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Michigan Divorce Legal Questions

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256 legal questions have been posted about divorce by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Michigan Divorce Questions & Legal Answers - Page 7
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Divorce
Michigan

Recent Legal Answers

Is my wife entitled to my 401 k monies

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The starting point in a Michigan divorce these days is to split everything. In your case, with an 8 year marriage, things might be different, with each of you keeping what you had when you married and splitting what you gained while married. Nothing is set in stone. Good Luck.
The starting point in a Michigan divorce these days is to split everything. In your case, with an 8 year marriage, things might be different, with... Read More

if she files for divorce first will she be able to take our kids out of state even though I live in Michigan

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends on many things, but she will have to get the Court's permission to take them out of state, and you should have an opportunity to be heard on the subject. If she is and has been the primary caregiver for the children, and she has a good reason to move to Tennessee (better job or family help with the children) that you cannot provide, the court may very well let her go. Line up your arguments and get a good lawyer. Filing first is a bit of an advantage, but should not be determinative in the long run. However, if you know a divorce is coming, why wait for her? Good Luck.... Read More
It depends on many things, but she will have to get the Court's permission to take them out of state, and you should have an opportunity to be heard... Read More

Not eligible for Divorce in Michigan yet. Is there any other way to file for divorce from my prior state.

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You may be able to do so, but you should check with a California lawyer. Unless you have reasons to return to California, it might be easier in the long run to just wait it out here. Good Luck.
You may be able to do so, but you should check with a California lawyer. Unless you have reasons to return to California, it might be easier in the... Read More

am I entitled to anything being a stay at home mom with no job?

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends totally on the history and situation. How long have you been a stay at home mom? Are you in that position because you and your spouse agreed that you should do that instead of working? Did your being a stay at home mom hinder a career that would otherwise have moved you forward? These are the questions to look at to see what, if anything, you might be entitled to in Spousal Support. Take all of your specifics to a good local lawyer. Good Luck.... Read More
It depends totally on the history and situation. How long have you been a stay at home mom? Are you in that position because you and your spouse... Read More

Is a quit claim deed sufficient to transfer the home back to him?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Seek counsel and do it correctly. What you do voluntarily with your property is up to you after the divorce judgment allocates it.
Seek counsel and do it correctly. What you do voluntarily with your property is up to you after the divorce judgment allocates it.

I need a quadro to transfer from my 401k to my wifes IRA in the divorce. I'm in Kent County Michigan. Who can do it and how much?

Answered 10 years and 2 months ago by Monica Wilson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You will need to know the plan information for the 401k you are transferring the money from. The QDRO is a court order that allows the money to be transferred without the usual penalties that are usually associated with early withdraws. My office does prepare these, and would be happy to help. Monica... Read More
You will need to know the plan information for the 401k you are transferring the money from. The QDRO is a court order that allows the money to be... Read More

Can I get a divorce from a marriage aboard that hasn't been register in the US yet?

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You probably can do the divorce if you have lived here long enough. Consult with a good local lawyer. Good Luck.
You probably can do the divorce if you have lived here long enough. Consult with a good local lawyer. Good Luck.

Can I get a divorce without my husband?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, there are procedures for such circumstances. You will need an attorney to help you get through the process. Good luck.
Yes, there are procedures for such circumstances. You will need an attorney to help you get through the process. Good luck.

Is future unpaid bonus money subject to asset division?

Answered 10 years and 2 months ago by Eric S. Lumberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Because it was earned during the marriage and you and your spouse elected to have it paid over time, your spouse could claim this bonus as marital property to be divided. Consult with a family law attorney in Michigan to discuss your options further.
Because it was earned during the marriage and you and your spouse elected to have it paid over time, your spouse could claim this bonus as marital... Read More

Is future unpaid bonus money subject to asset division?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
All divorces are individual and the facts of the agreement both with your employer and the deferred income contract will be relevant. I would most strongly suggest that you hire an experienced domestic relations attorney to assist you in sorting this and all of the other matters which are common in divorce out to a fair and equitable end. I am sorry that your marriage failed.... Read More
All divorces are individual and the facts of the agreement both with your employer and the deferred income contract will be relevant. I would most... Read More

Can I file for a divorce if I'm pregnant?

Answered 10 years and 2 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, you can and probably should.
Yes, you can and probably should.

what steps do i need to take to get my ex to comply with a divorce agreement that we both signed and agreed on in our divorce settlement

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If she won't comply, you can either ask the Friend of the Court to help you force compliance or hire a lawyer, which will move the matter forward much quicker. Good Luck.
If she won't comply, you can either ask the Friend of the Court to help you force compliance or hire a lawyer, which will move the matter forward... Read More

Gm pension

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Sure, it is possible. Ask for the paperwork. How will it affect you?
Sure, it is possible. Ask for the paperwork. How will it affect you?

Would I get money from my husband if I filed for divorce it's been less than a year

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Probably not. You would more or less have to show that you are now less able to earn a living because you were not employed at your husband's request. That would be very difficult in a one year marriage. Sorry. Good Luck.
Probably not. You would more or less have to show that you are now less able to earn a living because you were not employed at your husband's... Read More

does a bankruptcy over rule a divorce decreed

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Probably, but it depends upon the specifics. What are the taxes owed? Recent income taxes? Withholding? Old income taxes from many years ago? What does the divorce judgment say? Probably, the taxes can all be collected from either of you, buty if that happens, you can probably go after her for half. Take all of the documents and facts to a good lawyer. Good luck.                ... Read More
Probably, but it depends upon the specifics. What are the taxes owed? Recent income taxes? Withholding? Old income taxes from many years ago? What... Read More

If one party wants a divorce and the other party doesn't what happens?

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Unfortunately for you, it really only takes one person to get a divorce in Michigan. If he really wants one, he will get one. You should try your best to convince him to go to counseling. Good luck
Unfortunately for you, it really only takes one person to get a divorce in Michigan. If he really wants one, he will get one. You should try your... Read More

Will I receive Alomony?

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Don't count on it. It depends on how long that has been the case and why, and how well you could find work to support yourself. Every fact is important. Take all of those facts to a good local lawyer. Good luck.
Don't count on it. It depends on how long that has been the case and why, and how well you could find work to support yourself. Every fact is... Read More

how do i sue my wife for me working and not gettiing paid.she has been seeing ex boyfriend and

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Much more information is needed. If you are from Washtenaw County, please call me to discuss your situation. Otherwise, give many more facts and you location for the best chance at finding a lawyer to help you. Good Luck.
Much more information is needed. If you are from Washtenaw County, please call me to discuss your situation. Otherwise, give many more facts and you... Read More

divorce

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No, sorry. At least one of you has to live here. Good Luck.
No, sorry. At least one of you has to live here. Good Luck.

Am I entitled to any property?

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You certainly should get a share of the value of the house and its contents, but you will probably need a good lawyer to get it. Talk to a few local lawyers and explain the entire situation. You may be surprised. Good Luck.
You certainly should get a share of the value of the house and its contents, but you will probably need a good lawyer to get it. Talk to a few local... Read More

How can I get money from qdor now? I am getting evicted and going to lose car. I can't wait 2-6 months for this to process

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You have not given any specifics, but i will take your word that you are at least a couple of months away from getting at money that will come to you through a QDRO. The system DOES take time. Sorry, but that is just how it is. You MIGHT find someone to lend you the money if you can show them that you will be getting it soon through a QDRO. Good Luck.... Read More
You have not given any specifics, but i will take your word that you are at least a couple of months away from getting at money that will come to you... Read More

How do I get him out my home if he was diagnosed with schizophrenia, is bipolar and he refused to take meds?

Answered 10 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You will have to file for divorce and bring a motion to have him removed from the marital home. It is not automatic or easy, but on the facts portrayed may be possible. You also have the choice of moving yourself and the children but, if a case has been filed, will need the permission of the court to remove the children.... Read More
You will have to file for divorce and bring a motion to have him removed from the marital home. It is not automatic or easy, but on the facts... Read More

Am I'm obligated to give her 30 days noticed as landlords must via the courts?

Answered 10 years and 3 months ago by John F. Brennan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Sounds like you need an attorney, and now, for the divorce and the tenancy issue.
Sounds like you need an attorney, and now, for the divorce and the tenancy issue.

I need to file quadro in Michigan I have a court order where do I start

Answered 10 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Contact QDRO Express at  (734) 675-8207. Good Luck.
Contact QDRO Express at  (734) 675-8207. Good Luck.

what options do i have leaving with my kids

Answered 10 years and 4 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Do NOT leave without your kids, and do NOT sign anything you do not agree with. If you have a place to go with your kids, and you can afford to go there (if it is local), go. Otherwise, see a local lawyer and explain all of the facts and get the right advice. Good Luck.
Do NOT leave without your kids, and do NOT sign anything you do not agree with. If you have a place to go with your kids, and you can afford to go... Read More
Divorce
Michigan

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