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Michigan Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: if one party has a lawyer wouldn't the lawyers namme and number be on all court paperwork?
Brent T. Geers
Brent T. Geers
answered on Jul 17, 2023

Yes. That doesn't necessarily mean they are not working with a lawyer; it just means that an attorney hasn't officially entered an appearance with the court and so to the court, the person is unrepresented.

1 Answer | Asked in Divorce for Michigan on
Q: A friend is going through a divorce. Her husband said he's going to file papers against me to stay away from her & kids

Can he do that

Brent T. Geers
Brent T. Geers
answered on Jun 5, 2023

Can he file? Yes. Will it be granted? Hard to tell. Generally any restrictions would involve the kids.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Michigan on
Q: >Can I go for forfeiture, based of Criminal law During a civil case(divorce). or do I need to file a criminal case.<

located in Michigan. I'm currently in a divorce( i was granted exclusive rights to the home for the duration of the divorce due to a PPO against my husband). My husband has sold the martial home that was actively disputed in court. To his brother-in-law that he's currently living with,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 4, 2023

1) You need to discuss this with your divorce attorney. There are many options available to you, and the divorce judge can craft something in the judgment to make you whole, and sanction your husband if he really did something underhanded.

2) INDIVIDUALS cannot generally charge criminal...
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1 Answer | Asked in Divorce for Michigan on
Q: Can my soon to be ex-husband refuse to give me my vehicle that is just in my name during the divorce process?

He defaulted on my summons for divorce. The agreement was what his is his and what is mine is mine. I have since filed the default request and entry and a motion for the judge.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2023

The summons is not a court order. You are doing the right thing by now filing for a default and entry of proposed judgment. Once that is complete, you can take steps to get the car back through enforcement of the judgment.

1 Answer | Asked in Divorce for Michigan on
Q: Hi I'm terrie an im trying to help a friend out im doing research divorce.he wants the house she only wants it to sell i

She told him she's just gonna sell it he really wants it but thinks he can't afford it alone an she can't afford it either can he stop her from keeping it just to sell it

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

If they are getting divorced, and neither can afford the house on their own, I think the logical conclusion would be to sell the house and split the proceeds.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: Filing a uniform child custody jurisdiction enforcement act affidavit, what do I have to provide

I want to ask for a temporary order to have legal custody until the divorce is finalized. What do I have to attach to the document?

Brent T. Geers
Brent T. Geers
answered on Feb 2, 2023

Download a copy of MC 416 from the State Court Administrator's Office website. That will tell you all the information you need to submit.

1 Answer | Asked in Divorce and Legal Malpractice for Michigan on
Q: If I had requested to fire my attorney (private), and the judge denied it without letting me give probable cause, can

my divorce be null and void since I was forced to comply with the divorce decree under duress? My Lawyer was known for making motions. He filed only 1 in my case and he wasn't even present for it. I was so poorly represented and my lawyer was doing nothing to help me, even though I sent... View More

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2022

No, it will not nullify your divorce. Was it a consent judgment or did you go to trial?

As an aside, being "known for making motions" isn't necessarily a hallmark of quality lawyering.

1 Answer | Asked in Divorce for Michigan on
Q: This is what my Judgement of Divorce states. “Unless specifically provided in the property settlement, if one party is

, if one party is beneficiary of a life insurance policy or annuity on the life of the other party, the beneficiary shall now be the estate of the insured party. The insured party is responsible for notifying the insurance co. of this order. This order shall not prevent or affect beneficiary... View More

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

No. It's standard language. He can, and should, change his beneficiary designations, as should you.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: My ex makes me do all drop off and pick up.

The custody order does not specify who is responsible for pick up or drop off. She refuses to be helpful for pick up or drop off. If I pick up my son, and state that she is able to come pick him up whenever she can, is that illegal if she has majority? I am not telling her she cant access him I am... View More

Brent T. Geers
Brent T. Geers
answered on Nov 5, 2022

You will need to address the issue with the Maryland court if there is no agreement on the issue.

1 Answer | Asked in Divorce for Michigan on
Q: Need paperwork for an annulment filled out. Both in agreement. Didn’t know he had a vasectomy before we married.

Need this done ASAP. Married May 2022. Never lived together. Do not have children together nor any assets together. Just want paperwork filled out properly and as fast as possible to get annulment finalized.

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

There's a 60-day waiting period for this to be finalized anyway. Best advice would be to contact a local family law attorney who is familiar with how your court and the judges do things.

1 Answer | Asked in Divorce for Michigan on
Q: My husband filed for a divorce on July 18th I was served on July 20th he then stated that he never submitted his

Paperwork into the court because he still wanted to be married. Now he is being supena to go to court on October 24th

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2022

He can file a dismissal with the court at any time.

1 Answer | Asked in Divorce for Michigan on
Q: My son’s ex wife lied during the divorce, saying she was not pregnant. She was 4 months pregnant.

He agreed to pay alimony. She is now living with the father of her new child. Does my son have any legal recourse being that she lied. It also proves she committed adultery. My son does not feel he should have to pay alimony to provide for her new family.

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2022

Possibly. He should retain an attorney to look into post-judgment relief.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can we apply for/sign a Marriage license in Michigan if we are Common Law Married in Colorado?

My husband and I declared ourselves married while living in Colorado back in 2016. We have since moved to Michigan and have decided to finally get around to having a ceremony. This will be more a renewal of vows but someone brought up signing a marriage license, since we don't have one. Is... View More

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

Interesting question! Have you been filing taxes jointly? As you probably already know, but for others' benefit who may come upon this question, common law marriage is a legal form of marriage in some states. Michigan does not allow for common law marriage, but does recognize marriages legally... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I plan to file for divorce once I move out. If I file for divorce, the house we live for 18 years would have to be split
Kyle J. Bristow
PREMIUM
Kyle J. Bristow
answered on Sep 21, 2022

Marital assets need to be divvied up in a “roughly congruent manner” during a divorce case. Real property acquired during the marriage constitutes a marital asset.

If the parties can’t agree as to the value of the house and who should keep it in exchange for buying out the other...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Moving to another state to file divorce?

I am currently in a terrible marriage and would like to get divorced (living in MI) but i have no where to go or any financial support other than my family who lives in UT, my plan is to move to UT with my child and file for divorce, is there a certain way i should start this process?

Kyle J. Bristow
PREMIUM
Kyle J. Bristow
answered on Sep 21, 2022

You should immediately and privately consult with a lawyer in Utah to inquire about the state’s requirements to file for divorce. Many states have a waiting period for new residents before someone can file for divorce. Also, if your spouse has no connection to Utah, then an Utah court would not... View More

2 Answers | Asked in Divorce for Michigan on
Q: How do I get an error corrected in my Divorce Decree?

Dear Justia Lawyer,

My Divorce Decree wrongly states that my Maiden Name should be restored to me. My Maiden Name is xxx. My Married Name is yyy. The Judgement of Divorce should state that my Maiden Name, xxx, should be restored to me. The Judgement of Divorce was signed in Dec. 2007 in... View More

Kyle J. Bristow
PREMIUM
Kyle J. Bristow
answered on Sep 21, 2022

The easiest way to correct this issue would be to draft and submit a proposed consent order to amend the judgment. This would require your ex husband to sign the same. Due to the age, however, of the issue, the judge may not agree to sign the order. If this is the case, then you should consider... View More

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1 Answer | Asked in Divorce for Michigan on
Q: My fiancé and I bought a home with my money. We are now married and selling the home. She wants half the equity check.

We bought the home in may of 2021 with my money. We married in October 2021 and selling our home in October 2022. Is she entitled to half of the equity check?

Brent T. Geers
Brent T. Geers
answered on Sep 16, 2022

Quite likely, yes. Once you married, and she moved in, your house became "our house".

1 Answer | Asked in Real Estate Law and Divorce for Michigan on
Q: My wife and I are separating. We refinance our house last October 2021. I signed even though her name is on the mortgage

We have lived in this house for 18 years. I plan to file for divorce once I move. I have paid half the mortgage and utilities since 2004. Contacted the court today and found out she use a Lady Bird Deed? She put her niece on it. My question is am I a homeowner as well even though her name is on... View More

David Soble
PREMIUM
David Soble
answered on Sep 5, 2022

A lady bird deed is only effective upon death, and so your wife could only deed out her interest in her portion of the property at the time of death. It has no effect during her lifetime. Even though there is a ladybird deed, a court will likely divide the property interest equally between both... View More

1 Answer | Asked in Divorce for Michigan on
Q: If a attorney was denied attorney fees in court, can he try to get them again from another judge 6mon later
Brent T. Geers
Brent T. Geers
answered on Aug 31, 2022

Very fact-dependent, but yes. Attorney fees are possible under a specific court rule, statute, or by agreement. When criteria is met, the request can be made. And it's not uncommon for some attorneys to ask repeatedly when they believe they have appropriate grounds.

1 Answer | Asked in Divorce for Michigan on
Q: Can a verbal settlement agreement for divorce that was in front of the judge on record be changed?
Brent T. Geers
Brent T. Geers
answered on Aug 13, 2022

No. A verbal agreement made on the record has the same effect as if in writing. Sometimes, there may be a dispute about the fine details of the agreement. For example, if you agreed to sell the house, but never indicated when, the judge will enforce the sale of the house, and if one party asks the... View More

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