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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce for Michigan on
Q: I have only been married a year. The house is in my husband's name and he is saying I can't get the house. Is this true

Also, many guns we're acquired during the marriage, they are in his name. It was OUR money that bought them. Can I get the value of them?

Neil Colman
Neil Colman
answered on Oct 12, 2017

With a marriage of 1 year you might be lucky to get 50% of the value of the guns you claim were purchased during the marriage. What happens when he asks you for 50% of the value of the clothing you may have purchased during the marriage with joint money? What is the ratio of your respective... View More

1 Answer | Asked in Divorce for Michigan on
Q: My husband and I rent a home together where both names are on the lease. If I file for divorce, does he have to leave?

I have been married 12 years and have recently discovered my husband has been having inappropriate relationships with other women. We rent a home together. I do not have a retainer fee to pay for an attorney. I am ready to file for divorce, but I am worried he will not leave the home when I ask... View More

Neil Colman
Neil Colman
answered on Oct 11, 2017

In my opinion, there is nothing you can do to make him leave if he doesn’t honor your request to leave. The fact that he is having inappropriate relations is not a basis for a court to require him to leave.

1 Answer | Asked in Divorce, Child Custody and Family Law for Michigan on
Q: not divorced worried about kids

my husband has not even filed for divorce and has moved in with his girlfriend and has my children staying there. My 10 year old is not comfortable with this and has stated this to her father and to her counselor. Do I have any legal help on my side?

Neil Colman
Neil Colman
answered on Oct 9, 2017

Unless you do something about this, I'm not quite sure he will. You are the one who should be filing a complaint and seeking a divorce. There is nothing the police or you can do, as there are no court orders in place that are enforceable. Consult with an experienced family law attorney to get... View More

1 Answer | Asked in Divorce for Michigan on
Q: My husband filed for divorce and has a court date for this mo. What if he doesnt have me served with anything before?
Neil Colman
Neil Colman
answered on Oct 4, 2017

I'd still contact and consult with an experienced family law attorney. Your husband can claim you were served by merely filing a document that says you were served. That could happen if he is representing himself. If he's represented by an attorney, I don't think a false claim of... View More

1 Answer | Asked in Divorce for Michigan on
Q: how can I obtain a free copy of my marriage certificate?

I got married in Lucas County, Ohio and I was wondering how to obtain a free copy of my marriage certificate?

Neil Colman
Neil Colman
answered on Sep 29, 2017

I don’t think anything is free today. Bests thing to do is contact Lucas County Clerk and make inquiry about who to contact to obtain a copy of your certificate.

1 Answer | Asked in Divorce, Family Law and Immigration Law for Michigan on
Q: K1 visa, married, we have a child together and now he wants out

I came here on a k1 visa. My husband and I are together for 5 years, married for 2 years. We have a child together that recently turned one year old. We decided for me to be a stay at home mom while my husband works fulltime. We argue so much and things get ugly. We tried marriage counseling but my... View More

Michael Hugh Carlin
Michael Hugh Carlin
answered on Sep 26, 2017

Did you ever apply for a green card? If you did, does your green card expire in 2 years, or in 10 years? I suggest that you consult directly with an experienced immigration attorney to go over the details of your case, and to plan a path forward. Best wishes to you!

1 Answer | Asked in Divorce for Michigan on
Q: My wife and I are divorcing and she has been a stay at home Mom for 9 years. How do I figure out spousal support?

We are divorcing without lawyers and court but it feels like the spousal support is crazy high

Neil Colman
Neil Colman
answered on Sep 25, 2017

You either come up with an agreement and prepare the appropriate court order, or the Judge will decide at trial. I believe both of you will be doing a disservice to yourselves by proceeding without an attorney. It's not as easy as you might think to process this through the court, especially... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Do i have any right if there is a court order that say the child is to reside with his mother and she does not live at

The same address

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2017

Generally, both parties to a custody or support case are required to keep the Friend of Court notified of address changes. Even if that hasn't happened, that alone does not negate an order.

1 Answer | Asked in Divorce for Michigan on
Q: been separated from wife 15 years. We own no property and our child is 31 years old. Can I file for a uncontested

divorce online?

Brent T. Geers
Brent T. Geers
answered on Sep 24, 2017

In Michigan, there is no such thing as an "uncontested" divorce (or one filed and completely entirely online). That said, it's entirely possible for one person to file for a divorce unopposed by the other person - this is what is commonly called an uncontested divorce. Eyes wide... View More

1 Answer | Asked in Divorce for Michigan on
Q: After a default is filed in an uncontested divorce with NO children, how long before Im finally free
Neil Colman
Neil Colman
answered on Sep 14, 2017

Assuming all the paperwork has been properly filed and procedures properly followed, one is able to get a divorce in Michigan 60 days from the date the action is filed. It's a pretty short process assuming everything is properly done. Better off consulting an attorney if it's your desire... View More

1 Answer | Asked in Divorce for Michigan on
Q: 60 day divorce, uncontested, with minor children. Possible in Michigan?

My ex and I agree on everything and know the marriage is over. We've been split for 6 months and he just filed 2 weeks ago. We'd both like to get this over with so we can move on and heal. Is it at all possible since we have minor children?

Neil Colman
Neil Colman
answered on Sep 12, 2017

The statutes provide for a 6 month waiting period when minor children are involved, as you obviously know. Depending upon where you live and the policy of the Judge to whom your case has been assigned, it might be possible to have a portion of the waiting period waived, but there must be a... View More

1 Answer | Asked in Divorce and Child Custody for Michigan on
Q: I'm a father to my 2 year old son and I feel he's in danger can I keep him from his mom until we go to court
Brent T. Geers
Brent T. Geers
answered on Sep 4, 2017

Is there a standing court order? If there is, or if there is not, you cannot unilaterally decide to keep your child from his mom without a court order. If you feel that your child is in danger with his mother, you need to possibly seek an ex parte order from the court. This can be done quickly... View More

1 Answer | Asked in Divorce for Michigan on
Q: Parenting time/Morality Clause question

Live in Michigan. I have have been seeing my girlfriend for over a year. Ex wife, me, marriage was over years before that. Finally had divorce finalized in June. Girlfriend and I are getting married this month. Will we have a problem with the clause in my decree that states, "the children... View More

Neil Colman
Neil Colman
answered on Aug 27, 2017

Being married, in my opinion, is not contemplated and should nullify that dumb provision.

1 Answer | Asked in Divorce for Michigan on
Q: If I'm divorcing my husband and he counterclaim do I have to answer his counterclaim?
Brent T. Geers
Brent T. Geers
answered on Aug 21, 2017

It's best that you do. Why not? Unless it goes to trial, the complaint(s) and answer(s) are about all the information a judge can consider in a case, so you should consider answering as another opportunity to advance your cause.

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: my wife filed a ppo on me for no reason and will not let me see my children after we split, locked me out of house??

I'm 34 years old. On friday she came home to me talking with a friend and proceeded to call police. There was no arguments and she assualted my friend but made me leave for 48 hours. I went to return to my home after those 48 hours and she changed the locks. She also will not let me see my... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2017

Short, to the point, answer: you'll need to motion the court to terminate or modify the PPO, and consider filing a divorce complaint. Those are two, distinct, processes.

1 Answer | Asked in Divorce for Michigan on
Q: Can i file for divorce right now in Michigan if i just returned here after living in Florida for the past 7 months?

We are not military.

Lived in Michigan our entire 27 year marriage with the exception of the past 7 months.

Neil Colman
Neil Colman
answered on Aug 7, 2017

Did you change your address to a Florida address? The law provides that you must be a resident of the State of Michigan for 6 months prior to filing a divorce action and 10 days in the county where the case is filed (either the county where you or he/she lives).

1 Answer | Asked in Divorce and Child Support for Michigan on
Q: wife wants $1,000 a month wants me to put it in writing so that it will help her get a house

It's all I can do right now to make ends meet how my going to come up with an extra thousand dollars besides that she's been sleeping around for the last 8 months with 5 different guys and we're still married so does that affect child support cuz that's adultery

Neil Colman
Neil Colman
answered on Aug 6, 2017

Is there a divorce case pending right now? If so, I strongly suggest that you hire an experienced family law attorney to represent your interests. What she wants does not mean that is what she'll get. Infidelity has no bearing on child support, as child support is based on the number of... View More

1 Answer | Asked in Divorce for Michigan on
Q: Decree reads: it is further ordered that the defendant is awarded the 2008 Dodge Caliper free and clear of any claim

Of the Plaintiff and the defendant will assume any and all liabilities or indebtedness.

? The Plaintiff gave a key to said car and had it taken in the middle of the night from defendant home. Is this illegal? Can I have her arrested?

Neil Colman
Neil Colman
answered on Jul 26, 2017

Whose name was the car titled in? The Judgment controls, even though title may be in Plaintiff's name. Can you prove she took the car? Do you know who took the car? If someone other than the Plaintiff took the car at Plaintiff's request, there's nothing you can do to the third party,... View More

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Michigan on
Q: I am divorcing my husband of 37 years, he's been given the opportunity answer discovery questions

His answers are incomplete and erroneous, can he get contempt of court for answering falsely? If he leaves out assets are they automatically given to me in the divorce?

Neil Colman
Neil Colman
answered on Jul 6, 2017

Since you said your husband has given false answers to discovery questions, I'd suggest you contact your attorney and ask her/him the consequences.

1 Answer | Asked in Divorce for Michigan on
Q: I'm going through divorce after 12yrs of marriage I did not work. My weekly budget was 1,100.is 250.00a wk for 1 year

A reasonable amount to ask for spousal support in Michigan

Neil Colman
Neil Colman
answered on Jun 5, 2017

Not enough information. Spousal support depends on a number of factors including the incomes of the parties. It's possible $250 per week may be too little. But without more historical information concerning your marriage and current circumstances, one is not able to answer your question.

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