Michigan Divorce Legal Questions

I do not practive divorce law but it is my understanding that, in a divorce there are two issues with a debt: who pays for it and who has possession of the property (car house etc.). Usually if the an item is in one party's name the obligation and possession stay with them. Still, it is possible that a party can be ordered to pay on a debt but not have use of the property. With homes, there is a negotiation of what happens when the property sells, this can be done with cars too. I recommend speaking with your divorce attorney about this.... Read More

Your finances are your own unless you somehow agree to make payments.   But your new husband can be made to pay back child support and money in a joint bank account might be directed to make his payments. I do not recommend putitng your earnings in a joint account until you are sure the friend of the court or whoever is controlling the child support payments gives you a writing that they will no sieze your funds in the joint account.... Read More

Good morning. While I cannot speak to what other attorneys charge, our fees are based on a few different factors including location, whether there are minor children involved, and the size of the marital estate. I offer flat fees and payment plans. I would be happy to offer you a free telephone consultation to discuss your situation. Then I could quote you the exact fee.... Read More

Divorce is messy and difficult. You need to find a divorce attorney as soon as possible. Contact Michigan lawyer referal at 800 968 0738 If you are still in the residence, and it is safe to do so, I recommend staying there until your divorce lawyer gives you further advice. If you are in physical danger, do not hesitate to seek a PPO, even if there is only 1 domestic disturbance on record, he likely has a criminal record related to his drug abuse which will support your request for a PPO. The most important thing is to keep you and the children safe. If for any reason you do not feel safe, call the police, if you feel you cannot stay safely where you are, get to someplace safe fast. Best of luck to you I wish you strength in this ordeal.... Read More

I think this is a situation in which you should ask your family's help hire a divorce attorney. As for finding the right divorce attorney, ask other people who have had a divorce if they were satisified with their divorce attorney; you can also contact the free Michigan Bar Association lawyer referal service. Most divorce attorneys do not do much pro bono work.... Read More

He doesn't have to sign the Summons in order for the divorce to move forward. As long as a proper individual serves him, that individual can file a Proof of Service with the Court. Depending on how long ago he was first served, it is entirely possible that your case could have been done by now, or at least closer to resolution than it is now. You should speak with a lawyer.... Read More

If you were represented during your divorce, you should contact your attorny and have him/her file a Motion to enforce the Judgment of Divorce. If you did not have an attorney, or are no longer in contact with that person, you can hire a lawyer to file the Motion on your behalf. Of course you can also do it yourself, but you would likely be better served working with an experienced divorce lawyer.... Read More

The Judgment of Divorce determines the split. The bigger issue at this point is why a QDRO has not been entered yet. That should have been dones years ago. This is an good example of how trying to save money can end up costing you considerably more in the long run. The QDRO needs to be entered promptly. Also, QDROs are complicated documents that should be drafted and explained to you by an expert.... Read More

Pensions can be one of the confusing and complicated aspects of divorce. Failure to properly handle a spouse's pension can be a costly mistake. Rather than try to explain the intricacies of pensions, feel free to give me a call. Once I have an idea of your situation, I can give you better information.... Read More

In order for the wife to try to evict you, she would need to file an eviction complaint in the district court.  You would have a right to a jury trial.  If the husband has given you permission to live there, it is unlikely that the wife will win.  If the husband files for divorce, the the issue of who has authority to allow you to live in the home would be resolved by the divorce court. ... Read More

After filing for divorce, you must serve your husband with the Complaint for Divorce.  If you do not know where he lives, then you need to ask the Court for permission to service him by alternate service.  I strongly suggest that you hire an attorney in Macomb County. An attorney may have resources not available to you to find your husband so he can be served.... Read More