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past when Michigan provided Dower rights to wives, that would not have been the case, but that archaic law has been repealed so, now, you're just a...View More
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
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
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
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
Michigan Divorce was 5/2017 and 401k was part of settlement. However neither of us pursued the QDRO for over 2 years. 2019 I became unemployed at which point I had to access the 401k funds. As a result my x spouse filed a motion and a money judgment was awarded to her for half of the original 401k... View More
Typically, judgment interest accrues from the date judgment is entered. In your case, the judgment that matters is the divorce judgment. The QDRO is simply a mechanism to enforce or effectuate the judgment, so it's date does not matter.
Judgment interest is intended of course to...View More
What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More
I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to...View More
If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we...View More
During a divorce, the rules regarding access to the marital home can vary depending on the specific circumstances and the laws of your jurisdiction. Since the home is in your name and was a gift from your mother, it could potentially be considered separate property rather than marital property,...View More
The judge warned that "lazy" was not a reason for divorce. Additionally, I have been disabled by chronic illness since childhood. This was known to my ex-husband, who had accompanied my parents to 2 major surgeries I had while we were engaged.
In Michigan, the ability to file a defamation or slander/libel lawsuit against an attorney who called you "lazy" during your divorce proceedings may be limited by legal privileges related to statements made within the context of litigation. Statements made within legal proceedings could...View More
I was just thinking about divorce with him but, now I want to sue him for mental, physical as well as financial abuse. I moved from 30 years home town NJ to Michigan 2 years ago just to support he's new job. He hated my entire families and friends and end up I kind of stop talking to them and... View More
Best way to get started is to consult with a local divorce attorney and get the process started. While there is some precedent for suing a spouse for intentional torts, your situation may better support a cause for spousal support.
Keep in mind that Michigan is a "no fault" state...View More
We’re in the process of divorce because he was caught cheating. She’s been around my children because she recognized them at their appointment, which made her realize who I was. My children didn’t recognize her so they didn’t tell me who she was (they’re only 5 and 6 y/o). We’re not... View More
Short of complaining to the pediatrician about the RN - which there may be some ethical violations related to her licensing, and certainly bad business in any regard, but I don't think there's anything else you can do about her. The wrongdoing here is obviously with your husband, and with...View More
Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the... View More
Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes...View More
So what we have discovered is his ex-wife (divorced in 2018) took out a loan of $30,000 in his name and got him to sign the papers. She just told him to sign the papers. He didn't check what he was signing (I've told him how stupid he is) and she co-signed the loan. However, she... View More
My father passed recently and I've come to find that he's not listed on my birth certificate. I need to prove my status as next of kin. I have gone through all Vital Records and public records for the courts (county and probate), for the county I was born in and the county I lived in and... View More
I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... View More
In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,...View More
Other party has lied so many times and switching her story. That now I have to pay for things I don't have any the judge is giving me 45 days. It is not a little bit of money it's over $40,000. I don't even have that much.
Divorce is a civil action heard in courts of equity. To oversimplify things: a divorce is intended to equitably divide a couple's assets and debts. It is common, for example, for one party to pay the other party his or her share of a home's equity that they are keeping.
I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right,... View More
If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:
Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT?... View More
I'm sorry to hear about the difficult situation you are facing. To answer your questions:
Generally, a parent cannot take a child out of the country without the other parent's permission, especially if there is a custody agreement in place. If your husband takes your son to India...View More
He’s Been threatening to take my son to India for his family can raise him,I now think he used me for a green card can he get deported if we divorce??my question is Is this possible for him to steal my son without my permission? 2nd question is If i divorce him will he have to give me spousal... View More
I'm sorry to hear about the difficulties you're facing. To answer your first question, if both parents have legal custody of a child, it is generally not permissible for one parent to take the child out of the country without the other parent's permission. If your husband were to...View More
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