A Flint Divorce Attorney shares his thought on a high profile infidelity. What do you think?
WHEN THE HUSBAND HAS AN AFFAIR
It is an unfortunate reality of some marital break ups, one spouse has an affair. We see that in the tabloids where an actress we all respect has had that happen to her.
Marriages have their ups and downs.
Each of the parties should follow their hearts and do what is best for the children and themselves.
Putting the children first is a life test for parents.
Think of the confusion and hurt of the children.
Think of the pressure on the parents. Its public and high profile. So what! The parents must privatize this as quickly as possible.
Their children will measure them by how they see their parents handle this.
It will affect the children forever.
Does it really matter that the husband sought out a stripper. in Michgian when evaluating a parents fitness for child custody or parenting time in a Flint Divorce Court what is called a Best interest factor is used (f) The moral fitness of the parties involved.
The position of Jesse James if her were in Michigan is weakened because the concept of fault can be factored into a custody decision even given Michigan’s no-fault divorce statute. Feldman v Feldman, 55 Mich App 147, 222 NW2d 2 (1974); Kretzschmar v Kretzschmar, 48 Mich App 279, 210 NW2d 352 (1973).
Factor “f” evaluates the parties’ relative moral fitness only as it relates to how they will function as a parent and not as to who is the morally superior adult. Fletcher v Fletcher, 447 Mich 871, 526 NW2d 889 (1994) (error in finding that this factor favored plaintiff; there was no evidence that defendant’s extramarital affairs had any adverse effect on her ability to raise children).
THE AFFAIR CAN BE USED TO DEMONSTRATE HIS POOR JUDGEMENT
Although an extramarital affair is not necessarily a reliable indicator of the party’s parenting ability, in Berger v Berger, 277 Mich App 700, 747 NW2d 336 (2008), the court found that the unique nature of defendant’s affair, i.e., seducing the children’s nanny, plaintiff’s cousin, in the marital home, demonstrated extraordinarily poor judgment and lack of insight about the impact his conduct could have on everyone in the household, including, ultimately, the children.
Maybe the selection of a stripper means he never wanted a relationship. But it still hurts those he loved the most.
We can watch this saga and wonder how will a divorce court react to this drama?
In Flint Family Law Court in Michigan a “no fault” divorce state; the words “no fault” can be misleading. If the parties reach a final settlement on all issues, fault is not a factor. If there is a dispute about property, child or spousal support, parenting time, or custody, fault may become an active ingredient in resolving these issues.
“The ballad of Jesse James seems headed for a showdown, as family fallout continues amid infidelity allegations aimed at Oscar-winner Sandra Bullock's husband of five years.[3]
WAS SHE EVER AROUND THE CHILDREN
A San Diego-based tattoo model, McGee claimed to have had a months-long affair with Jesse James, the husband of recent Oscar-winner Sandra Bullock. [1]
WHAT A HARD FALL THIS MUST BE
“Talk about humiliation. Bullock, 45, spent the entire awards season effusively thanking her husband for having her back and making her a better actress. Just 10 days ago, she acknowledged him again on the Oscar stage and when the camera panned to the star of the cancelled Monster Garage TV series, there was a touching tear sliding down his cheek. “[2]
MICHIGAN IS A NO FAULT STATE .WILL AN AFFAIR MATTER? YES1
Michigan is a no-fault divorce state, here fault is a consideration in property awards, as it is with child custody. However, fault may not be used as a punitive basis for an inequitable division. McDougal v McDougal, 451 Mich 80, 545 NW2d 357 (1996).
Posted here by
Terry Bankert
A Flint Divorce Lawyer.
http://www.dumpmyspouse.com/
see
[1]
http://www.people.com/people/article/0,,20352881,00.html
[2]
http://blogs.ajc.com/misadventures-in-atlanta/2010/03/19/can-we-have-it-all/?cxntfid=blogs_misadventures_in_atlanta
[3]
http://www.newsday.com/entertainment/celebrities/more-fallout-over-jesse-james-alleged-infidelity-1.1819094
Showing posts with label #4 Do's and Don'ts of Divorce.. Show all posts
Showing posts with label #4 Do's and Don'ts of Divorce.. Show all posts
Friday, March 19, 2010
Tuesday, April 28, 2009
Dad wins Custody, joint!
FlintFamilyLaw.com
- CUSTODY-HOT OFF THE PRESS-
This article by Flint Divorce Lawyer Terry Bankert. Family Law Attorney Bankert practices exclusively in Family Law. The Bankerts Lynn ( office manager) and Terry
( Divorce Lawyer) are there for you when you call. You will be an important client.
The Michigan Court of Appeals on 4/21/09 released the following "unpublished opinion from a case out of the Delta Circuit Court.
Issues: Custody; Whether the trial court correctly concluded an established custodial environment did not exist with either party; MCL 722.28; Fletcher v. Fletcher; Rittershaus v. Rittershaus; Baker v. Baker; Hayes v. Hayes; Foskett v. Foskett; Bowers v. Bowers
The case LC No. 08-019370-DM had as parties Ballo v. Branstrom.
THE MICHIGAN COURT OF APPEALS TOLD THE JUDGE OF THE DELTA CIRCUIT COURT THEIR DECISION WAS WRONG.
The trial court's finding an established custodial environment did not exist with either party was against the great weight of the evidence.
DAD WAS RIGHT WHEN HE ARGUED HE SHOULD HAVE JOINT PHYSICAL CUSTODY
The defendant-father appealed the trial court's order granting him and the plaintiff-mother joint legal custody and plaintiff sole physical custody of the parties' minor children. The court concluded the trial court should have determined an established custodial environment existed with both parties.
WHEN DAD IS ACTIVELY INVOLVED IN THE CHILDS LIFE HE SHOULD GET JOINT PHYSICAL CUSTODY
The testimony showed since the children's birth both defendant and plaintiff had provided for their needs. The testimony also demonstrated the children had always looked to both defendant and plaintiff for discipline, guidance, the necessities of life, and parental comfort. There was no indication in the record any of this changed after the parties separated or at any time before the divorce hearing.
THE KIDS WERE NOT SHUFFLED BACK AND FORTH
While it is true repeated custodial changes can destroy a previously established custodial environment, unlike the children in Baker and Bowers the children in this case were not shuffled back and forth between multiple homes and various states, or subjected to multiple and repeated changes in custody.
THE CHILDRENS LIVES HAD INCLUDED QUALITY TIME WITH DAD AND IT SHOULD STAY THAT WAY
The children's time was simply split between two homes in the same state, one of which they had lived in since they were born. Further, the past exchanges of the children between the parties were "not so irregular or impromptu as to create uncertainty in the children's lives or destroy their expectations of permanency." Reversed and remanded.
DO IT YOUR SELF?
Need help getting fee waives, pleading and judgement preparation? Just a few unresolved issue? We offer mediation with an attorney and pleading and order preparation at a very reasonable fee for divorce or child support adjustments.
Did you know your cost of filing could be waived?
Contact attorney Terry Bankert http://flintfamilylaw.com/ 810-235-1970
- CUSTODY-HOT OFF THE PRESS-
This article by Flint Divorce Lawyer Terry Bankert. Family Law Attorney Bankert practices exclusively in Family Law. The Bankerts Lynn ( office manager) and Terry
( Divorce Lawyer) are there for you when you call. You will be an important client.
The Michigan Court of Appeals on 4/21/09 released the following "unpublished opinion from a case out of the Delta Circuit Court.
Issues: Custody; Whether the trial court correctly concluded an established custodial environment did not exist with either party; MCL 722.28; Fletcher v. Fletcher; Rittershaus v. Rittershaus; Baker v. Baker; Hayes v. Hayes; Foskett v. Foskett; Bowers v. Bowers
The case LC No. 08-019370-DM had as parties Ballo v. Branstrom.
THE MICHIGAN COURT OF APPEALS TOLD THE JUDGE OF THE DELTA CIRCUIT COURT THEIR DECISION WAS WRONG.
The trial court's finding an established custodial environment did not exist with either party was against the great weight of the evidence.
DAD WAS RIGHT WHEN HE ARGUED HE SHOULD HAVE JOINT PHYSICAL CUSTODY
The defendant-father appealed the trial court's order granting him and the plaintiff-mother joint legal custody and plaintiff sole physical custody of the parties' minor children. The court concluded the trial court should have determined an established custodial environment existed with both parties.
WHEN DAD IS ACTIVELY INVOLVED IN THE CHILDS LIFE HE SHOULD GET JOINT PHYSICAL CUSTODY
The testimony showed since the children's birth both defendant and plaintiff had provided for their needs. The testimony also demonstrated the children had always looked to both defendant and plaintiff for discipline, guidance, the necessities of life, and parental comfort. There was no indication in the record any of this changed after the parties separated or at any time before the divorce hearing.
THE KIDS WERE NOT SHUFFLED BACK AND FORTH
While it is true repeated custodial changes can destroy a previously established custodial environment, unlike the children in Baker and Bowers the children in this case were not shuffled back and forth between multiple homes and various states, or subjected to multiple and repeated changes in custody.
THE CHILDRENS LIVES HAD INCLUDED QUALITY TIME WITH DAD AND IT SHOULD STAY THAT WAY
The children's time was simply split between two homes in the same state, one of which they had lived in since they were born. Further, the past exchanges of the children between the parties were "not so irregular or impromptu as to create uncertainty in the children's lives or destroy their expectations of permanency." Reversed and remanded.
DO IT YOUR SELF?
Need help getting fee waives, pleading and judgement preparation? Just a few unresolved issue? We offer mediation with an attorney and pleading and order preparation at a very reasonable fee for divorce or child support adjustments.
Did you know your cost of filing could be waived?
Contact attorney Terry Bankert http://flintfamilylaw.com/ 810-235-1970
Thursday, October 02, 2008
Understanding Divorce
UNDERSTANDING THE DIVORCE PROCESS
By Attorney Terry Ray Bankert 810 235-1970
My firm offers family law services: DIVORCE, child support, parenting time, child custody and Grand Parents rights. These Services through mediation are offered state wide.
Divorce litigation is offered in Genesee County Michigan. We get our message to market through, FindLaw, Terry R. Bankert P.C. Blog, dumpmyspouse, AttorneyBankert,facebook, FlintTalk,Blogging for Michigan,myspace, Flint Talk radio, Flint Journal Community blogs, CPS Courier, and WFLT 1420 am radio.
We use the internet venues to present our service to market. For instance the venue " dumpmyspouse " firm offers billboard placement and a .com address thats remembered. Our site is rich in detail with articles on Divorce, divorce law, divorce forms. I describe my services as a divorce attorney / divorce lawyer, your divorce rights, divorce custody, divorce parenting time, and the procedures of divorce in Flint Michigan and the State of Michigan.
My theory is to approach divorce and domestic actions through the eyes of the children when applicable and always from a sense of fairness and equity. State wide I offer divorce mediation services for your privacy and development of a divorce judgement both of you want not a judge.
See http://attorneybankert.com/ for Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/Do you need help now? Call 810 235-1970 !Date 10/2/2008
Where to File for Divorce
State courts have power (or "jurisdiction") over divorce proceedings, here it will be the Genesee County Circuit Court , so the spouse seeking a divorce files an initial document called a divorce "complaint".
Michigan has a specific family court division where the divorce petition is filed and the case is heard.
Do I have to live in a state to get a divorce there?All states require a spouse to be a resident of the state -- often for at least six months , Michigan, and sometimes for as long as one year -- before filing for a divorce there. Someone who files for divorce must offer proof that he or she has resided there for the required length of time.
Only three states -- Alaska, South Dakota and Washington -- have no statutory requirement for resident status.If you think that your spouse will file for divorce in another state, it may be prudent to spend the money up front and file first -- in your home state.
Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses.
Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support , must be filed in the original state. This could keep you traveling out of state for years to come, especially if you have children with your spouse.
Can one spouse move to a different state or country to get a divorce?If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce.If you receive documents from a foreign country, you may want to consult an attorney to advise you of whether your state court or the foreign court governs the issues. This depends on many factors, such as which particular country is involved, where the parties lived and for how long and, of course, whether children are involved.
Filing and Serving the Divorce/Dissolution Petition
The divorce/dissolution Complaint is a legal document that is filed in court by a spouse who seeks a divorce. Also called the "petition" in some states, the complaint informs the court of the filing spouse's desire to end the marriage, and its filing with the court signifies the initiation of the divorce process.
Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun (more on serving the petition below).
Contents of the Divorce Complaint: Information and RequestsWhile specific requirements and formats vary from state to state, the divorce/dissolution petition typically contains the following information:
Identification of the spouses by name and address;
Date and place of marriage;
Identific ation of children of the marriage;
Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;Grounds for divorce;
There has been a breakdown in the Marital relationship and the bonds of matrimony have been broken. Specific fault does not have to be stated.
Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.
Contents of the Divorce/Dissolution Petition: Temporary Orders
In addition to the information described above, the divorce complaint may ask the court to put temporary "orders" in place on certain family and financial issues while the divorce process is ongoing.
If approved, these orders usually stay in effect until the divorce becomes final.
These temporary orders may pertain to issues such as:
Which spouse will have primary (physical) custody of the child(ren);
Child visitation schedule for the non-custodial spouse;
Payment of child support;
Payment of spousal support;
Which spouse will live in the couple's house or primary residence;
Payment of bills and other financial concerns
*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/
Do you need help now?Call 810 235-1970 !
By Attorney Terry Ray Bankert 810 235-1970
My firm offers family law services: DIVORCE, child support, parenting time, child custody and Grand Parents rights. These Services through mediation are offered state wide.
Divorce litigation is offered in Genesee County Michigan. We get our message to market through, FindLaw, Terry R. Bankert P.C. Blog, dumpmyspouse, AttorneyBankert,facebook, FlintTalk,Blogging for Michigan,myspace, Flint Talk radio, Flint Journal Community blogs, CPS Courier, and WFLT 1420 am radio.
We use the internet venues to present our service to market. For instance the venue " dumpmyspouse " firm offers billboard placement and a .com address thats remembered. Our site is rich in detail with articles on Divorce, divorce law, divorce forms. I describe my services as a divorce attorney / divorce lawyer, your divorce rights, divorce custody, divorce parenting time, and the procedures of divorce in Flint Michigan and the State of Michigan.
My theory is to approach divorce and domestic actions through the eyes of the children when applicable and always from a sense of fairness and equity. State wide I offer divorce mediation services for your privacy and development of a divorce judgement both of you want not a judge.
See http://attorneybankert.com/ for Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/Do you need help now? Call 810 235-1970 !Date 10/2/2008
Where to File for Divorce
State courts have power (or "jurisdiction") over divorce proceedings, here it will be the Genesee County Circuit Court , so the spouse seeking a divorce files an initial document called a divorce "complaint".
Michigan has a specific family court division where the divorce petition is filed and the case is heard.
Do I have to live in a state to get a divorce there?All states require a spouse to be a resident of the state -- often for at least six months , Michigan, and sometimes for as long as one year -- before filing for a divorce there. Someone who files for divorce must offer proof that he or she has resided there for the required length of time.
Only three states -- Alaska, South Dakota and Washington -- have no statutory requirement for resident status.If you think that your spouse will file for divorce in another state, it may be prudent to spend the money up front and file first -- in your home state.
Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses.
Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support , must be filed in the original state. This could keep you traveling out of state for years to come, especially if you have children with your spouse.
Can one spouse move to a different state or country to get a divorce?If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce.If you receive documents from a foreign country, you may want to consult an attorney to advise you of whether your state court or the foreign court governs the issues. This depends on many factors, such as which particular country is involved, where the parties lived and for how long and, of course, whether children are involved.
Filing and Serving the Divorce/Dissolution Petition
The divorce/dissolution Complaint is a legal document that is filed in court by a spouse who seeks a divorce. Also called the "petition" in some states, the complaint informs the court of the filing spouse's desire to end the marriage, and its filing with the court signifies the initiation of the divorce process.
Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun (more on serving the petition below).
Contents of the Divorce Complaint: Information and RequestsWhile specific requirements and formats vary from state to state, the divorce/dissolution petition typically contains the following information:
Identification of the spouses by name and address;
Date and place of marriage;
Identific ation of children of the marriage;
Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;Grounds for divorce;
There has been a breakdown in the Marital relationship and the bonds of matrimony have been broken. Specific fault does not have to be stated.
Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.
Contents of the Divorce/Dissolution Petition: Temporary Orders
In addition to the information described above, the divorce complaint may ask the court to put temporary "orders" in place on certain family and financial issues while the divorce process is ongoing.
If approved, these orders usually stay in effect until the divorce becomes final.
These temporary orders may pertain to issues such as:
Which spouse will have primary (physical) custody of the child(ren);
Child visitation schedule for the non-custodial spouse;
Payment of child support;
Payment of spousal support;
Which spouse will live in the couple's house or primary residence;
Payment of bills and other financial concerns
*****
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/
Do you need help now?Call 810 235-1970 !
Thursday, September 14, 2006
#4 The Divorce Process: Do's ,Don'ts and a few of the steps.
Do you need help now? Call 810 235-1970 !
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/
Divorce can be a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that your actions throughout the process can affect your familial, emotional, and financial situation for years to come. Following are some "do's and don'ts" for the divorce process.
THE DO's
DO be reasonable and cooperate as much as possible with your soon-to-be-ex. Reasonable compromise yields quicker and easier results in divorce cases.
DO support your children through this process. It's even tougher on them than on you. Don't make them pick sides.
DO let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements.
DO fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final.
DO ask your attorney if anything doesn't make sense. Your attorney works for you, and should help you understand every part of the divorce process.
THE DON'Ts
DON'T make big plans to take a job in another state or move out of the country until your divorce is final. Your new life could interfere with getting your divorce finalized.
DON'T violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer.
DON'T "give away" property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets.
DON'T go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected.
DON’T make wedding plans with your new significant other until your divorce is finalized.
A FEW OF THE ISSUES.
180 day residency in Michigan required of one of the parties.
Friend of the Court becomes involved if there are children or spousal support is requested.
Allegations In a divorce proceeding the only allegation of the grounds for divorce the statute permits is the no-fault grounds, i.e. " there ha been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likely hood that the marriage can be preserved.
Child Custody proceedings are often part of a divorce action but they may be initiated independent of a divorce proceedings. A married parent may independently commence an action for child support as long as there is no divorce or separate maintenance proceedings.
OTHER PARTIES Generally it is beyond the jurisdiction of the divorce court to adjudicate third- party rights regarding property. An example is a car loan with both names on it. One may be ordered to pay it in the divorce but both can be sued by the lien holder.
Filing and Serving the Divorce/Dissolution Petition
The divorce complaint is a legal document that is filed in court by a spouse who seeks a divorce. This complaint informs the court of the filing spouse's (called the "petitioner") desire to end the marriage, and its filing with the court signifies the initiation of the divorce process. Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun.
Contents of the Divorce/Dissolution Petition: Information and Requests
A complaint typically contains the following information:
Identification of the spouses by name and address;
Date and place of marriage;
Identification of children of the marriage;
Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;
Grounds for divorce;
Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.
A divorce complaint should be as neutral a document as possible. Inflammatory language can
open up wounds that will never heal.
Do you need help now? Call 810 235-1970 !
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/
Divorce can be a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that your actions throughout the process can affect your familial, emotional, and financial situation for years to come. Following are some "do's and don'ts" for the divorce process.
THE DO's
DO be reasonable and cooperate as much as possible with your soon-to-be-ex. Reasonable compromise yields quicker and easier results in divorce cases.
DO support your children through this process. It's even tougher on them than on you. Don't make them pick sides.
DO let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements.
DO fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final.
DO ask your attorney if anything doesn't make sense. Your attorney works for you, and should help you understand every part of the divorce process.
THE DON'Ts
DON'T make big plans to take a job in another state or move out of the country until your divorce is final. Your new life could interfere with getting your divorce finalized.
DON'T violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer.
DON'T "give away" property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets.
DON'T go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected.
DON’T make wedding plans with your new significant other until your divorce is finalized.
A FEW OF THE ISSUES.
180 day residency in Michigan required of one of the parties.
Friend of the Court becomes involved if there are children or spousal support is requested.
Allegations In a divorce proceeding the only allegation of the grounds for divorce the statute permits is the no-fault grounds, i.e. " there ha been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likely hood that the marriage can be preserved.
Child Custody proceedings are often part of a divorce action but they may be initiated independent of a divorce proceedings. A married parent may independently commence an action for child support as long as there is no divorce or separate maintenance proceedings.
OTHER PARTIES Generally it is beyond the jurisdiction of the divorce court to adjudicate third- party rights regarding property. An example is a car loan with both names on it. One may be ordered to pay it in the divorce but both can be sued by the lien holder.
Filing and Serving the Divorce/Dissolution Petition
The divorce complaint is a legal document that is filed in court by a spouse who seeks a divorce. This complaint informs the court of the filing spouse's (called the "petitioner") desire to end the marriage, and its filing with the court signifies the initiation of the divorce process. Once the divorce/dissolution petition has been "served" on the petitioner's spouse, it also notifies him or her that the divorce process has begun.
Contents of the Divorce/Dissolution Petition: Information and Requests
A complaint typically contains the following information:
Identification of the spouses by name and address;
Date and place of marriage;
Identification of children of the marriage;
Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;
Grounds for divorce;
Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.
A divorce complaint should be as neutral a document as possible. Inflammatory language can
open up wounds that will never heal.
Do you need help now? Call 810 235-1970 !
By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer. http://terrybankert.blogspot.com/
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