Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Divorce Questions & Answers
1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
PREMIUM
David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

2 Answers | Asked in Divorce and Family Law for Michigan on
Q: I’m looking for a motion to modify divorce decree, but not pertaining to child support, custody, or parenting time

I need to file a motion to amend my divorce decree post finalization. I’m in seek of the proper form needed to file this motion. Thank you.

James W. Kraayeveld
PREMIUM
James W. Kraayeveld
answered on Nov 21, 2024

Most court's have a physical legal assistance center that you can visit or you can always visit the Michigan online assistance center: https://legalassistancecenter.org/

View More Answers

1 Answer | Asked in Divorce for Michigan on
Q: Woman on Social security needs divorce. He kicked her out 1.5 years ago. She can’t afford lawyer. Can’t get medicaid

No kids. No shared property. He won’t cooperate with any of her Medicaid forms. She needs Medicaid nursing home level of care.

Brent T. Geers
Brent T. Geers
answered on Oct 31, 2024

Contact the legal aid office in the county she is located in. They can help her file the necessary paperwork, and she almost assuredly qualifies.

1 Answer | Asked in Divorce for Michigan on
Q: Can my ex wife come after my estate for continued alimony

This pertains to my estate after I .

Brent T. Geers
Brent T. Geers
answered on Sep 6, 2024

Depends on how the judgment is written.

1 Answer | Asked in Divorce for Michigan on
Q: Divorce does normal divorce papers mean I have to leave my home

I was served divorce papers the server told me I had 2 hrs to pack and leave the house if I came back a PPO wld be served do I have to leave the house just normal divorce papers was served.. I don't see anything stating a time period for me to leave, there is not form stating I must leave.

Brent T. Geers
Brent T. Geers
answered on Aug 27, 2024

Ordinarily, no. But best check with an attorney now that you've been served.

1 Answer | Asked in Divorce for Michigan on
Q: What if my car is in my spouses name

I am in the process of filing for divorce. The car I drive and pay for is in his name. Should I try to sell it back to dealer, or leave him with the responsibility And buy a new one, or wait until the car situation comes up in the proceedings?

Brent T. Geers
Brent T. Geers
answered on Aug 14, 2024

If divorce proceedings have started, it's generally unwise to do anything with assets or property at this point until determined by agreement or the court.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: What are implications for child support/custody? I am from Ontario and the mother is from Michigan?

Does it matter where the child is born? We live together in Michigan currently.

Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

It matters greatly and particularly where the child lives as that establishes jurisdiction. It sounds like that would be Michigan for you, which means Michigan courts and law will apply.

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Michigan on
Q: After a 23 year relationship/ engagement. Not married. I'm I intitled to file for sweat equity if we separate? Thanks mi

She says everything we paid for that's in her name she will take because we're not married but ingauged for 23 years

Brent T. Geers
Brent T. Geers
answered on May 16, 2024

Unfortunately, there is no such thing as sweat equity here. Being engaged is not a legal status. What's her's is her's and what's your's is your's.

1 Answer | Asked in Divorce and Landlord - Tenant for Michigan on
Q: Is it legal for an apartment complex to tell my husband I am renting from them?

My husband and I live in Michigan and are considering divorce. I went to an apartment complex to sign a lease for a new place. His cousin works there and saw me. He called my husband later that day to tell him I signed a lease. I have yet to talk to my husband to share this news yet. I’m... View More

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2024

It's not illegal. Whether the apartment complex has an internal policy about their employees (e.g. the cousin) disclosing information is a separate question that you can address with the apartment complex.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Other than the summons and complaint which papers do I serve my ex. Very overwhelmed
Brent T. Geers
Brent T. Geers
answered on Mar 21, 2024

See if your county or courthouse has a legal assistance center that can advise you on this. In many places, a packet of papers are available complete with instructions.

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Can a parent get custody if they don't have a job or a drivers license?

My husband is saying he is keeping the kids and getting full custody of our kids because I don't work and don't have a drivers license. I do everything for our kids, and all the housework. He also says he isn't paying child support because he already pays child support for his other... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

That's not how child custody works. If it were, a lot of people would not have custody. The court determines custody based on the best interest of the child factors.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I have a question about removing a non biological father from the birth certificate in Michigan

Me and my girlfriend at the time were both at the end of getting divorced? Before the divorce was finalized my girlfriend ending up getting pregnant and delivering our daughter. Since she was still married to another man legally his name was put on the birth certificate. He lives in Texas and... View More

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2024

You will likely need to file a motion in the family court with jurisdiction here in Michigan. Preferably, you can have the non-biological father stipulate to the set of facts.

1 Answer | Asked in Divorce for Michigan on
Q: If wife is keeping the house during a divorce, would judge require me to keep my name on the mortgage for 1-2 years?

4 minor kids involved. Her lawyer says my name would have to stay on the mortgage for at least one year even tho I’m leaving and she keeps house. This doesn’t sound correct at all

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

Hard to say without a lot more information. Do you have a lawyer? You should ask him or her; there are very few "yes/no", "right/wrong" answers in family law.

1 Answer | Asked in Divorce for Michigan on
Q: I live in Michigan. I'm going to be gone through divorce and once we split up our finances am I able to buy a different

House for me and my son without my soon to be ex-husband having any legal rights to it

Brent T. Geers
Brent T. Geers
answered on Nov 15, 2023

Yes, you would once the divorce is finalized.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I am trying to locate a legal aid attorney .for divorce

My ex is in for life prison.i am very afraid still and need to break all ties to him.the judge has given me until Nov 4th to serve the paper to him.

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2023

Sounds like you've already filed for the divorce. What you need now to do is serve the paperwork. For someone in prison, that is typically done through the warden of the prison he is housed in. You certainly could look into qualifying for a legal aid attorney, but that person would have to do... View More

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Michigan on
Q: How does marital property work in chapter 13 bankruptcy if only one spouse filed for bankruptcy.

Married in august 2019, brought home September 2019, he filed for chapter 13 bankruptcy in March 2023, he filed for divorce in July 2023

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2023

In Michigan, marital property is divided equally between the spouses in the event of a divorce. However, this rule can be modified by the court based on a number of factors, including the length of the marriage, the contributions of each spouse, and the needs of the children. In the case you... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Does interest on a post divorce related money judgment accrue from the divorce date or judgment date?

Michigan Divorce was 5/2017 and 401k was part of settlement. However neither of us pursued the QDRO for over 2 years. 2019 I became unemployed at which point I had to access the 401k funds. As a result my x spouse filed a motion and a money judgment was awarded to her for half of the original 401k... View More

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2023

Typically, judgment interest accrues from the date judgment is entered. In your case, the judgment that matters is the divorce judgment. The QDRO is simply a mechanism to enforce or effectuate the judgment, so it's date does not matter.

Judgment interest is intended of course to...
View More

1 Answer | Asked in Arbitration / Mediation Law, Divorce, Legal Malpractice and Libel & Slander for Michigan on
Q: Can I sue my divorce lawyer for deformation? She reached out to opposing consule and threatened I was going to call CPS.

I reached out to my lawyer to ask her advise and I specifically said no I could never call cps on him. I had no clue she then turned around and threatened his lawyer that I was prepared to call cps on him. I had no idea of this till after my divorce was over. This lead to a spiral of events during... View More

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2023

Unlikely. If you found out only after the divorce was finalized, how would you 1) prove she in fact did this, and 2) it caused you some damage, considering as part of the settlement, you made a record that you were satisfied to a certain extent with the outcome.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Divorced 50/50 custody. Got a drunk driving almost 3 years ago and now he is taking me back to court about this. Can he

What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More

Brent T. Geers
Brent T. Geers
answered on Sep 13, 2023

I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Michigan on
Q: Can I use my own recordings of conversations between my ex-wife and I in Michigan court if she did not give permission.

Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants.

I also told her numerous times I was recording all of our interactions to serve as a blanket statement.

She is consistently threatening to intentionally violate our... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.