Get free answers to your Divorce legal questions from lawyers in your area.
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
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
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.
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
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.
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
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.
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
answered on Dec 10, 2018
Best thing to do is to have a local attorney take a look at what you wrote.
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.
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.
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.
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 ?
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.
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
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
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
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
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.?
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... View More
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.
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
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
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... View More
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.
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
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.
We are going to be separating soon as I have the money
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
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
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.
answered on Feb 15, 2018
Unless there is an order preventing this....Yes, she can.
The house was quit claimed to me after our marriage. Does that change things?
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.
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.
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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