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Michigan Divorce Questions & Answers
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
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... View 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... View More

Brent T. Geers
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... View More

Brent T. Geers
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... View More

Neil Colman
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... View More

Brent T. Geers
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
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.

1 Answer | Asked in Divorce for Michigan on
Q: I make 927 a month disability, I need a divorce lawyer.

My husband of 27 years says he is done with me, he is going to see an old flame on monday for lunch, he talks to her all the time. I have Mild Cognative Impairment, and it's getting worse. I need a good divorce lawyer, to get half his pension and half the house.

Brent T. Geers
Brent T. Geers
answered on Oct 15, 2018

Your first call in the morning should be to your local legal aid office. You may be eligible for an attorney to represent you for free.

Depending on the specific facts of your case, getting a portion of his pension and the house equity is standard.

1 Answer | Asked in Divorce for Michigan on
Q: I have 14 and 18 year old children I move into my own apartment to get away from my wife so that I can start the divorce

Process, I had to leave,I still take and pick my kids from school and pay half of all the Bills and she makes more money than I do ,is this considered abandonment cause I left the home ?

Brent T. Geers
Brent T. Geers
answered on Oct 15, 2018

Short answer: no. You may have an issue if you would ask for exclusive use of the marital home, but otherwise, you appear financially and emotionally engaged.

1 Answer | Asked in Divorce for Michigan on
Q: Ex wife currently lives in the home, I pay all the bills per the court. She just ordered for exclusive home access.

She pays nothing. I left on my own and we are still going through the divorce process. She just asked for exclusive rights to the home. So now I cannot access my home where we interact with the child at. And now if she needs anything fixed, I cannot do it because of this. Some of my things are... View More

Brent T. Geers
Brent T. Geers
answered on Oct 10, 2018

If the court order is for exclusive use, then yes. Were you also ordered to continue paying the bills? Exclusive use has nothing to do with who is paying the bills, but often times judges will order that the person staying in the house is financially responsible, at least in part. Read the court... View More

1 Answer | Asked in Divorce for Michigan on
Q: I’m having trouble with ex husband giving me papers I need.

I have insurance for myself and my insurance is saying that my ex husband insurance is still listed as my primary. I haven’t been on it since 2013. My insurance company says he has to be the one to ask his insurance company for the paperwork that states I’m no longer covered. But he won’t do... View More

Brent T. Geers
Brent T. Geers
answered on Oct 10, 2018

Have you tried calling his insurance company directly? Or the human resources department at his employer if the insurance is through them? Your judgment of divorce should stand for any questions they might have to confirm. If that doesn't work, and you are unable to get cooperation from him,... View More

1 Answer | Asked in Divorce for Michigan on
Q: why does Michigan consider all actions during a divorce to be civil infractions and police do nothing about it.

At a time of divorce all things become marital assets. Yet if my husband stops my health insurance that is under his pension plan from Michigan public schools why is that now considered a civil infraction and the police do nothing.?

Brent T. Geers
Brent T. Geers
answered on Oct 2, 2018

Police enforce criminal laws. There is a civil process to get the relief you need, which is exactly what the police will tell you to do.

An attorney would likely have requested an order prohibiting your husband from cancelling your insurance during the pendency of the divorce. I take it...
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1 Answer | Asked in Divorce for Michigan on
Q: I can’t afford an attorney and Iam trying to get a legal separation, my child is at risk? Iam on social security help.

I called legal aid they will not help me? They tell me that my husband and I have a conflict in interest. I need help fast before he takes my child. Iam also wondering if I can leave the state with my child, we may end up having no other option. I have help in another state.

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2018

I am unsure what they mean by a conflict of interest. It sounds like they may already be working with him, which would mean that they would be conflicted out of helping you. Many courthouses have a legal assistance center or other location where you can obtain a self-help packet. Check with your... View More

2 Answers | Asked in Bankruptcy, Divorce and Foreclosure for Michigan on
Q: Complex Foreclosure on 2nd mortgage/divorce/bankruptcy question

Ex-Husband and I divorced in 2007 and divorce decree stated that I got the house and would assume the mortgage payments. The deed was transferred to my name. The mortgage was in his name only and he had taken out an $11,000 2nd mortgage against it in 2004. The first mortgage is not in default as I... View More

Trent Harris
Trent Harris
answered on Sep 22, 2018

Although bankruptcy discharged your ex-husband’s personal liability for the 2nd mortgage, it would not have gotten rid of the lien. Yes, the scenario is possible. You would also need to pay the 2nd mortgage to avoid foreclosure on the lien.

A state court judgment wouldn’t have the...
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1 Answer | Asked in Consumer Law, Contracts, Divorce and Animal / Dog Law for Michigan on
Q: I've owned my ex girlfriends dog for 5 months. She wants him back now that I have a new girlfriend. What can I do?

He's licensed to her but she isn't his caregiver and doesn't take care of him. He lives with me. My new girlfriend and my family love him.

Trent Harris
Trent Harris
answered on Sep 18, 2018

I guess it depends on why you were allowed to keep the dog after you broke up with ex-girlfriend. Did she tell you you could have the dog? Or was the dog with you temporarily, with an understanding that she could have it back? You said you’ve “owned” the dog for 5 months, which implies... View More

1 Answer | Asked in Divorce for Michigan on
Q: My parents have custody of our children and now we want a divorce. Do we file for a divorce with or without children?
Brent T. Geers
Brent T. Geers
answered on Aug 7, 2018

We would need to know more about the exact circumstance and reason why you say your parents have custody of your children. Is it by court order or simple agreement? The answer to that will determine how to file, but almost assuredly, you'll probably need to file for a divorce with children.

1 Answer | Asked in Divorce and Real Estate Law for Michigan on
Q: how to stop my husband from transferring or selling his part of a land contract he co own with friend

We are going to be separating soon as I have the money

David Soble
PREMIUM
David Soble
answered on Apr 21, 2018

Until several years ago, you could withhold waiving your 'dower rights" and he would have had a difficult time making a transfer without you. However, the law has changed and unless you have a court order either in a divorce action or under another theory of ownership, it is very unlikely... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex got the house in the divorce, 13 years ago but she will not put it in her name, i want my name off

50000 is left on that house and its still in my name she cant get it in her name because of poor credit please help

Brent T. Geers
Brent T. Geers
answered on Apr 5, 2018

What does your judgment of divorce say? Sometimes there are provisions related to refinancing. You may be able to motion the court ("motion to enforce judgment") to order the sale of the house or some other equitable remedy.

1 Answer | Asked in Family Law, Child Custody and Divorce for Michigan on
Q: Can my wife leave our home and take our daughter with her?
Maureen Martin Caster
Maureen Martin Caster
answered on Feb 15, 2018

Unless there is an order preventing this....Yes, she can.

1 Answer | Asked in Divorce for Michigan on
Q: I want to divorce my husband and need to know if he has any legal rights to my property. I own the house outright.

The house was quit claimed to me after our marriage. Does that change things?

Maureen Martin Caster
Maureen Martin Caster
answered on Feb 13, 2018

If the property was owned prior to the marriage but did appreciate in value, the appreciation in value is divided.

1 Answer | Asked in Divorce for Michigan on
Q: Divorce. My wife owns the house but we both live there for years. Do I have any legal rights to the equity.

I understand new Michigan law changed, and I do have legal rights to the house. She seems to think she can kick me out at any time, because the house is in her name,, and yes she did purchase the house originally.

Maureen Martin Caster
Maureen Martin Caster
answered on Feb 6, 2018

As long as you are residing in the marital home, she can't kick you out without a court order. She could get one in the divorce case or file an eviction. You do have a right to 50% of the equity earn on the home during the marriage.

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