Introduction to Divorce with Minor Children | Michigan Legal Help
When you get a divorce, the judge will end your marriage and the legal Parenting time can be granted for specific dates and times, or it can be left for the parents Whether you have low income or not, you can use the Guide to Legal Help to. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court: Extra Tips and. If you are ready to start dating again and your divorce is not yet final, then of Michigan for over 30 years with all of their divorce-related problems and issues.
But, dating could affect some of the issues in your divorce, like custody and parenting time. The judge in your case could also order you and your spouse not to have someone you are dating around your children during your divorce. What if I want to dismiss my divorce? You can file a form to dismiss your case anytime before the Judgment of Divorce is entered. But your case will continue if your spouse filed a counter-claim for divorce against you and wants the divorce to continue.
If you dismiss your divorce case and later want to go through with it: Can I change my last name as part of my divorce? Your Judgment of Divorce can restore your maiden name or the last name you used before your marriage. Or, the judge can allow you to take a different last name.
However, you must not be asking for the name change to commit fraud or for another bad purpose. Instead, they must go through the process of petitioning the court for a name change. To learn more, see the Name Change toolkit. How will our property and debt be divided? The property and debt division must be fair. To decide what is fair in your case, the court may consider: Length of marriage Contributions to the marital estate.
Property one of you had before your marriage can also be divided if necessary to create a fair division. During a divorce the parties normally try to divide all of their marital property and debt in a way that is equal.
What is separate property? Separate property is property that does not get included in your property division. Separate property includes property that: One spouse owned before the marriage One spouse received as an inheritance or gift Separate property is normally kept by the owner. But, the court can include separate property in your divorce if: The marital property is not enough to support the non-owner spouse and children; or The non-owner spouse somehow contributed to the value of the property.
Can it be enforced? A prenuptial agreement can be enforced if: It is in writing and signed by you and your spouse; You signed it voluntarily and with full disclosure; There was no fraud, mistake, or bullying; It was fair when you signed it, and circumstances have not changed enough to make its enforcement unfair.
If you signed a prenuptial agreement and are filing for divorce, consider talking to a lawyer. You can use the Guide to Legal Help to find lawyers and legal services help in your area. Will I be able to stay in our home? Your marital home will be part of the property settlement in your divorce. The decision about ownership of the home will not determined by who moves out; instead, it will be made when all of the marital property and debts are divided.
Even if you and your spouse agree that you can stay in your marital home, your spouse will probably want to be paid for his or her share of the home. If you do stay in your marital home, you will have to figure out how to continue to pay your mortgage after your divorce.
Usually when you are awarded property in a divorce, you also become responsible for the debt related to the property. Sometimes the marital home must be sold because the parties need different places to live and the marital home is too expensive for one person. My spouse makes more money than I do. Will I be able to get alimony? Alimony spousal support is not common. You and your spouse can agree that you should get spousal support as part of your divorce. To decide whether your spouse must pay spousal support, the court will consider: Pension and retirement plans are marital property.
This means the court will decide how to divide them in your Judgment of Divorce. If you have a retirement plan or pension, the court may also give part to your spouse. If my spouse or I have children from a previous relationship, do they get included in our divorce? Children who are included in your divorce are: Minor children you and your spouse have together Minor stepchildren who were legally adopted by the other spouse Minor children born or conceived during your marriage who have a different father, unless the judge revokes the husband's paternity In Michigan, a husband is the legal father of any child conceived or born during the marriage.
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When a child has a different biological father, the husband and wife may agree that they want the husband to continue as the legal father after their divorce. However, one or both spouses may want to ask the judge to revoke undo the husband's paternity so he is no longer the legal father. Can I file for divorce if I am pregnant or if my spouse is pregnant? Yes, you can file for divorce if you are pregnant or your spouse is pregnant.
You must tell the judge about the pregnancy in your divorce complaint. The judge may require you to wait for your divorce to become final until after the birth. A judge might do this to make sure the custody, parenting time, and child support arrangements in the Judgment of Divorce are complete. Will my spouse have to continue providing health insurance for me after our divorce?
Although Michigan law requires parents to provide health insurance for their children, there are no such laws for a spouse. However, the court may require your spouse to maintain your health insurance during the divorce process. Additionally, under COBRA a federal law your spouse's employer must allow you to be covered by its health insurer for three years after your divorce. However, you must pay the premiums, which will probably be more expensive than when you were covered as a spouse.
What is the Friend of the Court? The FOC helps the court in cases involving custody, parenting time, and child support. Some of the duties the FOC performs are: Investigating and issuing recommendations about custody, parenting time, and child support Helping the parties settle disputes during and after their case Providing enforcement services on existing custody, parenting time, and support orders In addition, some FOC offices but not all investigate and issue recommendations about spousal support.
To learn more, read Friend of the Court Overview. Can the Friend of the Court make decisions in my case? If a Friend of the Court FOC referee issues a recommendation in your case and you do not file an objection within 21 days after you are servedthe recommendation can become an order.
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However, the judge is not bound by a FOC recommendation and can choose not to make it an order. You may be able to opt out of FOC services in your case if both you and the other party agree to opt out. Can I ask to have my court fees waived?
To get your court fees waived, you must file a Fee Waiver Request. This form tells the court that you can't afford to pay the fees in your case, and it asks for a waiver. The affidavit must be signed by the person who needs the waiver. The affidavit must be signed in front of a notary public or a court clerk. You will need photo identification to show that you are the person signing.
You may have to pay a fee for a notary. If you get public assistance, your fees will be waived. In all other cases, a judge will review your request and decide whether to waive your fees.
You may have to wait for the review and decision, so plan ahead. What if I have a disability and have to go to court? If you are a person with a disability and have to go to court, you can ask the court to provide you with an accommodation so you can fully participate in the court activity. To make your request, complete our Do-It-Yourself Request for Accommodations and mail or deliver the form to the court administrator in the court where the activity will take place.
You should mail or deliver your Request for Accommodations as early as possible so the court can consider it and arrange for the accommodation s if it grants your request. Examples of accommodations that may be available are: Interpreter for deaf such as a sign language interpreter Assistive listening device Handicap accessibility such as use of a service animal Other accommodations depending on your need Each court has an Americans with Disabilities Act ADA Coordinator.
Will domestic violence affect the property division in my divorce? But the judge can consider fault to decide how to divide your property and debt. Will domestic violence affect whether I get spousal support? But the judge can consider fault to decide whether to award spousal support. Should I agree to mediation if my spouse or partner has been abusive?
Mediation can be helpful when the parties have equal power. Both parties must be able to say what they want, without being afraid or pressured. Threats and control are common in relationships where one person is abusive. You can use the Guide to Legal Help to look for legal help in your area. Do I need a quitclaim deed for a car or mobile home? Quitclaim deeds are used to transfer real property, such as houses and land.
Cars and mobile homes are not real property. Cars and mobile homes are properties that use titles to transfer ownership, not deeds. Neither your Judgment of Divorce nor the judge will transfer a title for you.
I Need a Divorce and I Do Not Have Minor Children | Michigan Legal Help
You and your spouse must sign and file the paperwork with the Secretary of State to transfer title to a car or mobile home. Should I use a quitclaim deed or a warranty deed? You can use a quitclaim deed or a warranty deed to transfer your property. Unlike warranty deeds, quitclaim deeds do not make any guarantees about the property title. With a quitclaim deed, the person selling or giving up the property is not responsible for any title defects.
It is common to use a quitclaim deed to transfer property after a divorce because people who have been married are likely to know about the property they are getting and if there is clear title. If you have concerns about title, you may want to consider using a warranty deed instead and doing a title search.
To learn more about the difference between quitclaim deeds and warranty deeds, read the article Quitclaim Deeds and Divorce. How do I know if I need a new deed to transfer real estate? You also need a new deed if the current deed is not in the name of the person keeping the property. Does the Judgment of Divorce transfer the property?
It is possible for a Judgment of Divorce to transfer the property. After a divorce, ex-spouses usually use a deed to transfer property so that the Judgment of Divorce is not part of the property records that anyone can search. But, if your ex-spouse does not complete his or her part of the quitclaim deed, you can transfer the property by recording your Judgment of Divorce at the Register of Deeds.
If your ex-spouse does not sign the quitclaim deed or give it to you so you can record it, you have two options. You can file a motion asking the judge to enforce the Judgment of Divorce. The judge could fine or jail your ex-spouse for disobeying the Judgment.
This might convince your ex-spouse to do his or her part. If you do this, anyone searching the title to the property will be able to see your entire Judgment of Divorce. Can the judge change my current deed? The judge will not change the names on a deed for you. You have to prepare and complete a quitclaim deed and record it with the Register of Deeds. Will the quitclaim deed take my name off the mortgage? A quitclaim deed will not change who is responsible for the mortgage.
The person keeping the property will need to refinance the mortgage in his or her name alone. However, this may not be possible if the property is worth less than the amount of the mortgage, if the person keeping the property has bad credit, or for other reasons.
What do I need to do with the quitclaim deed? If you are the person transferring your property to your ex-spouse, you must sign the quitclaim deed in front of a notary. Then, you must give the deed to your ex-spouse. Your ex-spouse must sign the deed. Then, your ex-spouse must take the deed to be recorded at the Register of Deeds. If you or your ex-spouse prepared a quitclaim deed using the Do-It-Yourself Quitclaim Deed after Divorcedetailed instructions will print out with the deed.Advice on Dating During a Divorce in Kentucky
If the parents have joint physical custody, a parenting time schedule can say when the children spend time with each parent. Parenting time can be granted for specific dates and times, or it can be left for the parents to work out. Sometimes the judge will order parenting time to be supervised by a third party, such as a grandparent or other relative. But in some cases it might be inappropriate for a parent to have parenting time, such as with a parent who is violent or irresponsible.
In some cases the judge may order parenting time to be supervised by a third party. The formula is based on many factors, including the income of both parents, the number of children, and the number of overnights the child spends with each parent. Child support usually ends when a child turns A child support order also includes amounts for medical and child care expenses and specific information about which parent will provide health insurance for the children. This credit applies dollar for dollar against taxes owed.
It is also a refundable credit. However, legal experts say the tax credit will likely go to the custodial parent unless the spouses agree to something different or the judge orders something different.
In general, the custodial parent is the parent with whom the child spends more nights during the year. Under the old federal law, there was a child dependency exemption that reduced the custodial parent's taxable income.
This exemption will not be available through If you were divorced before the new tax law went into effect, your divorce judgment should state which parent gets the dependency exemption.
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The tax credit under the new law should go to that parent. Under a new Michigan law, there is a dependent exemption for your state income taxes.
In some counties, you and your spouse will meet with an FOC evaluator or caseworker while your divorce is pending. The worker may interview you, your spouse, your children, and other people who may have information about your case. The worker will also ask you for information about your income in order to calculate child support.
The Friend of the Court may try to help you and your spouse agree on custody and parenting time. If you can't reach an agreement, the FOC will likely make a recommendation to the judge. The recommendation is not a court order, but it will become a court order if the judge signs it. Before this happens, you will have a chance to object to the recommendation.
To learn more, read Friend of the Court Overview. What Is the Divorce Process Like? Starting the Divorce A divorce case begins when you file a summonsa complaint, and other required papers with the court. After you file your forms in the court clerk's office, you must have your spouse served with the papers. Service is usually done by having another person give the papers to your spouse in person or send the papers to your spouse by registered or certified mail. To learn more, read How to Serve Divorce Papers.
Answer Your spouse may file an answer to your divorce complaint. The answer should respond to each paragraph of your divorce complaint. In the answer, your spouse should tell you and the judge which parts of your complaint they agree with and which parts they disagree with.