QUESTION
How do I divorce my spouse if I have recently moved to another state?
Asked on Sep 14th, 2015 on Divorce - Michigan
More details to this question:
Moved to another state and spouse lives in another. We have not lived together in about 4 years and I want a divorce. We have no children or property division. I did however purchase a truck from her mother and still owe about 3000.00 on it. I have made all payments but have fallen behind due to unemployment. The vehicle is titled in my name only and I am the sole owner. My spouse is threatening me that she is going to take my vehicle that she is entitled to it. The promissory note that I have is between her mother and me. This is my only source of transportation and like I stated we were not together when I chose to purchase the truck. Does she have any rights to my truck and how do I go about this and protect myself? Also when she left 4 years ago she took my personal property and family heirlooms (my grandmother’s dishes) that are now passed and I would like some type of compensation for those things, even though some of the property cant is replaced. Also in numerous occasions has used my name for to get her electric turned on and also some credit card bills that have ruined my credit. Please advise me on how to go about this.
2 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The laws governing divorce vary somewhat from state to state. Many states require that a petitioner for divorce (or the respondent) have lived in the state for at least six months, and in the county where they file for at least 30 days. So one option is to file the petition in the state where she lives, if that is permitted by the laws of that state. Or you can wait until you have resided in your present state for the statutory period. Your best bet is to retain a lawyer well-versed in family law. He or she can save you a lot of grief, and it's almost always worth the investment. As to the loan on the truck, the key question is whether your mother-in-law took a security interest in the vehicle. If she did, then she has the right, if she goes through the proper hoops, to foreclose and repossess it. If she does not have a security interest, then all she has is a claim against you for the balance of the money, plus any late fees or interest provided for in the note you probably signed.
Answered on Sep 15th, 2015 at 4:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney for counsel and options, you do need to end this relationship.
Answered on Sep 14th, 2015 at 1:12 PM