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I want to file for divorce. I know I don't need a lawyer to…

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I want to file for...
I want to file for divorce. I know I don't need a lawyer to file for divorce, but I know this will not happen without a fight with my husband. Can I defend myself or do I need a lawyer? I feel confident that he will not be able to defend himself well, as I already have charged him with domestic violence charges he already pleaded guilty to. Another thing, we have a business together. My marriage was arranged. Landlord is my husbands aunt and we have a land contract that my name is ***** ***** husband lies on taxes even though I have stressed to him to claim which has caused a big burden on our marriage as well because we think differently when it comes to business. Do you think I can take control of the business and get him out? What consequence do you think a court can put on me for speaking up about the corruptness that has been going on? My husband with domestic violence charges only received probation and a heal counseling program for a year being that it was his first offense. I want control of the buisnsss and honestly want my husband in jail because I am worried what he will do to me for speaking the truth. I am okay with consequence such as probation as long as they allow me to fix things for myself and not have to hide anymore from fear. I have 3 children I am responsible for. We don't own anything other than 2 vehicles in my name and a home that is only rented also in my name, because we have never got any credit for what were worth.
Submitted: 5 months ago.Category: Family Law
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11/21/2017
Family Lawyer: RayAnswers, Lawyer replied 5 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 46,428
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 5 months ago
Ok, my name is ***** ***** land contract and am not recognized through the state with the business license.
Family Lawyer: RayAnswers, Lawyer replied 5 months ago

You can file for divorce and have him served.The court will divide assets if you cannot reach agreement.

Forms and self help

https://michiganlegalhelp.org/self-help-tools/family/do-it-yourself-divorce#

Required Forms

A divorce case is started by filing a summons, complaint, and other required papers with the court. You can start your divorce process by completing an Automated Online Divorce Forms interview on the Michigan Legal Help website. Your forms will be automatically generated with the information you input.

Serving Your Complaint

Once you file your forms, an adult other than you must “serve” (deliver) your divorce papers to your spouse. You can hire a sheriff’s deputy or have another adult personally hand the papers to your spouse or mail the papers by registered or certified mail, with return receipt requested. Whoever serves your spouse must fill out and sign a Proof of Service form and give it back to you - you must then file the completed Proof of Service form with the county clerk.

Waiting Period

If you and your spouse have no children together, there is a two-month waiting period before you can actually be divorced. The waiting period starts when you file your paperwork with the court.

If you and your spouse have children together, there is a six-month waiting period before you can actually be divorced. Again, the waiting period starts when you file your paperwork with the court.

In either case, if you and your spouse don’t agree on everything (division of property, alimony, child custody and support), your divorce can take much longer.

Friend of the Court

If you and your spouse have children together, your case might be referred to the Friend of the Court (FOC) to meet with an evaluator or case worker. The evaluator will interview you, your spouse, your children, and other people important to your case, like relatives, teachers, or doctors. If both you and your spouse agree, you may opt-out of the FOC services.

The FOC assists the court with custody, parenting time (visitation), and child support issues by:

  • investigating and issuing recommendations
  • offering mediation services, and
  • ensuring parents obey court orders.

The judge considers the FOC’s reports and recommendations and may give them great weight in making determinations. However, the court does not have to agree with the FOC and may reach a different decision on some or all of the issues regarding your children.

More Information & Resources

See our topic area on Michigan Divorce and Family Laws for more on the divorce process and related legal issues.

Michigan Legal Help provides many services to people seeking divorce, including checklists to help you prepare your case with or without children, Automated Online Divorce Forms, and self-help articles.

The Michigan Courts website also provides information, including links to the laws governing divorce in Michigan, filing fees, and mediation resources.

I appreciate the chance to help you tonight.Thanks again and the best to you.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 5 months ago
Ok, he doesn't want responsibility for the children I am not concerned about that. It's the business, I need to know about the business. He will leave me the children but want the business for himself. What consequences can I pay for speaking the truth and start establishing my businsss correctly.
Customer reply replied 5 months ago
how do I protect myself from him?
Customer reply replied 5 months ago
He will be very mad and will lose the buisness before he allows me to have any part in it so I don't get anything.
Family Lawyer: RayAnswers, Lawyer replied 5 months ago

Court will order business sold or otherwise divide it here fairly.You have the right to speak the trust to the judge.If he thre4atens you call the police.

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