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Daniel Findling's Answers

Daniel Findling
Royal Oak Family Law Attorney.
Contributor Level 6

1

Attorney answers:

  1. Daniel Findling

Can I file for divorce in Michigan and move to Florida if we have a child together?

Asked by a user in Grand Blanc, MI - over 2 years ago.

If you file for divorce in Michigan, you can request a change of domicile (to Florida) before entry of the Judgment. If the Court does not grant a change of domicile, the Judgment would prohibit the minor child from moving to the State of Michigan (or 100 miles from his/her current location) without the consent of the parties or permission from the court. You may also consider talking to a lawyer in Florida, establish Jurisdiction over the children there, then file for divorce in Florida.

1

Attorney answers:

  1. Daniel Findling

If a marriage occured in the state of Michigan prior to a divorce being granted in another state, is the marriage vailid?

Asked by a user in Rochester, MI - almost 3 years ago.

You do not have to be divorced in the same state you married so long as the jurisdictional requirements have been met. A legal divorce in California would terminate the Michigan marriage.

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Attorney answers:

  1. Daniel Findling

Who gets to keep the house in a divorce when the wife was prior original owner and is now disabled.

Asked by a user in Dearborn, MI - over 3 years ago.

In determining the distribution of property, the courts take the following into consideration: • The source of the property; • Who contributed toward the acquisition of the property; • The length of the marriage; • The needs of the children, if any; • The earning powers of the parties; • Who is "at-fault" or "caused" the Divorce. In your case, the value of the home before marriage will most likely be awarded to you. If your husband contributed to the home during the marriage, he may...

2

Attorney answers:

  1. Wendy M. Schiller-Nichols
  2. Daniel Findling

I was legally separated and now I would like to undo the separation. I am broke and need a simple solution.

Asked by a user in Michigan - over 2 years ago.

In Michigan, a legal separation is called a Separate Maintenance Agreement. If you have a Judgment of Separate Maintenance, to avoid the cost of a motion, you may be able to file a Stipulated Order setting aside the Judgement of Separate Maintenance and dismissing the case.