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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce for Michigan on
Q: Husband took both vehicles both in his name moved in with gf she drives it he pays how is this right we have 3 kids

Why is it okay for him to pay a truck and van payment for the girlfriend and not be able to pay the van payment for the family vehicle

Scott Marshall Neuman
Scott Marshall Neuman
answered on Sep 6, 2016

You should retain a competent divorce attorney asap.

1 Answer | Asked in Divorce for Michigan on
Q: Can a divorce that has been filed expire or be dismissed without either party knowing?

The 6 month waiting period is complete and my husband has not called to schedule the court date to finalize the divorce. Is there a time limit he has to do this or will it expire and he has to file again. I don't want our marriage to end and I know I can't stop it. He keeps saying he is... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Sep 6, 2016

When there is no activity on a divorce filing the court will eventually place the case on the no progress docket. Notice will go out that will state a date of dismissal if the file remains idle.

1 Answer | Asked in Divorce for Michigan on
Q: been married 5 momths spouse left can i get a annulment or do i need a divorce i live in waldron michigan
Scott Marshall Neuman
Scott Marshall Neuman
answered on Sep 2, 2016

A no fault divorce is the easiest way to end your marriage.

1 Answer | Asked in Divorce for Michigan on
Q: I married my husband about 15 months ago and I want a divorce but he is an immgrate and I wonder how do I go about this!

I married for love but it turn out he married for green card

Scott Marshall Neuman
Scott Marshall Neuman
answered on Aug 22, 2016

I have represented women in several divorce cases that had similar facts. It is an uncontested divorce. You should retain a competent attorney with experience with this type of divorce.

1 Answer | Asked in Divorce for Michigan on
Q: I have been paying alimony for 2 years and I am up to date. I need to pay another 2 years. My alimony is modifiable.

I have been needing a full shoulder replacement for about a year now. I have been stalling on the operation. Well now the pain is so bad I need to have it done. Can my alimony be reduced while I am on sick leave from my job, which would be about 6 months? I am 65 years old and I may roll this... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Aug 17, 2016

The answer is, yes. A motion needs to be filed, notice given to your ex, a hearing date for your motion to be heard, then the judge will decide.

3 Answers | Asked in Divorce for Michigan on
Q: My divorce is active an filed what do i have to do next
Scott Marshall Neuman
Scott Marshall Neuman
answered on Aug 9, 2016

You should retain a competent attorney. The attorney's job is both represent you in all dealings with your spouse and to prepare all necessary documents to properly represent you including drafting a proposed judgement of divorce.

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3 Answers | Asked in Divorce for Michigan on
Q: my divorce was final 8 years ago. as part of my divorce, my ex was to pay half for a car for our son. he is refusing.

what form do i use, and does it go through the foc?

Scott Marshall Neuman
Scott Marshall Neuman
answered on Aug 1, 2016

File a motion to show cause in the Circuit Court.

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1 Answer | Asked in Divorce, Employment Law and Family Law for Michigan on
Q: do QDRO's expire?

I divorced my husband in 1986 where it was in the divorce decree that i am entitled to 50% of his pension. My ex husband died last year. Although he named me as his beneficiary when I contacted Ford regarding his 401K I was informed that I was not the current spouse, he remarried 5yrs ago, and... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Jul 29, 2016

A quadro should not expire. You should bring the QDRO to a competent attorney to review.

1 Answer | Asked in Divorce and Probate for Michigan on
Q: am I entitled to my spouse pension I was married 30 years and have been divorced over 20

my ex-husband died last year. in my divorce decree i was granted half of his pension. when i called ford I was told they were going to remove my name and not honor the court decree as it was too old.

Scott Marshall Neuman
Scott Marshall Neuman
answered on Jul 29, 2016

The answer from Ford doesn't make sense. You need to retain a competent attorney to investigate what is the status of the 401k.

1 Answer | Asked in Divorce and Immigration Law for Michigan on
Q: Can an ex husband lie and say he made a mistake in the divorce papers? He wants to say we never lived together but we di

We lived together for a year in marriage but divorced before the two year mark, but now he says he wants to say that we never lived together so I could get deported, even though he already wrote that we lived together for a year. (I came to the US because of the marriage. It was real). I'm... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Jul 27, 2016

Your question is not clear. Based on your statement of facts that your husband is seeking an annulment. You should consult a competent attorney to review your husband's court pleadings.

1 Answer | Asked in Divorce for Michigan on
Q: divorce with minor child. Spouse cheated maintains the status quo. can I make him pay for the house until the child 18

4 year marriage minor hold douse cheated doesn't live in marital home. I haven't worked in a few years and can not afford the home and likely not an apartment based on the dramatic income levels.

Scott Marshall Neuman
Scott Marshall Neuman
answered on Jul 25, 2016

Unlikely. The status quo usually lasts only until the divorce is finalized. Your marriage is considered by most courts asa short term marriage. That means alimony is unlikely and all that you will be entitled to receive fr your soon ex is child support. Most courts would rule that when neither... View More

1 Answer | Asked in Divorce for Michigan on
Q: while married i purchased a home that is in my name and I paid off the mortgage. Can I keep my house?

I paid off house with my parents inheritance money. its all I have. He has good job with benifits. I have job but pays way less. cant afford apartment.

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

If the money can be traced to your inheritance then you have a strong argument to keep the house. The issue to look at is if there has been an increase in the equity of the house. In certain situations the husband may have the right to 1/2 of the increase equity from the time the house was... View More

1 Answer | Asked in Divorce for Michigan on
Q: I had a default request filed against me in my divorce case and i Dont understand why

The only subject that has been filed is for child support and visitation and i was ok with those terms then a received a packet of papers from her lawyer for a final agreement and i didnt want to agree to some of the terms and 2 days after i received that i received the default request so i didnt... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Jul 18, 2016

If you are in default then within 21 days of the entry, except if stated differently, you must file a motion to set aside the default. The motion must contain a legitimate reason why you failed to show up and secondly present a legitimate argument that states your defenses.

3 Answers | Asked in Divorce for Michigan on
Q: I filed for divorce and dismissed case almost a year ago can I reopen it or have to refile

if we both agree is there something we can do besides a motion

Scott Marshall Neuman
Scott Marshall Neuman
answered on Jul 18, 2016

You must refile your divorce.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: my husband says he wants a divorce. Can I move my son out of MI

I cannot support myself no job and no drivers license I have no family here that can help get me stable can me and my son move out of state to live with family

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

No. Tou may violate the parental kidnapping statute. You must retain a competent attorney

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2 Answers | Asked in Divorce and Child Support for Michigan on
Q: how to prepare for a hearing with the referee tro increase my child support?

what questions can i expect?

what documents should i bring?

Scott Marshall Neuman
Scott Marshall Neuman
answered on Jul 7, 2016

Comply with all the documentation for your income that the instructions of the Friend of the

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can I sell vehicles in my name without my wives approval? My wife and I are separated and she won't help with bills.

I need to sell the vehicles to get a more reliable one. And since she won't help pay insurance I need to drop a vehicle that is why I want to sell both vehicles. And make her get her own.

Scott Marshall Neuman
Scott Marshall Neuman
answered on Jun 26, 2016

The answer is yes, but. Have you discussed the sale with her? If you are separated how do you plan on selling the vehicle? In my opinion you should file for divorce and deal with the vehicle by negotiation with her that will be formalized in writing in the judgement of divorce. Otherwise be... View More

1 Answer | Asked in Divorce for Michigan on
Q: Can my divorce be amended after 3yrs, to add debt to be paid or split by one or both parties

I have a judgement against me because my exhusband had a reposession that I was listed as the cosigner. I handled my divorce myself, which was final in dec 2012, so I didn't think to add that he was responsible to pay this debt and they want money from me now. Can I go back and have that... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Jun 23, 2016

Review the judgement of divorce. There may be some boiler plate language in it that provides that he is responsible for the debt. If it doesn't, the general rule is that a divorce judgement is final and will not be changed unless there was undisclosed assets or fraud.

1 Answer | Asked in Divorce for Michigan on
Q: When does the child support through the friend of the court stop?
Scott Marshall Neuman
Scott Marshall Neuman
answered on Jun 23, 2016

In general, when the child is 18 years old. If the child is still in high school at age 18 it would continue until she graduates.

1 Answer | Asked in Divorce for Michigan on
Q: divorce is final can the ex serve papers asking for half of personal property that wasn't in the divorce in.GA
Scott Marshall Neuman
Scott Marshall Neuman
answered on May 25, 2016

The question seems to be cut off. Was the divorce in the state of Georgia? Did you fail to answer? Was the property located in Michigan? I can only speculate that a divorce judgement was issued in Georgia. The judge in Georgia was able to dissolve the marriage but had no power to issue an order... View More

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