Divorce, Infidelity, and PPO's

[urbansound]

• Hi and thank you to everyone on the board!
  
  In Michigan, my wife has filed a complaint of divorce at my hearing for motion to terminate PPO.
  
  The PPO was sustained, based upon preponderance of claims, that have left reasons to believe that a rehearing may be granted, let me assume for the moment, the re-hearing is granted...
  
  PPO being challenged, has resulted in my inability to acquire records and other property from the home, I need for the divorce. Married 3 years, during a prior separation, I purchased our current home, no equity, $1,100 per mo, we reconciled.
  
  I am the only one named as single man on the deed. Again, new infidelity, established in PPO hearing to terminate. Financial records, bogus FIA filing on her part, home improvement records, costs, etc.
  
  1) How do I manage a negotiation with a remaining PPO in contest?
  
  2) The divorce summons enjoins all parties to me from contact in any way, how do I negotiate a settlement?
  
  3) Do I subpoena my records from her, and/or FIA? Or just subpoena her and require here to bring all?
  
  4) How do I retrieve my personal belongings? Can a peace officer assist still while the PPO remains in challenge?
  
  5) If I win the cause for my home, will she be required to move out timely? She has worked in the past, but not nearly able to afford the mortgage. She has one adopted child in the home, 6 years old. She has moved for spousal support during the divorse proceedings. She is presently working, last known since forcing me from the home.
  
  6) Can the infidelity and pendancy of the PPO for validity work within my response to the divorce complaint, to defend from her seeking spousal support? (She has a man living in my home with her, stated paying rent, using my address and phone for a scam business public advertised, who the judge required to move out, claims that he has moved out).
  
  These matters are both before the same judge. Yes, I am working to get my attorney up to speed in this instance, but I'm hoping to identify an approach to digest some of this before hand and there is a very short time period to the PPO rehearing I need to posture with the divorce response a few days after that, from 4 days ago.

Thank you sincerely, for any pointers to law or guidance. I do not seek advice, per se, that would be inappropriate.

Mike

[Mr. Knowitall]

1) How do I manage a negotiation with a remaining PPO in contest?

You use your lawyer, or get permission from the court which issued the PPO.

2) The divorce summons enjoins all parties to me from contact in any way, how do I negotiate a settlement?

You use your lawyer, or get permission from the court which issued the PPO.

3) Do I subpoena my records from her, and/or FIA? Or just subpoena her and require here to bring all?

What records?

4) How do I retrieve my personal belongings? Can a peace officer assist still while the PPO remains in challenge?

Have the court issue an order describing how you are to collect your possessions.

5) If I win the cause for my home, will she be required to move out timely? She has worked in the past, but not nearly able to afford the mortgage. She has one adopted child in the home, 6 years old. She has moved for spousal support during the divorse proceedings. She is presently working, last known since forcing me from the home.

Usually, issues of residence are resolved in the final judgment.

6) Can the infidelity and pendancy of the PPO for validity work within my response to the divorce complaint, to defend from her seeking spousal support? (She has a man living in my home with her, stated paying rent, using my address and phone for a scam business public advertised, who the judge required to move out, claims that he has moved out).

The court must look at a list of factors when considering if spousal support is appropriate, including:

* Past Relations and Conduct of the Parties
* Length of the Marriage
* Ability to Work
* Source and Amount of Property Awarded
* Ages of the Parties
* Ability to Pay
* Present Situation of the Parties
* The Needs of the Parties
* Health of the Parties
* Prior Standard of Living
* General Principles of Equity

Your lawyer should be able to detail what the factors mean, and describe how each factor might be applied in your case.

[urbansound]

• Thank you again,
  
  A lawyer is being obtained, however the timetable of filings related to this case, are 14 days, of which 4 are now used up, so there is urgency to assist preparation and determination of these things to not overwhelm the attorney who will handle all of it, for timely execution directly and in lieu of 2 other related matters he will face.
  
  1 and 2 are being staged as a unilateral stipulation, via an objective family member who agreed to recieve and effect the stipulations, for filing with the court.
  
  3) Records needed include income records, receipts of home improvement, FIA income wife has obtained from FIA, without my inclusion, her income records, my own banking records and virtually all other things I would care to require she provide for this need.
  
  4) Is being handled as 1 and 2 above.
  
  5) Ditto
  
  6) Thank you for the list. Is there mcr or mcl which govern the process of these determinations under law, that you might point to in Michigan?
  
  Hopefully, no more questions and thank you for your effort to help.

Mike

[Mr. Knowitall]

For some guidance, see Olson v. Olson, 256 Mich. App. 619 (2003).