Michael H. Cutler's Answers

What can I do if my 17 years old daughter moves out to go live with a 27 years old man with out permission?

Can you do something - yes, she is still a minor and legally incapacited until she obtains the age of 18. Should you do something is a totally different consideration. I'm not sure how close she is to her birthday, however you should keep in mind that the legal system moves slowly and the authorities may feel inclined to delay any action until her birthday, which would nullify your actions. Your actions may also cause problems between you and your daughter

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What is the formula for determining my spouse's share of my pension as we divorce?

He has a right to claim a portion of your pension, but only 50 percent of the accumulated value during the time of your marriage. That is, if you contributed toward your pension prior to the date of your marriage, that portion cannot be claimed through the divorce proceedings as it will be viewed as a "pre-marital" asset. The process involves a QDRO (qualified domestic relations order) that will need to be prepared by an attorney or hired service. BTW, he cannot receive any of your...

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Do i need a divorce lawyer and how much would it cost?

You may file for divorce as long as you have resided in the state for 180 days prior to the filing of divorce, and 10 days in the county prior to the date of filing. The entire process will require approx. 6 months from the date of filing until the date of the divorce decree. This waiting requirment may be shortened by one month, but only upon Court approval. The lack of property/debt will help simplify the process, possibly avoiding the need for mediation (and cost), however you will need...

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How to split guardianship,DAILY AFFAIRS and FINANCIAL. mom has 2nd stage Alzheimer's and scared of Dr's and courts

You need to contact an Attorney regarding your case. A petition should be prepared to present these issues before the Court along with a request to appoint a guardian and conservator to oversee your mother's interests (both medically and financially). As part of your petition, you may request an evaluation of your mother's medical condition and an opportunity to present the testimony of witnesses and medical, financial and other documentation expressing the need to protect your mother....

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As a single mother in michigan, what are my rights?

When the child is born, you should be asked by a hospital representative, to provide infromation for the birth certificate. You should accuratly identify the identity of the father, but you can choose the name of the child, including the child's last name. That's the easy part. It sounds like you are not contesting father's identity, so you may also complete an affidavit for your signiture and father's to establish parantage. Michigan's affidavits also establish custody with the mother, so that...

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My children have investment and other accounts in their names but my ex-husband won't give me account information?

As my bretheren responded, you need to secure representation and present a motion before the Judge to whom your case is assigned to acquire a Court order directing your ex-husband to provide same, alternatively the financial institution can be ordered to release the information to you (if he reveals the identity of the bank or brokerage while upon the record). You should also request his payment toward your attorney fees which were otherwise wrongfully incurred due to his failure to act reasonably.

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Can I file for divorce in the US if the marriage took place out of the country?

Yes, you can file for divorce in Michigan to begin the process. Since you are not aware of your spouse's address, a motion will have to be filed to secure an order for substituted service to allow for an alternative means of providing her with the required notice of these proceedings, per the Court's rules. Once service of the original complaint and summons is completed in accordance with the order for substituted service, the process should go smoothly

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My husband filed for divorce without me knowing. Do I have to get my own lawyer now?

All of these issues need to addressed in your divorce proceedings. You need to have an attorney to pursue the relief that you want to secure. If your husband is the primary wage earner, he can be ordered to contribute to your attorney fees and costs. I would suggest that you meet with an attorney as soon as possible, before being served with the complaint, to address pre-litigation issues and to prepare for the 8 - 12 month domestic process. The payment of support, both child and spousal,...

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How do I get free legal advice for Probate Court of Wayne County?

I would suggest that you contact legal aid or any of the various free neighborhood legal services in your community. Check the local directory or search the web for telephone numbers and addresses.

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Is a "verbal" lease in michigan binding, between family?

No there are no "verbal leases" - any rights to property are required to be in writting. This is generally known as the parol evidence rule. However, if you accept his monthly payment, he will have the right to remain in the house. I suggest that you refuse his offer of payment and hire an Attorney to evict him asap.

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