You seem pretty convinced that you are going to be getting divorced....
You seem pretty convinced that you are going to be getting divorced....
ya, unfortunately.. I dont want the divorce, but I cant force her to stay married. Everyone at work said Im going to lose everything including my home, which I purchased a year before we were married but I guess that doesnt matter. im just trying to protect my home from her. Everything else is just material, but my home is worth $200,000.00. I REALLY dont wanna lose that since ive made every payment.
That's right, and she has done nothing but take care of your home and bear and raise your children, responsibilities which have no value? SHE is so miserable that she has left you twice and with a 15 week old infant, have you ever heard of post partum depression? Were you together when you bought the house and did you intend to raise your family in that house with her, when you bought that house? You do realize you are going to get stuck with child support?
Michigan is an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage i.e. that a person had before the marriage are not subject to division in a divorce, unless you have given her that right when you refied, so she may be entitled to at least a portion of the value of the home and possibly even spousal support for a time since she was not employed outside the home.
The appreciation in value in the marital home during the marriage would be a marital asset. There are a lot of factors beyond that which can affect how a court would treat the home within the context of a divorce. You should consider consulting a divorce lawyer rather than trying to make your own loopholes to the law, as a judge might view efforts to get your wife to sign a quitclaim in anticipation of divorce to be overreaching conduct.
And if she is suffering from PPD or duress, signing the QD might be overturned.Quoting aaron
I guess an attorney is the only way to go. she said she wants to play nice, but once attorneys get involved it can turn south real quick, maybe we can just file jointly and agree on everthing ourselves without the need of an attorney. Would a judge still be required to finalize the divorce after we both sign?
Yes. You have to have the divorce judgment entered by a court.