Get free answers to your Divorce legal questions from lawyers in your area.
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
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.... View More 
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... View 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?
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... View 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.
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... View More
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... View More
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... View More
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.
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... View More
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.
do to be able to see my daughter before anything is filed
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... View More
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.
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.
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?
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.
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... View More
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... View More
Is there anything i can do
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.
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... View More
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... View More
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.
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... View More
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... View More
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.
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.
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
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.
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.
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.
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... View More
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... View More
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.
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