The specific language in your divorce judgment will be relevant regarding your rights and obligations vis a vi your ex-spouse. The judgment of divorce, however, cannot force the bank or government to not go after you for deficiencies or taxes, respectively. That being said, you should carefully review the entire judgment and make sure that there is a provision providing terms holding you harmless from liability and whether the specific obligation of your ex to be responsible for the mortgage...
Dear Avvo subscriber, The answer to your question depends upon what the hearing in February is noticed for. You should consult with an attorney to determine what the Court expects at the hearing and if you should file a response ahead of time or have any paperwork ready to present to the court. Family and divorce law depends a lot upon the facts of your case and more facts would be needed to provide you with a more concise answer. In any event, you should know that Michigan follows the...
Dear Avvo susbscriber, Before you take any action you should consult with an attorney in your area. More facts need to be considered in this situation. In any event, and assuming the teen is financially independent, it sounds like this teen may be a good candidate for considering filing a petition for emancipation. This can be accomplished by referencing the applicable Michigan statute, MCL 722.4a: "(1) A minor seeking emancipation shall file a petition for emancipation in the family...
Dear Avvo subscriber, In general, it is always best to consult with a family law attorney on all the relevant and particular facts in your matter. The answer to your question first depends upon which state has jurisdiction over the matter. My answer will assume Michigan courts have jurisdiction. If I were in your position I would consider requesting the court for attorney fees. The relevant Michigan court rule, MCR 3.206(C) provides guidance. Pursuant to this court rule, you can...
Dear Avvo subscriber, Parental rights may be terminated for any reasons listed in the Probate Code, MCL 712A.19b. If your ex-husband is seeking to facilitate a step-parent adoption, MCL 710.51 must be complied with. He would have to meet the following requirements under that statute: "(6) If the parents of a child are divorced, or if the parents are unmarried but the father has acknowledged paternity or is a putative father who meets the conditions in section 39(2) of this chapter,...
There is no definite age that a child has to be in order for the judge to consider the child's preference to live with one parent or the other. A judge cannot simply say the child is too young to express a preference. There must be a factual record showing why a child is incapable of expressing a preference. Generally, 8 years old is old enough for a child to express a preference, but there is also case law that says a 6 year old may be old enough. Preference cannot be considered alone in...
There is no definite age that a child has to be in order for the judge to consider the child's preference to live with one parent or the other. A judge cannot simply say the child is too young to express a preference. There must be a factual record showing why a child is incapable of expressing a preference. Generally, 8 years old is old enough for a child to express a preference, but there is also case law that says a 6 year old may be old enough. Preference cannot be considered alone in...