Legal Question in Family Law in Michigan
Unfair Divorce Settlement - Reversal?
My husband's divorce became final in May of 2006. His ex-spouse was awarded all of the household goods and furniture, $1,000 per month in spousal support (alimony) and $1139 per month in a property settlement which constitutes 100% of his monthly military retirement. She was also awarded half of his 401K, half of his 2005 bonus (they were separated in February of 2005 and did not live together for the rest of the year.) They were married for 30 years but the ex is a healthy, employed 49 year old woman with no minor children. She is now getting more money per month than he is. I thought Michigan was supposed to be an equitable distribution state?? This is in no way equitable. My husband's divorce attorney did not fight for him at all. What are the chances of getting any of this reversed and can you recommend an attorney who would take the case on a payment plan or contingency?
2 Answers from Attorneys
Re: Unfair Divorce Settlement - Reversal?
A contingency would be unlawful in a divorce case. I don't know any competent appeals lawyers that work on payment plans.
Re: Unfair Divorce Settlement - Reversal?
You would have to appeal. If you wait longer than the period of time where you have a right of appeal, then it becomes much more difficult. You would have to show that the judge made an error in applying the law or abused his or her discretion......a difficult task. It is a major job for a lawyer requiring reading the transcripts of the trial, researching the law and writing the brief. I do not know of any lawyer that would take such a case on a contingency. In fact, it may even be unethical. William S. Stern
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