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Michigan Divorce Questions & Answers

1 Answer | Asked in Divorce for Michigan on

Q: Do I have to declare I have had legal advise from a lawyer if my spouse and I are starting the divorce process?

Brent T. Geers answered on Sep 10, 2019

Not necessarily. But if your attorney drafts anything, Michigan's Rules of Professional Conduction requires the attorney to include a notation that it was drafted by an attorney.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on

Q: I have left my wife and we have a 2 1/2 year old daughter. my soon to be EX is keeping our daughter from me. What can I

do to be able to see my daughter before anything is filed

Kenneth V Zichi answered on Jul 25, 2019

To answer the specific question, 'make your ex talk with you to consent to something'. In other words there is nothing YOU can do before filing. It takes consent of both you and your ex.

Hire an attorney to represent you and either file a complaint for divorce or answer the complaint your...
Read more »

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Michigan on

Q: Where does a mother of 3 go to seek financial help with a divorce in Ionia County, MI? Husband has been abusive, also.

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.

Brent T. Geers answered on Jun 18, 2019

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.

1 Answer | Asked in Divorce for Michigan on

Q: Do I file a divorce with minor kids or without minor kids?

My ex and I have a almost 1 year old but he is currently placed with my parents under a guardianship. Since we don’t have him do I file a divorce with minor children or without minor children?

Brent T. Geers answered on Jun 12, 2019

Good question, but I believe you'll need to file divorce with minor children. A guardianship is not the same as having had your parental rights terminated.

1 Answer | Asked in Divorce and Family Law for Michigan on

Q: My husband's biological kids are in foster care currently, placed with his mother. Can a judge force me out of our home?

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 »

Brent T. Geers answered on May 15, 2019

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 »

1 Answer | Asked in Divorce for Michigan on

Q: My ex husband announced his girlfriend is 5 months pregant right After divorce final

Is there anything i can do

Brent T. Geers answered on May 6, 2019

Probably not. Michigan is a no-fault state.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on

Q: How difficult is it to petition the court to move out of state with my 16 year old?

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.

Laurie Schmitt answered on Apr 30, 2019

CHANGE OF DOMICILE AND THE 100 MILE RULE

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?

Before you decide...
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3 Answers | Asked in Bankruptcy and Divorce for Michigan on

Q: Bankruptcy and Divorce?

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 »

Thomas. R. Morris answered on Apr 24, 2019

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.

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2 Answers | Asked in Consumer Law, Divorce and Real Estate Law for Michigan on

Q: Ex wife did not refinance loan for house from divorce and mortgage just increased $10,000 w/o my sig. Is this legal

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 »

Trent Harris answered on Apr 22, 2019

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 »

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1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on

Q: My sister husband was cheating on my sister for over a month. Will he be sentenced for what he did?

It was a prostitute he would pay to have sex with her while my sister was at work and her kids at school and while my brother was at work.

Brent T. Geers answered on Apr 17, 2019

Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.

1 Answer | Asked in Family Law, Child Support and Divorce for Michigan on

Q: Divorced 1 yr, joint custody, I pay CS. Ex's pay has increased and we now have same salary. Can I request CS mod in MI?

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

Brent T. Geers answered on Apr 8, 2019

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.

1 Answer | Asked in Divorce for Michigan on

Q: Wife moved out. How long do I have to wait to move girlfriend in with kids involved?

Brent T. Geers answered on Apr 1, 2019

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.

1 Answer | Asked in Civil Litigation, Contracts and Divorce for Michigan on

Q: Can a finance company come after me for auto loan when divorce decree States ex is solely responsible?

During pre-trial today finance companies attorney told me divorce decree is not legally binding. Also stated they already received judgement from EX on the auto loan.

Brent T. Geers answered on Mar 5, 2019

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 »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Michigan on

Q: My husband has anger issues and has been getting increasingly worse.

Most recently, he exploded at my two children (from my first marriage- ages 9 and 11) to the point that they are afraid to come back to our home. (I share custody with my first husband and they are currently staying with him) He yelled at my son (11) that he would "knock him the f**k out". I am in... Read more »

Brent T. Geers answered on Feb 3, 2019

Yes, but PLEASE see a local family law attorney immediately. There are legal and practical consequences to consider that an experienced and skilled family law attorney will know and advise you on.

1 Answer | Asked in Divorce for Michigan on

Q: How to prove that due process of law was afforded to petitioner of divorce proceeding in a foreign country?

Brent T. Geers answered on Jan 12, 2019

I'm not sure how this would relate to a proper proceeding here in Michigan. It will depend on the laws of that particular country. "Due process" encompasses a lot, but in a very general sense, it involves proper notice and the opportunity to be heard. If that took place under the relevant laws of... Read more »

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Health Care Law for Michigan on

Q: My estranged husband dropped me from his health coverage while I am under a doctors care. Do I have any legal recourse?

I left the marriage due to domestic abuse and adultery. I snuck away with nothing but my clothes and car, while he was at work. I have been homeless since leaving the marriage but at least I am now safe. He makes a 6-figure income and is in a high-profile position for the City of Battle Creek. I... Read more »

Brent T. Geers answered on Jan 12, 2019

You will need to get about the business of filing for divorce quickly to fully resolve this issue. You may be entitled to free legal assistance considering your financial status and domestic violence allegations.

1 Answer | Asked in Divorce for Michigan on

Q: If we separate and I move to another county and file divorce and then I decide to move back will my file be nulified?

I moved to washtenaw county to a friends basement and lived there for 13 days and filed for divorce in Washtenaw county. I am having . difficult time helping out with my son and am considering moving back to Wayne county. If I move back before the divorce is finalized, will they change my venue... Read more »

Brent T. Geers answered on Dec 26, 2018

Short answer is no without some other intervening factors. Jurisdiction and venue are established with 180 days in Michigan and 10 days in the county you file in. Once filed, you can move, however, the other party could also try to move the case.

2 Answers | Asked in Divorce and Tax Law for Michigan on

Q: Divorce 2/2018. Ex has rec'd notices re: taxes owed for 15 & 17. he is self employed, i'm not. He says i'm liable.

Filed MFJ 4/2018 per decree. I have my taxes taken out of my payck. He is self employed and owner of business and doesn't have them come out. We owed State and city taxes which were paid. Now he is saying we owe more and because we were married when they were incurred I should be responsible... Read more »

Neil Colman answered on Dec 13, 2018

What does your Judgment provide? If they were joint returns and not addressed in the Judgment, you may have to go back to court in an attempt to get clarification. The government is not a party to your divorce. Therefore, both taxpayers are liable if not addressed in the Judgment.

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1 Answer | Asked in Divorce for Michigan on

Q: Hello, I have been served Complaint for Divorce papers from my spouse along with judgment of divorce paperwork. I am

filling out my Answer To Complaint/Counterclaim paper using the tookit from the michiganlegalhelp.org. My question, I agree with most of the paragraphs my spouse wrote in her Complaint for Divorce but I have a few things I would like to add/modify. I currently listed these under "Other Statements... Read more »

Brent T. Geers answered on Dec 10, 2018

Best thing to do is to have a local attorney take a look at what you wrote.

1 Answer | Asked in Divorce for Michigan on

Q: Is there a period I have to be separated to file for divorce?

Brent T. Geers answered on Dec 8, 2018

No period of separation is required. Michigan does have a jurisdictional requirement that the person filing for divorce lived in Michigan for the last 180 days, and in the county in which you'll file for the last 10 days.

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