Legal Question in Family Law in Michigan
divorce
Before my husband and I married he made certain promises. And now neglected them. I am in serious debt. is there any recourse? He is an over the road truck driver and has not been in michigan since Feb.
2 Answers from Attorneys
Re: divorce
It sounds like you need to file for divorce and have your debts and assets divided equitably.
Promises or statements cannot be enforced unless they are in writing, or he admits to making them, so don't focus on this as part of your separation and filing for divorce.
If you need a divorce lawyer, please contact me.
Thanks.
Re: divorce
Yes: If and only if your spouse put the promises in writing. That is to say, an agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry is void unless that agreement, contract, or promise, or a note or memorandum of the agreement, contract, or promise is in writing and signed with an authorized signature by the party to be charged with the agreement, contract, or promise.
In other words, unless your husband reduced to writing and signed his promises before you married, you cannot enforce his promises. However, if the debt is joint debt and should�God forbid�you file for divorce, a judgment of divorce must include a determination of the property rights of the parties.