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Divorce in Michigan
My question involves divorce in the State of: Michigan
Ok well while at deer camp my wife went and bought a trailer to live in. Completely moved out with everything she wants. We have been married for 2 years and have 1 child together. The child is 1.5 years old he will be 2 years old in March.
She stated to me that she doesn't want anyone in her life right now and that she just wants to take care of her kids ( mine included she has two from previous).
We sat down and tried to talk about things. Needless to say that did not go well. A simple discussion turned into arguement with some how her twisting everything I said pointing the blame back at me.
Anyways I don't see this going anywhere and not working out. Being this big problem of communication. Arguements started when I went to 2nd shift at my job. Which we talked about before I went to 2nd shift. The plan was I go to 2nd shift so she could get a day job. Then we would only need a sitter for maybe 2 hours a day being the shifts. Reason being 2nd shift at my job starts at 4pm. Most shifts at jobs during the day end at 5pm. So there is about 1.5 hours a day we would need a sitter. But we had that covered in our discussion too.
So what is the first step besides getting a good attorney. I know that part and have talked to friends that have been through this. They gave me the info for the attorney's they used.
But some questions I need answered.
1. Since she has no job, ( one of the reasons why we been arguing). If she wants an attorney will I have to pay for her legal counsel.
2. Since she moved out of the house, and bought her own place. Being I am the sole person on the deed and mortgage. I purchased the home prior to meeting her and the marriage ( she also is not going to be able to get fiananced for the house). Is it even possible even though she said she doesn't want it. To try and take it from me?
3. She has a vehicle that is fiananced in my name and I am the sole owner on the title. I really don't care ( about making the payments because I would be keeping the vehicle either way) because I do want to provide my son with proper transportation when he is with her. But can she get the vehicle registered in her name and insured in her name with me being the owner. Again she is not going to be able to get fiananced to take full ownership.
4. She has legal gaurdianship of a 16 year old. I am not mentioned on the paper work at all ( even though she took gaurdianship of her while we were married). So I have no legal ties to her. But she is on my health insurance at work. Now when the divorce goes through, she would no longer be considered a dependent. Being she does not live in my house. Even though my wife has legal gaurdianship would I have to keep the health insurance coverage for her. I pay the same amount at work for 2-4 people on my insurance. But I do not want to say yes I will keep the insurance on her. Unless I have to. I know I may have to keep my wife on the insurance and I know I have to keep my son for sure.
Thanks for the time for your responses.
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Re: Divorce in Michigan
1. That's not a question. If you're asking if she can seek money from the marital estate for a lawyer, if she cannot otherwise afford one, yes she can.
2. We don't know anything about the home - when you bought it, whether it was purchased with marital assets, whether she had a home that was sold when you married with the proceeds applied to other marital needs and expenses, appreciation on the home since you married, any improvements or additions.... Assuming you owned the home before you married, at a miniumum she has a claim on the appreciation in its value during the marriage; but in this housing market there may not be any.
3. The vehicle must be registered in the name of the owner or owners. You can convey the car to her, but not unless the car loan is first refinanced. The lender won't release its lien, preventing a transfer of title, unless the loan is paid off or assumed by somebody who they expect to pay it off (assuming they would even consider transferring the loan).
4. It's not clear that you would be able to maintain the health insurance for her. She's not your ward, and she won't be a member of your household. As it stands, I don't see that there would be a legal basis for a court to order continued insurance coverage.
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Re: Divorce in Michigan
I thought I stated I purchased the house 3 years before we married. 2 years before we met. The lawyer I talked to today pretty much cleared up these questions or concerns I had.
Also since there is free legal services available the lawyer I spoke to said I shouldn't have to worry about paying her legal fees.
Basically the only thing that is up in the air is the vehicle. But that is because I know she will not be financed for it. But I am willing to keep making the payments and allow her to have the vehicle. What my lawyer said to do is have the title become a two party title so she can register it in her name and insure it in her name. But she would not be able to sell it nor would I unless we both aggreed.
The only other option is to sell the vehicle and have her get all the money from it so she can buy a vehicle.