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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Michigan on
Q: my husband and i separated a year and half ago, January 29, 2016. do I have to include him on my new health insurance
Neil Colman
Neil Colman
answered on May 23, 2017

If there is no divorce action pending, or there's no Preliminary Injunction if an action is pending, there is no requirement to keep him on your policy. However, you should let him know so he can obtain coverage to avoid penalty under Affordable Healthcare Act.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Michigan on
Q: My wife and i got into an argument and i called the cops. I wasn't to drop the charges.

There are picture evidences of her slashing my tire, minor cuts on me. I also threw away some of her wardrobe stuff since i knew i couldn't touch her. She talked too much to the cops that she did it. I know she didn't mean it. I was scared. But i don't want her to have no problems.

Neil Colman
Neil Colman
answered on May 9, 2017

Generally speaking, once police respond to a domestic violence scene and charges are then filed, you, as the victim, become only a witness. You have no control over dropping the charges. Then again, whether you may be able to drop the charges could depend upon where you live. You can always contact... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Can my daughter father take phone privileges away from her talking to me?

We met with the FOC mediator in 2013 and were told that she can call me nightly at 7:30 pm, but when I requested the paperwork for this, it's not in my file, his step mothers best friend is our caseworker. He has threatened for a long to stop letting her talk to me. On March 28th he told me I... View More

Neil Colman
Neil Colman
answered on May 3, 2017

When you met with the FOC mediator, was it one of the FOC referees? Was there a statement of this agreement recorded by the FOC or the mediator? If so, you can order a transcript of what was stated on the recording. Short of that, you should consider retaining the services of an experienced and... View More

1 Answer | Asked in Divorce, Family Law and Landlord - Tenant for Michigan on
Q: Can I change the locks on my house before I file for divorce in michigan. I am the only one on the lease
Neil Colman
Neil Colman
answered on May 2, 2017

Not necessarily. Assuming he has the address on his license, that would be his legal residence, regardless of whose name the lease is in. You would be using self help and creating a constructive eviction. The proper thing to do is file a motion for exclusive possession of the residence once the... View More

1 Answer | Asked in Divorce, Family Law and Immigration Law for Michigan on
Q: How can I contact a Judge if I cant attend to a trial in Detroit. Im in Austria

I was 1,5 years in Plymouth area with my husband and son. I filed there for divorce, have a trial today where I can not attend bc I took my son and went to Austria to take care about the house what me and my husband took a big dept on it. Now he will file to bring my son back to USA. we have a... View More

Neil Colman
Neil Colman
answered on May 2, 2017

The only thing you can do is to contact the court by telephone and explain the situation to the Judge's clerk to see if the court will adjourn the matter to another date. How long have you been in Austria? Shared parenting time does not mean you can take you child out of the country unless his... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: How do I get out of default being served divorce papers. I didn't know custody was part of our divorce agreement.

I was served divorce papers and didn't contest our divorce we both want it. I did not know our custody was part of that because it never said on the papers. So I got served default papers, is there a way to amend that since he wants to keep my children from me?

Neil Colman
Neil Colman
answered on May 1, 2017

When did you get served with the divorce paperwork? A divorce action addresses all issues including property settlement, custody, parenting time, as well as spousal support (alimony). The summons you were served with states that you have 21 days in which to file an answer to the Complaint for... View More

2 Answers | Asked in Real Estate Law and Divorce for Michigan on
Q: I have owned my house free and clear prior to marriage. Can soon to be ex husband fight for that house?

I have owned my house since 2010 free and clear no mortgage. Got married in 2014 my name is the only on on the deed to the house. Can my soon to be ex husband go after my house and get anything from it. No improvements have been made on the home since 2010.

David Soble
PREMIUM
David Soble
answered on Apr 18, 2017

Your question is really a question for a divorce attorney. Property settlement is determined by both parties and of course a judge. In short, if he has any financial claims against you, he may be able to request some of your equity in the home.

Good luck,

David

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2 Answers | Asked in Divorce for Michigan on
Q: Ex spouse took out bank note 3 weeks after judgement it was to be sold and split evenly.

I have the judgement papers clearly stating this and also have the bank note in which only he signed! How can he get away with this and how can i sell my half of interest with him having a note on it?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 1, 2017

Assuming that the judgment you mention was a judgment of divorce, and assuming that you were represented in that divorce by an attorney, you need to consult with that attorney as to whether the bank note violated the judgment of divorce.

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1 Answer | Asked in Divorce and Real Estate Law for Michigan on
Q: Ex wife and new husband live in home but I remain on the mortgage. How can I be removed from that mortgage?

I have requested since 2007 that they refinance home without me being envolved. I have paid and removed all liens on the home as well.

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 23, 2017

Without seeing your judgment of divorce it is going to be hard to answer this question usefully. You should seek out a local divorce / real estate attorney to determine what you need to do to get things enforced. WORSE case scenario, you may need to go back to the divorce court to clarify the... View More

1 Answer | Asked in Divorce for Michigan on
Q: Divorcing wife can she demand alimony and the house?

I have been married for 3 years. I have one daughter with my wife and she has two 2 from previous relationships before we married. The only source of income is from what I make because she hasn't worked in 5 years. I literally pay for everything and everything is in my name. If we divorced she... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Dec 8, 2016

All such considerations are subject to case law and negotiation. I suggest you retain an experienced competent divorce lawyer.

1 Answer | Asked in Divorce for Michigan on
Q: Bn married for 28 yrs wife left now i hv all bills to pay i am disabled with ms can i get alimony from her n divorce
Scott Marshall Neuman
Scott Marshall Neuman
answered on Nov 28, 2016

It depends o. The income of your spouse.

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: How do I find the paper work to Amend my divorce?

I have three children and my ex-husband (their father) is $3000 behind on his support and I have full custody. He does not see the kids at all. He still gets to claim the kids this year, so I would like to change it so if he's more than 4 weeks behind he can not claim them the following years.... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Nov 21, 2016

Try writing it up as a motion and filing it in your divorce court. I'm not sure if such a motion would be granted.

1 Answer | Asked in Divorce for Michigan on
Q: If me and my husband have 50-50% custody,when I make 60k and my husband make 80k plus benefits,

is there a chance for me to get child support money from him??I leave in Michigan and my husband filed a divorce case.

Scott Marshall Neuman
Scott Marshall Neuman
answered on Nov 9, 2016

Yes. If one parent makes less in a shared custody arrangement than the other the support tables do require child support to the lower income parent.

1 Answer | Asked in Divorce for Michigan on
Q: Do I include my previous divorce and child support case number on the divorce forms I am filing now for 2nd marriage?

Barry county Michigan uncontested 1 minor child.

Scott Marshall Neuman
Scott Marshall Neuman
answered on Oct 13, 2016

Depending on the form's question the answer is yes

1 Answer | Asked in Divorce for Michigan on
Q: : I feel I was not properly represented by my lawyer in my divorce case. what can i do
Scott Marshall Neuman
Scott Marshall Neuman
answered on Oct 8, 2016

It depends on whether your attorney incompetence was such that with another attorney a different result would have occurred. This standard is difficult to prove. You should set up a consultation with an attorney that specializes in family law malpractice.

1 Answer | Asked in Real Estate Law, Divorce and Tax Law for Michigan on
Q: My ex wants me to keep the house but only his name is on the loan. Can I just take it over? Is it best for me to refi?

We are trying to get all our ducks in a row before we file. Both our names are on the house, but only his name is on the loan and he wants me to keep the house. He has a conventional loan and I read that a simple assumption may not be an option with those loans. Am I able to just take over the... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Sep 21, 2016

If he is willing that his name remains on the mortgage while he signs a quit claim deed to you and he relinquished all rights on the house in the final judgement of divorce, then if you continent making the payments there is little chance that the mortgage company would find out. If the mortgage... View More

2 Answers | Asked in Divorce for Michigan on
Q: Husband left 4 weeks ago - married 6 yrs. He makes $65K and I make $22K. No kids. Will I get spousal support?

Don't own our home been living with his parents. I am 18 yrs older than him and my health is not good. I have stage 3 sarcoidosis and work as much as I can. I do NOT want a divorce. I am worried about my future if it happens though. He pays for almost everything - car, phone, insurance,... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Sep 20, 2016

Yes. You should qualify for child support.

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1 Answer | Asked in Divorce for Michigan on
Q: Defendant files a motion to dismiss for wrong jurisdiction in a divorce case and Plaintiff files a stipulated dismissal

The stipulated dismissal contains false statements. How does defendant respond?

Scott Marshall Neuman
Scott Marshall Neuman
answered on Sep 20, 2016

If the proposed order contains false statements then an objection should be filed with the court.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Chances of 50/50 w/ current 25/75 court order w/ mom as primary? Previously agreed (not court order) 40/60- went awesome

Just completed court ordered 50/50 summer time custody- went great. After dad asking to stick to 50/50 for school year mom went back on previous non court ordered agreement to every other Wed-Sun night. Court order is every other Fri-Sun. Would like to know chances of 50/50. Would like on minimum... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Sep 20, 2016

Without approval of the other parent, to change a custody order you would have to prove by clear and convincing evidence that such a change is based on the best interest factors of the child.

1 Answer | Asked in Divorce for Michigan on
Q: I made a mistake when filling out the Summons and Complaint for my divorce. Can I amend the S&C? How would I do so?
Scott Marshall Neuman
Scott Marshall Neuman
answered on Sep 20, 2016

As a matter of course, one amendment within 14 days after serving the defendant or within 14 days after serving the pleading if it does not require a responsive pleading. MCR 2.118(A)(1).

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