Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce and Social Security for Michigan on
Q: Would you be able to help me with my Ssi I have been denied once case closed and help me get a divorce?

I am legally married in Upstate New York I reside in Kalamazoo MI.. I am homeless and terminally ill please help me

John Joseph Rizzo III
John Joseph Rizzo III
answered on Feb 5, 2018

Have you tried contacting a legal aid provider in Kalamazoo? Please move quickly because of the appeal deadline. Here is a link to one:

https://www.lawestmi.org/location/kalamazoo.

Legal aid should be familiar with both issues and you will want a local attorney to handle the...
View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: My ex is going out of state Chicago to work with her brother for the summer if my daughter stays with me does she pay me

I told her my daughter wasnt going with her

Maureen Martin Caster
Maureen Martin Caster
answered on Feb 1, 2018

You would have to file a motion to change how the child support is paid.

1 Answer | Asked in Divorce for Michigan on
Q: My ex wife refinanced the house using my signature on the paperwork from the bank, without me knowing. Is this legal?

I wasn't present while my name was being used. Fraud, right? Wouldn't the bank be responsible for allowing this to work when I wasn't even involved. I feel I've been seriously taken advantage of.

Maureen Martin Caster
Maureen Martin Caster
answered on Jan 29, 2018

No, it isn't legal. You should contact the mortgage company and the title company.

2 Answers | Asked in Divorce and Real Estate Law for Michigan on
Q: In a divorce, we refinance the house and he assumes the mortgage, will I get anything from the refinance?

I have been married for 10 years and bought our house together. I do not want the house and he wants to refinance on his own and assume the mortgage. Our property we own $189,000 and it has been appraised for 275,000. what would I get from this?

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2018

It depends upon the terms of the property settlement embodied in the judgment of divorce. You believe that there is $86,000 of equity. Perhaps this will be split 50/50, in which case the judgment of divorce should provide for you to receive your $43,000. You need to discuss this with an attorney... View More

View More Answers

1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Michigan on
Q: Husband cheated has left us for the gf. He doesn’t stay over night. He babysit the kids while I go to work on weekends.

My problem is the gf dropped in our house while I go to work or he takes them to her. I had ask him I don’t want her near our home or have her around my kids. We are still married. He has not file for divorce yet. House is going foreclosure, 7 months behind. Most of our bills are behind. He had... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 16, 2018

You can only assert your rights through court order. Go to family court and see if they can help. You probably want to file for divorce and custody.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Divorce for Michigan on
Q: Is filing an uncontested divorce different than a contested divorce?

Trying to file without an attorney. Will I need a settlement agreement. Do I have to deal with friend of the court if it's uncontested and already agreed upon between spouses?

Philip G. Vera
PREMIUM
Philip G. Vera
answered on Jan 10, 2018

The term uncontested divorce relates to whether the defendant in the case will take action to fight against the plaintiff's requests (found in their complaint) or will they just "lay down their arms" for lack of a better term. A settlement agreement is not binding but is useful for... View More

1 Answer | Asked in Child Support and Divorce for Michigan on
Q: I am divorced since 2015. My ex-husband does not help with 22 and 18 year living expenses, they are both in college.

I paid college, health insurance and anything else they need like car tabs, etc... Can ex-husband be responsible for helping with cost?

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2018

Depends on what the judgement of divorce says. If he was ordered to pay child support, and he did, I doubt that he has any legal obligation to help cover the expenses you describe.

1 Answer | Asked in Divorce for Michigan on
Q: My sister and her husband live in Grand Rapids, MI. They have been married since 2000. He is a doctor and she is a stay

at home mom to 11/13 year old boys. He controls all the money, and when they fight he often takes away her credit card to support the house. She has her own checking acct, to which he adds money to, so that SHE can pay school, music classes, etc by check.

Our mom recently passed away.... View More

Brent T. Geers
Brent T. Geers
answered on Jan 4, 2018

Your question involves probate and family law. Given the current situation, it certainly would be rise for her to open a separate account in her name only for purposes of receiving the inheritance. Should they get divorced, each parties's assets will be at issue - I certainly wouldn't be... View More

1 Answer | Asked in Divorce and Real Estate Law for Michigan on
Q: In MI. Does the party that loses the house in the divorce, but is still on the loan and title, have to sign if refi done

The current resident is wanting to refinance the loan to remove the other party who is remarried and no longer a resident from the loan and title.

David Soble
PREMIUM
David Soble
answered on Dec 30, 2017

Generally when it comes to a divorce and real estate, the terms of the divorce decree (as agreed to by the parties and signed by the judge) prevail. Usually the divorce decree will state how the real estate is to be split between the parties. The provisions will often set a time for the property... View More

1 Answer | Asked in Divorce and Civil Rights for Michigan on
Q: How many years do you have to be separated to be considered Divorced in MI
Brent T. Geers
Brent T. Geers
answered on Dec 29, 2017

If you are legally married (i.e. have a certificate of marriage on file with the state), then you are married until you are divorced. You may live apart forever, but you'll still be legally married.

1 Answer | Asked in Divorce for Michigan on
Q: My husband has a court order to sell our house but is not doing it. Is he in contempt of court?

If so what does that mean for him?

Brent T. Geers
Brent T. Geers
answered on Dec 29, 2017

You would need to file a motion to enforce the judgement first; then he could be found in contempt.

1 Answer | Asked in Child Support and Divorce for Michigan on
Q: Do u take into consideration previous children that dont live in the home or pay support for when setting new support?

My soon to be ex husband has 3 boys that live with their mom...my husband was just arrested for assaulting me and she doesnt want him near the boys. No support order for them. How will that factor in when setting support for my son? Is his income still reduced to account for them?

Neil Colman
Neil Colman
answered on Nov 22, 2017

These would be his stepchildren, correct? If so, they don't come into play. He's not entitled to any set-off or credit, as he has no legal obligation for the support of those children (they're not his biological children).

1 Answer | Asked in Divorce for Michigan on
Q: I have been served with divorce papers in the state of Michigan. Do I have to remain at residence until divorce is final
Neil Colman
Neil Colman
answered on Nov 20, 2017

That depends. If there are minor children involved and your intention is to move with the children, most courts would not permit it without first obtaining the court's permission/order. If there are children and the move would be without the children, you need not remain in the residence. I... View More

1 Answer | Asked in Divorce and Real Estate Law for Michigan on
Q: How much does it cost on average to get your ex spouses name off of a mortgage after signing quitclaim deed and divorce?

My ex-wife had went to the court of Appeals and was able to modify the Judgement of Divorce so that I would have to pay 1/2 the cost of getting my name off of her mortgage. I received a bill from her father stating that my half is $4400. From the looks of it they are getting a new mortgage and... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 19, 2017

What did the Court of Appeals order say exactly? You should consult with your appeals attorney about this to get a full answer, but I can take a stab at things.

ONE way to get your name off a mortgage is to refinance, get a new mortgage and pay off the old one.

ANOTHER would be for...
View More

1 Answer | Asked in Divorce for Michigan on
Q: Ex spouse told judge he's no longer in military lied He owes me a portion of bonus What form & how to word request?

I am unsure how to write an intelligent request for proof of seperation from the military (he's still in the military) or proof he did not qualify (he did)

It is a large sum of money for me. About $20.000.

Very nervous to be on my here and worried I waited too long. Last court... View More

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2017

For $20,000 - or a portion thereof - it would be well worth your effort to retain a local family law attorney. You do not want to miss out on this because you made a procedural error or relied on website advice.

1 Answer | Asked in Divorce for Michigan on
Q: Husband and I both agree that we want to divorce papers have been filed and now he needs to be served

If husband agrees to sign acknowledgment of service paper does it need to be notarized or can it be filed as is. I'm located in Detroit Michigan

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2017

The signed acknowledgment as directed on the appropriate SCAO form would suffice. Best practice - especially if you two no longer reside at the same place - is to have a professional process server do it. This will save hassle down the road if your agreement turns into a disagreement and he alleges... View More

1 Answer | Asked in Divorce for Michigan on
Q: If my husband and I both agree we want to divorce what should we do
Brent T. Geers
Brent T. Geers
answered on Oct 27, 2017

You will first need to be sure which county you need to file in. Once that is determined, many courthouses have self-help centers or can otherwise guide you to the appropriate forms you'll need.

Fair warning: you both should be 100% sure that you two are in agreement on everything -...
View More

1 Answer | Asked in Divorce, Family Law and Identity Theft for Michigan on
Q: How to remove my name off my ex husband's credit cards? how to transfer 401K from ex into my account?

I have been divorced since 2015. Prior to the final divorce proceedings, my lawyer and myself called the credit card companies and made sure my name was off these credit cards. The divorce papers mention to be off all credit cards that previously had me as a joint owner or user. Recently, I... View More

Brent T. Geers
Brent T. Geers
answered on Oct 25, 2017

Are you and your ex on speaking terms? If so, you should confront him with this new listing to see what he says. It could be an old card that he thought your name had been removed from, and the error lies with the credit card company itself. If not, you may want to contact the credit reporting... View More

1 Answer | Asked in Divorce for Michigan on
Q: Do I have to continue to pay all of the household expenses once I filed for a divorce
Brent T. Geers
Brent T. Geers
answered on Oct 23, 2017

Your question would be the subject of temporary orders issued shortly after you file for a divorce. A lot depends of what is going on, whose house it is, who will continue to live there, what bills need to be paid, and the capacity of both parties to pay those expenses.

1 Answer | Asked in Divorce and Real Estate Law for Michigan on
Q: I'm on a mortgage with my daughters mother. We've never been married, I moved out 4 years ago. She won't refiance and

I no longer make payments. If she someday sells (with my consent clearly) - will I be entitled to any profit- due to the liability I've had to keep? I know my only option is to sue her to force the refiance or sale- that's just money to be burned and can take YEARS to accomplish?... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2017

Unless your name is also on the deed (I would assume it is if you entered this deal jointly), she doesn't need your consent to sell. Of course, as you correctly point out, your hands are tied as to making her sell the property.

With a mortgage, you and her are in a tough spot. Banks...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.