Get free answers to your Divorce legal questions from lawyers in your area.
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answered on Sep 5, 2023
During a divorce, the rules regarding access to the marital home can vary depending on the specific circumstances and the laws of your jurisdiction. Since the home is in your name and was a gift from your mother, it could potentially be considered separate property rather than marital property,... View More 
The judge warned that "lazy" was not a reason for divorce. Additionally, I have been disabled by chronic illness since childhood. This was known to my ex-husband, who had accompanied my parents to 2 major surgeries I had while we were engaged.
I've realized through therapy... View More
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answered on Aug 18, 2023
In Michigan, the ability to file a defamation or slander/libel lawsuit against an attorney who called you "lazy" during your divorce proceedings may be limited by legal privileges related to statements made within the context of litigation. Statements made within legal proceedings could... View More
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.
I was just thinking about divorce with him but, now I want to sue him for mental, physical as well as financial abuse. I moved from 30 years home town NJ to Michigan 2 years ago just to support he's new job. He hated my entire families and friends and end up I kind of stop talking to them and... View More
answered on Jul 3, 2023
Best way to get started is to consult with a local divorce attorney and get the process started. While there is some precedent for suing a spouse for intentional torts, your situation may better support a cause for spousal support.
Keep in mind that Michigan is a "no fault" state... View More
We’re in the process of divorce because he was caught cheating. She’s been around my children because she recognized them at their appointment, which made her realize who I was. My children didn’t recognize her so they didn’t tell me who she was (they’re only 5 and 6 y/o). We’re not... View More
answered on Jun 26, 2023
Short of complaining to the pediatrician about the RN - which there may be some ethical violations related to her licensing, and certainly bad business in any regard, but I don't think there's anything else you can do about her. The wrongdoing here is obviously with your husband, and with... View More
Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the... View More
answered on Jun 25, 2023
Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes... View More
So what we have discovered is his ex-wife (divorced in 2018) took out a loan of $30,000 in his name and got him to sign the papers. She just told him to sign the papers. He didn't check what he was signing (I've told him how stupid he is) and she co-signed the loan. However, she... View More
answered on Jun 12, 2023
First, make sure the papers are not ignored (obviously you are not ignoring them as you posted this question). Make sure a proper response is served and filed with the court in the time required.
Although he may be responsible for the debt, he has a counter-claim against the ex for the... View More
Can he do that
answered on Jun 5, 2023
Can he file? Yes. Will it be granted? Hard to tell. Generally any restrictions would involve the kids.
My father passed recently and I've come to find that he's not listed on my birth certificate. I need to prove my status as next of kin. I have gone through all Vital Records and public records for the courts (county and probate), for the county I was born in and the county I lived in and... View More
answered on May 11, 2023
You don't necessarily need a lawyer for this, but where you'll probably want to look is the circuit court in the county your parents were divorced in. Ask for a copy of the "judgement of divorce".
Not to be funny or imply anything untoward, but I've seen it happen... View More
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
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... View More
I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... View More
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answered on May 2, 2023
In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... View More
Other party has lied so many times and switching her story. That now I have to pay for things I don't have any the judge is giving me 45 days. It is not a little bit of money it's over $40,000. I don't even have that much.
answered on May 1, 2023
Divorce is a civil action heard in courts of equity. To oversimplify things: a divorce is intended to equitably divide a couple's assets and debts. It is common, for example, for one party to pay the other party his or her share of a home's equity that they are keeping.
As to... View More
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.
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.
I have two kids 17, and 18. I am divorced, my ex and I have 50/50 custody. My house is the kids primary residence. My kids are both in school and live at home. We have an agreement that we each claim one child when filing out taxes. She claimed both this year. She claims it's her right,... View More
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answered on Mar 4, 2023
If you and your ex-spouse have a written agreement regarding claiming your children as dependents for tax purposes, and your ex-spouse violated that agreement by claiming both children, you may be able to resolve the issue by taking the following steps:
Talk to your ex-spouse: Start by... View More
Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT?... View More
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answered on Feb 26, 2023
I'm sorry to hear about the difficult situation you are facing. To answer your questions:
Generally, a parent cannot take a child out of the country without the other parent's permission, especially if there is a custody agreement in place. If your husband takes your son to India... View More
He’s Been threatening to take my son to India for his family can raise him,I now think he used me for a green card can he get deported if we divorce??my question is Is this possible for him to steal my son without my permission? 2nd question is If i divorce him will he have to give me spousal... View More
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answered on Feb 26, 2023
I'm sorry to hear about the difficulties you're facing. To answer your first question, if both parents have legal custody of a child, it is generally not permissible for one parent to take the child out of the country without the other parent's permission. If your husband were to... View More
is through a Quadro order. Based on the fact that the funds are coming to him from his spouse's retirement account, does he have to pay taxes on his end?
answered on Feb 14, 2023
He would not, assuming his settlement goes into another qualified account. If he takes all or a portion, or receives payments, those could be subject to tax 9and a potential 10% penalty unless he is otherwise eligible to withdraw.
More concerning for someone in prison: The attorney general... View More
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
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.
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?
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.
I was awarded all property in my possession and that includes his 2 firearms, which were obtained during the marriage. He is asking for them, but shouldn't they be included in the property settlement? He was supposed to sign over ownership of property in my possession within 30 days as well.
answered on Jan 23, 2023
Without looking at the judgment of divorce, I'd say you're in the pole position on this issue. Question though should be whether it's worth your time, effort, and possibly money, should he file a motion over items you apparently know he wants.
If you have no personal... View More
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