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Michigan Divorce Questions & Answers
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... View 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...
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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.

1 Answer | Asked in Divorce for Michigan on
Q: Can I remarry during a pending divorce filing?
Brent T. Geers
Brent T. Geers
answered on Apr 13, 2022

No. You can only be legally married to one person at a time. You are legally married until you are divorced (e.g. a judgment of divorce is signed by the judge).

1 Answer | Asked in Divorce for Michigan on
Q: If spouse is refusing to sign divorce papers how long do I have to wait to move for a default judgment? Online divorce
Brent T. Geers
Brent T. Geers
answered on Apr 5, 2022

It starts with proper service and proof of it. You then have to wait 21 or 28 days, depending on how you served the person.

1 Answer | Asked in Divorce for Michigan on
Q: Filed divorce online in Michigan. Spouse did not contest. Now spouse is refusing to sign papers. What is my next step?
Brent T. Geers
Brent T. Geers
answered on Apr 5, 2022

What papers is your spouse refusing to sign? If you've properly served your spouse with the summons and complaint, and the right amount of time has passed, you can move for a default judgment. His or her participation is not required.

1 Answer | Asked in Divorce for Michigan on
Q: My wife and I were separated. She lied and told me she wanted to work it out so that my income was hers. Does that fall

Gaining money under false pretenses?

Brent T. Geers
Brent T. Geers
answered on Apr 1, 2022

I'm unsure what you mean by that. If you were legally married, a divorce proceeding would involve income, assets, and debts during that marriage. Separation - unless done as a legal separation (e.g. court filing) - does not change that.

You would have a hard time convincing a judge...
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1 Answer | Asked in Divorce for Michigan on
Q: What can I do if my ex husband does not pay the divorce decree?

My ex husband was ordered to pay me certain amount for keeping the house and the vehicle in 90 days of filing of our divorce. It's been 5 months now without payment. It was filed in Michigan.

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

File a motion to enforce the judgment.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Michigan on
Q: I have been subjected to torture by cps, courts not responding to my request for assistance with the stopping of this.

I am looking for assistance with pro Bono council for the service of abstaining proper treatment and rights of disabled people with ADA compliance, custody, increased parenting time, the clearing my name from abuse and neglect and the treatment of years of negative behaviors by the other parties... View More

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

If you are in current abuse / neglect proceedings, you should have an attorney appointed to you, and you need to work with that person to address these issues.

One of the biggest mistakes parents make in these sort of cases is to focus on what the other person is doing, when the emphasis...
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1 Answer | Asked in Child Custody, Divorce and Immigration Law for Michigan on
Q: I have a question.. My sister and her husband might divorce soon I think he was waiting for his permanent residency

He is also threatening her to take full custody of there child what can I do he threaten to take the baby away to India

Agnes Jury
Agnes Jury
answered on Mar 20, 2022

Your sister needs to hire an experienced family law attorney. If the child does not have a passport, the husband won't be able to take the child to India. If the child has a passport, the family court can require the husband to turn the passport over to mom. Best wishes!

3 Answers | Asked in Divorce, Estate Planning and Family Law for Michigan on
Q: I want to dispute Michigans intestancy laws and prove my fathers true wishes for his home, how would i do this?

My sister and I are currently in probate court battling fathers estranged wife over his home. They were in the process of divorce when he committed suicide and I have numerous divorce documents, texts, handwritten notes and witness testimonies that show she was not to have the home. We are... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 2, 2022

I'm sorry to say that unless your father put his 'wishes' into a will or other testamentary document, the laws of intestacy are how his estate will be divided. His misunderstanding of dower really won't play into anything here, and if the divorce was not in process (as in filed... View More

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1 Answer | Asked in Divorce for Michigan on
Q: I live in Michigan, I've been married for 7 years I'm going to through a divorce Can I request part of husbands pension
Brent T. Geers
Brent T. Geers
answered on Mar 1, 2022

Possibly. Seek a local divorce attorney.

1 Answer | Asked in Divorce for Michigan on
Q: If my partner was divorced and in the divorce settlement her last name is no longer his , does she need to change it?
Brent T. Geers
Brent T. Geers
answered on Feb 28, 2022

Yes, your partner needs to do the legwork in changing her name at each entity. It's not an easy task. Basically, she will need to go through the same process she did to change her name when she got married, just in reverse.

1 Answer | Asked in Divorce for Michigan on
Q: I'm in process of getting a divorce my wife moved out and another guy moved in with her and I'm emotionally stressed out

Is there anyway I could sue him

Brent T. Geers
Brent T. Geers
answered on Feb 19, 2022

No. Through marriage, you and your wife had a social contract of sort. This man is not a party to that, and therefore you have no real claim against him. Assuming he knows of the marriage, you might say he's not the most moral person, but being an immoral or unethical person doesn't... View More

1 Answer | Asked in Divorce, Tax Law and Arbitration / Mediation Law for Michigan on
Q: My soon to be ex-wife has been skimming money from our tax refunds for a few years now. Any legal options to recover it?

I am in the process of going through a divorce. I found out that my wife has been skimming $2500 a year off of our tax returns for several years. We each have our own children from previous marriages. When confronted she claimed that she was entitled to do this because of her daughter's $2500... View More

Brent T. Geers
Brent T. Geers
answered on Feb 14, 2022

Through your divorce, possibly. But as to the IRS, the money is as much hers as it is yours.

1 Answer | Asked in Divorce for Michigan on
Q: If I file for divorce and my husband refuses to leave the house , is there any way I can get him to leave?
Brent T. Geers
Brent T. Geers
answered on Jan 26, 2022

Yes. You can file a companion motion seeking exclusive use of the marital home.

1 Answer | Asked in Divorce for Michigan on
Q: Does it matter if you divorce before or after retirement?
Brent T. Geers
Brent T. Geers
answered on Jan 24, 2022

Possibly. And of course depends on what, if any, agreement can be made.

1 Answer | Asked in Divorce for Michigan on
Q: Issues with ex wife not moving from property so it can be sold. Harassing other family members in the home.

May 2017 home was supposed to be sold. Son wants to buy it. Ex wife has hoarded the home. Currently in the process of getting her and her hoard out. Ex wife has not resided in the home for 2 weeks and is harassing the son and girlfriend. Friends of the Ex are either walking into the house or trying... View More

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

What does the judgment of divorce say? If it says the house is to be sold, then you need to file a post-judgment motion to enforce that. You may also need to file a formal eviction action.

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