soon-to-be ex is just not complying with the order? I think with that amount of time... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Michigan on
Q: Re on case papers on a dm case number what does that mean?
James L. Arrasmith
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answered on Jan 21, 2024

In the context of a legal case, "re" on case papers with a docket number typically stands for "regarding" or "in the matter of." It's used to indicate the subject or nature of the case. So, when you see "re" followed by a case number, it signifies that... View More

2 Answers | Asked in Divorce and Immigration Law for Michigan on
Q: I’m on political asylum status residing in MI. Do I need an immigration lawyer to divorce us?

She resides in Florida and I in Michigan.

James L. Arrasmith
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answered on Jan 4, 2024

You may not necessarily need an immigration lawyer to proceed with a divorce, as immigration status generally does not affect the divorce process itself. Divorce proceedings are typically handled under state law, and since you reside in Michigan, you would typically follow Michigan's divorce... View More

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2 Answers | Asked in Divorce and Immigration Law for Michigan on
Q: I’m on political asylum status residing in MI. Do I need an immigration lawyer to divorce us?

She resides in Florida and I in Michigan.

Brian Chase Malone
Brian Chase Malone
answered on Jan 6, 2024

Good Morning,

If you seek to divorce your spouse, your primary attorney filing the divorce should 100% be a divorce attorney; however, if you have concerns about your wife's legal status if she has a pending beneficiary petition, or any other immigration issues at play, I would...
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1 Answer | Asked in Divorce, Civil Rights, Domestic Violence and Legal Malpractice for Michigan on
Q: My lawyer refused to submit my evidence during the entire process. The judge rendered the final "opinion. My husband's

Lawyer filed a clarification and prayer for relief. I need to submit my evidence. Can I do that? Is there a time limit? My final hearing is 1/8/23.

James L. Arrasmith
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answered on Dec 31, 2023

If you believe your lawyer failed to properly represent you by not submitting crucial evidence, this is a serious concern, particularly in a divorce case where such evidence can be critical. It's important to understand your options for addressing this issue.

The possibility of...
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1 Answer | Asked in Family Law and Divorce for Michigan on
Q: I obtained a personal loan under my name so my wife can pay off her credit cards with the agreement she makes the

Payment, she has been making the payment for the last 2 years but now she refuses to continue paying. There is a balance of $15,000 left, can I sue her in court to force her make the payment or refinance the loan in her name

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

Are you contemplating a divorce? You signed an agreement with the bank or wherever else you obtained the loan, promising to make good on it; the bank will continue to look to you for payment, and you will remain legally on the hook for it. It doesn't matter what sort of other agreement you... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Michigan on
Q: My soon to be ex husband has washed our 7yr olds’ mouth out with dish soap, on multiple occasions. What do I do?

In the past month there’s been atleast 6 incidents of him doing this to our child. All because of daily reports from school. He only has our child for a few hrs on Wednesdays and every other weekend. So sometimes it’s from something that happened a week prior.

T. Augustus Claus
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answered on Dec 20, 2023

If your soon-to-be ex-husband has been washing your 7-year-old's mouth out with dish soap on multiple occasions, it's a serious concern that may warrant immediate action. Document each incident, including the date, time, and circumstances surrounding the washing, and gather any evidence... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My wife charged up 2000. In credit card debt after I filed for divorce. Am I responsible for half of that debt?
T. Augustus Claus
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answered on Dec 20, 2023

In Michigan, the responsibility for credit card debt incurred by your wife after filing for divorce may depend on various factors, including whether the debt was accrued for marital purposes or personal expenses. Generally, debts incurred for marital purposes are considered marital debts, and both... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: How can I ensure my husband can not sell our property without my knowledge as I’m not in our title or mortgage.

Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 30, 2023

If you have no interest in the property your 'consent' is not needed to remortgage, sell or otherwise dispose of it. In the recent past when Michigan provided Dower rights to wives, that would not have been the case, but that archaic law has been repealed so, now, you're just a... View More

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
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David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I am trying to locate a legal aid attorney .for divorce

My ex is in for life prison.i am very afraid still and need to break all ties to him.the judge has given me until Nov 4th to serve the paper to him.

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2023

Sounds like you've already filed for the divorce. What you need now to do is serve the paperwork. For someone in prison, that is typically done through the warden of the prison he is housed in. You certainly could look into qualifying for a legal aid attorney, but that person would have to do... View More

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Michigan on
Q: How does marital property work in chapter 13 bankruptcy if only one spouse filed for bankruptcy.

Married in august 2019, brought home September 2019, he filed for chapter 13 bankruptcy in March 2023, he filed for divorce in July 2023

James L. Arrasmith
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answered on Nov 5, 2023

In a Chapter 13 bankruptcy where only one spouse has filed, the individual's portion of marital property can be included in the bankruptcy estate. This means that the debtor's share of jointly owned property may be affected by the repayment plan. The non-filing spouse's separate... View More

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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Michigan on
Q: How does marital property work in chapter 13 bankruptcy if only one spouse filed for bankruptcy.

Married in august 2019, brought home September 2019, he filed for chapter 13 bankruptcy in March 2023, he filed for divorce in July 2023

T. Augustus Claus
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answered on Oct 12, 2023

In Michigan, marital property is divided equally between the spouses in the event of a divorce. However, this rule can be modified by the court based on a number of factors, including the length of the marriage, the contributions of each spouse, and the needs of the children. In the case you... View More

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