boopfein
New
Reged: 04/10/06
Posts: 1
Loc: Michigan
|
|
I have been married for 33 yrs. husband is having an affair. I have not been served yet He has an attorney and I'd appreciate any help from someone who knows Michigan divorce laws.
|
sunnyday
New
Reged: 05/24/06
Posts: 16
|
|
I do not know the law, but you better get a lawyer. You may be titled to alot. Do not forget about 401K, any retirement plans that he may have, bank accounts, houses, cars. Affair is a NO NO.
|
Terri
Gold
Reged: 02/03/06
Posts: 166
Loc: Michigan
|
|
I live in Michigan and am currently going through a divorce and just spent a couple of days in court with a friend who was getting divorced. In Michigan, the courts do not care about adultery. You may get a judge that is willing to give you a little bit more than the normal 50/50 split but that doesn't seem to happen in my County. Child support, if you have children under 18, is set by a formula. I am representing myself in my divorce. I have seen too many of my friends spend more on their attorney than what they were fighting over is worth. I don't know what your situation is but would be happy to discuss further with you everything I have learned going through this process if you would like to send me a private message.
|
DrSharp
New
Reged: 06/11/06
Posts: 2
|
|
Look up a local DivorceCare group for your area and attend. It will help you heal and realize all your options.
It helped me tremendously (divorced too after 23 years)
|
startinover06
Gold
Reged: 07/25/06
Posts: 121
Loc: Michigan
|
|
My divorce was just finalized in Macomb county. No, adultery does not affect anything. Child support is a formula based on income...the division is whatever you can agree too. Before you put up a fight about any of your belongings, determine if it is worth the anguish of arguing over. I walked away from quite a bit because I got tired of the battles. Good luck to you - better days are ahead for ALL of us!
--------------------
"Your heart understands what your head cannot yet conceive; trust your heart."
Cat
|
sadpuppy
Platinum
Reged: 03/11/06
Posts: 1467
Loc: michigan west coast
|
|
they're right, michigan is a no fault state and affairs dont matter
--------------------
,
|
mistake#2
Platinum
Reged: 07/19/06
Posts: 3255
Loc: Florida
|
|
I recently finished divorce in MI.
Attorney can request mediation for property settlement or it can be ordered by judge - get as much documentation together as you can, your debt is his debt and his debt is yours. Property is split 50/50. 401k and any other property that was received after marriage is 50/50. Custody of kids is usually joint with physical custody going to parent that keeps kids and does majority of doctor, school and other appointments. Child support is based on both incomes (or if one not working, their ability to earn) and daycare costs are part of the child support. Any medical not covered by insurance is split by parents based on their incomes - example my ex makes a lot more than me so he pays 74% of co-pays I pay 26%.
Attorney's are out to get as much money as possible - I think the going rate in MI is $225/hr, they normally charge at least $850 as a retainer sometimes more depending on if you have a prior relationship with them.
File as soon as possible, ask for custody and child support (make it go through the friend of the court otherwise he could stop paying & not have to pay any back support). Use the attorney for only things that really matter, put in temporary stipulation and request mediation for settlement conference. In other words avoid calling them for just anything and everything - they charge somewhere around $60 everytime they answer the phone. If you have questions about custody or visitation either google or call the friend of the court, they are knowledgeable and the caseworker that will be assigned your case won't be charging you for every little call. Be prepared to try to work out your own visitation schedule, the friend of the court prefers you guys work it out rather than them have to bring it to a judge and have they order it. If you get an evaluator for visitation just let them know what your looking for and why then try to negotiate - they too want you to just come up with an agreement that the judge will sign.
MI is no-fault state and doesn't seem to really matter who filed first other than in trying to have support set up.
Divorce with children takes 6 months to be finalized - although mine took more than 9 months because his attorney had his head up his ass and couldn't seem to get the paperwork right.
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
