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Marjory B. Cohen

Marjory Cohen’s Answers

2 total

  • Marriage Annulment

    Marriage annulment is it the same as a divorce? Is there a time limit in which u can file for an annulment? If u been married since 2004 can u file for an annulment or will it have to be a divorce?

    Marjory’s Answer

    Annulment is not the same as divorce. Annulment is based on grounds that there is or was some defect in the marriage so that it is not valid. Examples would include someone who is under-age, or already married and not divorced, or is a close relative like a cousin or sibling. Each state has different grounds and procedures for annulment. In Michigan, annulment is sometimes a more time consuming and difficult process than a divorce because we have No Fault Divorce, and litigants do not have to prove "grounds" for divorce, but do have to prove "grounds" for annulment. There are other pitfalls of annulment - for example, you will need to file amended tax returns if you filed jointly during the marriage since the marriage will have been declared invalid. For these reasons it is important to consult with an attorney to decide if annulment is the best alternative for youl.

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  • Separated wife continues to live in house uses the kids as an excuse,Cops say she is allowed to stay since they are not divorce?

    My friends, separated wife uses the excuse to see the kids and then ends up staying in the house. The kids don't know what to do but they allow her in the house when their dad is at work. He called the cops but said she is allowed to stay since th...

    Marjory’s Answer

    In Michigan, any home where a married couple resided jointly is considered to be a "marital home" and both are entitled to live there unless the Court orders that one party is entitled to exclusive occupancy of the home. In Michigan, you could file a motion for exclusive occupancy and explain all of the facts in favor of your position to the Judge. The judges are generally reluctant to grant these motions, especially where the party (in this case the Mom) is living in the home with the children, since they do not like to disrupt the childrens' lives any more than is necessary. My experience is that such motions are successful only where there is fairly significant domestic violence or an otherwise terribly tense environnment for the children, and usually only when the person being excluded from the home has somewhere else to live.

    Please understand that different states or even different jurisdictions within states may have different laws, procedures and practices. This advice is applicable in Michigan, but other jurisdictions may differ.

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