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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce for Michigan on
Q: I married my husband in Florida & reside in Michigan, married 1 year, divorcing, am I entitled to his pension
Brent T. Geers
Brent T. Geers
answered on Jul 18, 2022

Perhaps some (small) portion of it, yes. The divorce process divides the marital estate: the assets and liabilities incurred during the marriage - which is generally from the date you were legally married. The longer you are married, the more there is to divide of course.

1 Answer | Asked in Divorce for Michigan on
Q: Divorce case was dismissed due to not filing default. Is there a motion that can be filed to reopen. Ex sent answer late

I filed for a divorce. The case was dismissed because I didn't file a default against my spouse. I submitted the default form but I didn't submit the supporting documents because my spouse submitted a response, though not within the 1st 21 days. Is there a form that can be filed to reopen... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 13, 2022

Would your ex agree to re-open and complete the process? There is a court rule that provides a mechanism to do this, but it requires adherence to strict time deadlines. Courts follow those timelines closely, and when your time's up, your time's up. The alternative is of course to re-file... Read more »

1 Answer | Asked in Divorce and Immigration Law for Michigan on
Q: Can divorce from US citizen affect my immigration status as green card holder, my wife wants divorce and threaten me

hi, I'm a permanent resident with 10-year green card through married to US citizen. We are married for 6 years and have 4-year-old daughter. My wife now wants divorce and threaten me to file against me to USCIS to revoke my green card is that possible? can she do anything to affect my... Read more »

Yohan Zingile
Yohan Zingile
answered on Jul 8, 2022

If you entered your marriage in good faith and not for the purpose of getting immigration benefit (which USCIS assesses before granting you the green card), your green card card is legitimate. Any threats with purpose of having you being removed is not founded. In addition, by filing a petition on... Read more »

3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Michigan on
Q: What happens to a revocable land trust when is terminates/expires?

I am a co-trustee on a revocable land trust originally designed to generate cash for our children's education. Neither child needed it for that purpose. Our divorce agreement states it will terminate upon our youngest turning 30. It does not specify what happens at termination. I am not aware... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 30, 2022

We would need to see the trust agreement to determine whether the property reverts to the grantor(s), or whether title vests in the beneficiaries. If the trust is still revocable (because the grantor(s) are alive, the grantors could revoke the trust and own the property as they choose. There is... Read more »

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1 Answer | Asked in Divorce for Michigan on
Q: How long do I have to hold my soon to be ex wifes stuff at my mom's house in michigan, she chose to leave and moved out

Been 3 weeks and she has been told multiple times

Brent T. Geers
Brent T. Geers
answered on Jun 21, 2022

Is the divorce finalized? If not, this issue needs to be addressed in court.

1 Answer | Asked in Divorce for Michigan on
Q: During our marriage this home was foreclosed on and listed on the market an investment group bought the balance from the

Bank then offered a new mortgage low rate and payments for 40 years sign and stay in the home or move out .we of course stayed that was a number of years ago

My question is the home now considered " communal" property ?

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2022

Not sure what you mean by "communal" property, but it certainly is an asset and debt of the marriage for divorce purposes.

1 Answer | Asked in Divorce for Michigan on
Q: Ex-wife received alimony after remarriage without disclosing and has a vehicle she can't afford.

My boyfriend's ex-wife was receiving alimony which was to cease after remarriage. She got married in April and did not tell my boyfriend so she collect a month's of alimony falsely. Because he immediately stopped paying alimony, she didn't pay the car note, that he is a co-signer on,... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 7, 2022

Possibly yes to both parts. File a motion regarding the overpayment and file a motion regarding the car.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Divorce for Michigan on
Q: There is a typo in my divorce final judgment. It read the defendent shell pay the defendent a sum
Brent T. Geers
Brent T. Geers
answered on May 19, 2022

If you had an attorney, you should go back to them to see how best to address it. It would of course be up to either party to ask the court to enforce any of the provisions, and until that time, it may not be much of an issue. Still, if it's in error, it should be corrected. And sometimes it... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Hello, does the judge have access to my medical records to confirm my miscarriage in a divorce ?

My divorce is on hold due to pregnancy now confirm that we have miscarried it has been rescheduled, I want to be prepared, do I have to bring paperwork for my miscarriage or does the judge have access to this?

Brent T. Geers
Brent T. Geers
answered on May 18, 2022

A judge does not have independent access to anything, nor will they research or confirm evidence not presented. I would assume it's indisputable (meaning that your ex isn't going to say you're lying about this)?

1 Answer | Asked in Divorce for Michigan on
Q: How do I see what the MCL 700.281- 700.292 are

I'm trying to file for d and I have no money to hire an attorney and I have no idea what I am doing

Brent T. Geers
Brent T. Geers
answered on May 18, 2022

Most county courthouses have some form of a legal assistance center that can provide you all the forms your need and generally explain how to complete the process. Go there. I can tell you if you are looking to file a divorce and looking into MCL 700.281, you are way off the mark.

1 Answer | Asked in Divorce for Michigan on
Q: Regarding abuse of discretion

This is what the judge said to my ex-wife at the ruling of the division of property, "don't worry you'll come out on top, he'll die before you, he's in bad health and smokes" after I was not allowed my witnesses because my ex-wife said one of them talk to his wife on... Read more »

Brent T. Geers
Brent T. Geers
answered on May 9, 2022

It's impossible to say without reviewing the complete transcript to determine context. Also, without know what the judgment of divorce says, it's impossible to tell if the judge abused his or her discretion.

In most divorce situations, the parties walk away with approximately...
Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Can my new ex-wife kick me out of the house?

Newly divorced (April 15th). Marital house was to be refinanced in wife's name and I was to get a lump sum for my share of the house. Refinance was completed this past Friday but I have not received my money yet. She is trying to kick me out immediately even though we had Previously agreed on... Read more »

Brent T. Geers
Brent T. Geers
answered on May 2, 2022

She would need some court intervention, which is unlikely to happen before the 28th. What does your judgment say exactly? If it's just to refinance within a certain time, then the delay in paying you, I don't believe, will keep her from having you move.

1 Answer | Asked in Child Support and Divorce for Michigan on
Q: Which one of the working and non-working parents that gets physical custody?
Brent T. Geers
Brent T. Geers
answered on Apr 29, 2022

Google "best interest of the child factors" to learn more about what factors a judge considers in determining custody.

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: Do I have to pay 100% of child support if it's joint custody or really not having to pay child support?

I'm the only working parent and the only one that can give our 3 kids full benefits. I would like to have physical custody of the kids. I am currently trying to file through as an uncontested divorce.

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2022

Child support will be determined through the divorce proceeding. Having the majority of parenting time plays a large role in determining who pays and what amount.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: If I have a pending divorce with no custody agreement, can I leave with my child for 6 weeks for work out of state?

I have a pending divorce case with no child custody agreement as of now. I have a job opportunity in Colorado for 6 weeks and it would help my career tremendously by taking it. I am wondering if I can leave for 6 weeks with my child so she can be with her grandparents and I take this opportunity in... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 27, 2022

Take your attorney's advice. That's what you are paying him or her for. And it sounds like your lawyer is spot-on. You could potentially hamper your entire case with your proposed action.

A divorce has been filed and the court now has jurisdiction over the child. Do not do...
Read more »

1 Answer | Asked in Divorce for Michigan on
Q: Can my ex continue to receive my benefits from work even though we're divorced?

I have not told my employer that I am divorce.

Brent T. Geers
Brent T. Geers
answered on Apr 15, 2022

If you are legally divorced, then no, your ex should not be able to receive benefits from your work. But how is the employer supposed to know that if you don't tell them you're divorced?

1 Answer | Asked in Divorce for Michigan on
Q: I got married to only find out I was still married to a previous spouse. The divorce for the first one is going.

And the 2nd one was as well, I wasn't aware that you were able to marry if already married and I wanna get this all over with and behind me.

Brent T. Geers
Brent T. Geers
answered on Apr 15, 2022

What is this issue? It sounds like you are in the process of two divorces. It's ultimately up to each person to know whether they are married to another. I'd be curious to know what led you to believe your first divorce was final. I assume you do not have an attorney, and you very much need one.

1 Answer | Asked in Divorce for Michigan on
Q: Could a married person obtain a marriage license to marry someone when they're already married?
Brent T. Geers
Brent T. Geers
answered on Apr 13, 2022

No. Not without penalty.

1 Answer | Asked in Divorce for Michigan on
Q: How can anyone or myself find if my Ex has married someone when we're still legally married?

I suspect she is with someone else.

Brent T. Geers
Brent T. Geers
answered on Apr 13, 2022

You can check public records in the county they are located in.

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