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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce for Michigan on
Q: Have discussed divorce with my wife, need some clarity.

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 »

Brent T. Geers
Brent T. Geers answered on Mar 30, 2020

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.

I know this is difficult to do in the...
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1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: My divorce was finally on aug 6 2019. I got pregnant only weeks after. Will they try n go back on my ex husband?

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.

Kendra Ortega
Kendra Ortega answered on Mar 29, 2020

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 »

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Is it legal to use a lawyer who is a family member in a divorce case and can she keep taxmoney from me
Brent T. Geers
Brent T. Geers answered on Mar 24, 2020

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 »

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: If a divorce gets dismissed what happens to child custody?

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 »

Brent T. Geers
Brent T. Geers answered on Mar 21, 2020

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...
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1 Answer | Asked in Divorce for Michigan on
Q: I know Michigan is a no fault divorce state, my question my husband fathered a child during our marriage. Can I sue her?

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 »

Brent T. Geers
Brent T. Geers answered on Feb 26, 2020

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 »

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a divorce trial coming up. And I was just wondering if I could have witnesses?
Brent T. Geers
Brent T. Geers answered on Jan 27, 2020

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 »

1 Answer | Asked in Divorce for Michigan on
Q: Will I lose my home in a divorce if my son is 18 but still in school?

My husband is not his biological father although we've lived in the home since May 2009.

Brent T. Geers
Brent T. Geers answered on Jan 12, 2020

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.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Can I move out of state with my kids when I just filed for divorce?

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!

Brent T. Geers
Brent T. Geers answered on Jan 12, 2020

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.

1 Answer | Asked in Divorce for Michigan on
Q: My ex wife got a PPO on me. During hearings can I ask her questions on the stand?

I am Pro Per so I am used to asking questions to the other party.

Brent T. Geers
Brent T. Geers answered on Jan 5, 2020

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.

1 Answer | Asked in Divorce for Michigan on
Q: How do I file for a divorce due to the fact I can't pay for it. I have been separated 10 years

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.

Brent T. Geers
Brent T. Geers answered on Dec 13, 2019

Have you looked in to your local legal aid or the self help center in your county's courthouse? Given that you've been separated 10 years, you may not have much grounds for spousal support.

1 Answer | Asked in Divorce for Michigan on
Q: Interested in a free divorce attorney for uncontested divorce with no children.. Any recommendations? Thank you.. Tammy
Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

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 »

1 Answer | Asked in Divorce for Michigan on
Q: Wondering if there are any pro bono divorce attorneys in Bronson or Coldwater, Michigan?
Brent T. Geers
Brent T. Geers answered on Nov 18, 2019

Contact your local legal aid agency. If you qualify, you may be appointed someone. Very few attorneys are willing to take on pro bono family law cases because of the complexity and conflict.

1 Answer | Asked in Divorce for Michigan on
Q: If a buy a home/cabin with my son and get a divorce, does my wife have any rights to that home/cabin?
Kyle J. Bristow
Kyle J. Bristow answered on Nov 4, 2019

Any asset which is acquired during the marriage with marital funds is a marital asset. Marital assets are subject to division should a divorce occur.

You should immediately and privately consult with a lawyer who practices family law if you are considering filing for divorce.

1 Answer | Asked in Divorce for Michigan on
Q: My wife and I have live at the same address for 27 years. Both of our names have been on the deed since 2003.

We have been talking about getting a divorce and she maintains that because the property was deeded to her prior to our marriage, I have no rights to it. What are my rights, please?

Thank you.

mr

Neil Colman
Neil Colman answered on Oct 12, 2019

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 »

1 Answer | Asked in Divorce for Michigan on
Q: How long do you have to be married to qualify for a spouses 401K in a divorce?
Brent T. Geers
Brent T. Geers answered on Oct 9, 2019

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 »

1 Answer | Asked in Divorce for Michigan on
Q: I’m going through a divorce and I was told about the dowry law in Michigan. My final divorce date is in 3 days.

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?

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

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 »

1 Answer | Asked in Divorce for Michigan on
Q: Will I be mandated to pay alimony after a divorce?

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.

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

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.

For all the people worried...
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1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for Michigan on
Q: With no fault divorce thus no crime; how is it that Alimony is awarded since the Michigan Constitution bans slavery.

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 »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

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...
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1 Answer | Asked in Divorce for Michigan on
Q: Can a judge order me to move closer to my kids?

I live a hour and a half away from my kids and soon to be ex. I want to move from my temporary place to a year lease apt. My work is closer where I am at. I have ever other weekend visitations.

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

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 »

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
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.

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