Legal Question in Family Law in Michigan

Dear LawGuru Team,

My brother is filing for a divorce in Michigan. He and his wife have 3 minor children. He's being told that as part of the status quo motion, he will have to remain in the home with his wife for 60 days after the divorce is filed. I am concerned that when she is served, she will become malicious and hostile towards my brother. I am confused as to why, in this day and age of spousal abuse and vindictive litigation, a divorcing couple would be forced to live together. I am a correctional officer and all I can think of is the many different ways an angry woman could drum up allegations of physical abuse or worse. My brother's career is in an industry where a simple allegation could destroy his career irrevocably. My question is, does the 60 day status-quo actually mean they have to RESIDE together or is it just a ban on changing the family's financial/custodial situation? My brother has family members' homes where he could go to stay during this time that would not cause any shift in the family's current finances or his wife and children's place of residence. He wants his wife and children to remain in the home to make it less traumatic on his children. Is that allowed?? I appreciate any input on this matter as I am truly worried about how badly my sister in law will react once served. Too many years working with offenders has made it far to easy for me to see how terribly wrong this could go if they remain under the same roof. Again, I appreciate you time and advice. Thank you.


Asked on 6/25/11, 2:59 am

1 Answer from Attorneys
William Stern William Stern, P.C.

There is no such rule as a 60 day status quo rule. Your brother may be getting advice to enter a status quo order if they are living under the same roof. If your brother resides elsewhere while the case is pending, that is fine but someone is going to have to pay to keep the mortgage, insurance and utilities paid. That could be expensive if he has to pay for an alternative living space, also. So if he wants to move out, fine. The status quo order could then be converted to a temporary spousal support order or an order to maintain the status quo with regard to paying for the home.

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Answered on 6/25/11, 10:30 am


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