Legal Question in Family Law in Michigan

Unemployed

My spouse and I have filed for a divorce and the 6 month waiting period will be over in 1 month. I need to make an appointment with the judge for our final court date. Problem: I have recently been laid off from my job. We do not want either of us to pay/receive spousal support. I am receiving unemployment which will pay for my expenses. What is your opinion on how the judge will react to this? My spouse can not really afford to pay me spousal support. And I do not want it. I will already be receiving child support. However, I do not know if and/or how I can convince the judge to allow our divorce to go through as it stands today. Can he make us go beyond the 6 month waiting period (until I get a job) before he will sign the paper? Please advise.


Asked on 4/03/05, 5:59 pm

2 Answers from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Unemployed

Spousal support in Michigan is not automatic. In fact, the general rule is not to have spousal support. Spousal support arises when there is a disparity in the spouses earning potential, not merely a disparity in their incomes currently. The court will presume that the unemployed spouse will eventually find employment. With that said, if you desire spousal support, it never hurts to ask. If you are trying to do a consent judgment of divorce with your ex, the court will not interfere if you do not seek the spousal support. Also, your current financial state can be taken into account for child support. For more info, please contact my office at (248)851-3171.

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Answered on 4/06/05, 11:15 am
William Stern William Stern, P.C.

Re: Unemployed

The judge will not care whether or not you get spousal support. Child support is another issue. You don't need to make an appointment to see the judge. Just prepare the judgment and notice it up for a motion to enter judgment. The court will send you a notice if you filed a default and affidavit in support of the default. If you ask me (which you kind of did), you'd be much farther ahead getting an inexpensive lawyer to walk you two through it. Bill Stern

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Answered on 4/03/05, 10:59 pm


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