Even if he doesn't have a job the court can impute income to your husband to determine his child support obligation. If he fails to pay that amount then he would be subject to the full array of methods available to the court to force him to pay. That includes incarceration.

Yes. The procedure is to send the Complaint for Divorce to his last known address. When it is returned then you can file a motion for alternative service with the court. Usually the Judge will order that notice be published in a newspaper in the city of the last known address for a period of... View More

This is a public record, and public records are reviewable by the public. What someone says in pleadings is public record. Most attorneys, however, recognize that it is public and say the bare minimum in pleadings and motions. Laypeople do not, and they frequently rant on for pages about... View More

No, it appears that you don't have to get her formally served with process if she will sign the acknowledgment of service.

Yes, they can. Especially if the offer is a reasonable offer.

Kelly G Lambert III

You can file for divorce - and you can file in the County that you live in (if you have lived there longer than 10 days). On the Summons, it will ask if there have been any previous actions - you will need to list the case number, court and judge of the case that was dismissed.

The Summons must be served on the other party within 91 days of filing. There is no waiting time to serve the other party.

From the date the action was commenced, which is July. However, depending on the Court's docket, it could be longer. Also, depending on the Judge/Court, a portion of this time could be waived if agreed to by both parties and the Judge finds there is compelling reason to do... View More

You might have passed the deadline to request Default. I would suggest that you go to the Court, and find out if the case has been dismissed for inactivity. If it has, then ask the procedure to reinstate. If it has not, then ask if the Court has the forms to proceed with a Default.

However,... View More

You need to contact an attorney in Texas. The advice that you received regarding responding to the Texas paperwork could only work if you filed here in Michigan as well. Then the states would have to determine who has jurisdiction. However, since you resided in Texas, and he filed first, then it... View More

You may be able to get help from your county's Friend of the Court (FOC) unless you opted out of Friend of the Court services. You should call them and tell them that you husband is not paying the child support or spousal support that was ordered by the judge. FOC has some very powerful... View More

If you are filing for divorce, you are right to get a divorce attorney. Look for someone local--someone who practices in your county. Make sure the attorney you hire practices family law for a good portion of his/her practice. And it's also important to be sure you feel comfortable with the... View More

This is one of the many problems of not having a lawyer handle your divorce. What do you do when problems arise? You should consider finding yourself a good lawyer. If you husband sold true marital property, your attorney may be able to get you a settlement to get the value of half of the value... View More

Getting proper legal representation is the most important thing you can do to assure that you get visitation (now called "parenting time") with your children. The most important question regarding the kids is custody. This is different than visitation/parenting time. After custody is... View More

You say "divorce agreement." I assume you mean a Judgment of Divorce. It may be possible to get the Judgment of Divorce amended. How difficult this will be depends on whether your ex-spouse agrees to amend the Judgment of Divorce. If s/he does not agree, it may be difficult. It also... View More

In Michigan, there are specific grounds for annulment. There are two sets of marriages that can be annulled in Michigan: those that are "void" and those that are "voidable." Marriages that are void are those that are illegal: the parties are related or one/both are already... View More

If you have an attorney, contact your attorney. S/he will probably bring a "motion" in court before the same judge who granted your divorce to require your ex-wife to sign the quit claim deed on the property in question. You may want to look at your judgment of divorce to see if it... View More

A court speaks to the public through its orders. What an order of dismissal for non-service says to the public and to the parties to the law service is that the case was dismissed because one of the parties was not adequately 'served' or given 'notice' with the pleadings in... View More

There are several factors that go into property division in Michigan. You should speak with a lawyer about this issue. Many attorneys offer a free consultation for you to confidentially discuss your particular circumstances.

Without reading your judgment of divorce, there are several factors that a court must take into consideration to permit a "move away." You should contact a lawyer who can review the judgment of divorce and advise you about the D'Onofrio factors.