Archive for November, 2011

My spouse and I are going through a divorce and our house is under water. What should we do?

Many couples are unfortunately experiencing this situation where they are in the process of going through a divorce and have come to the realization that their house is not worth the money they owe.

This situation requires the couple to make some tough choices about how to proceed.

Stopping payment on your mortgage will cause the house to go into foreclosure. As a general rule, the bank won’t work with you until you are three months behind in payments. Once the house goes into foreclosure, an attorney can work with the law firm handling the foreclosure.

Other options include a short sale or a deed in lieu of foreclosure.

I don’t recommend walking away from the property because you and your spouse will be liable for the deficiency when the house is eventually sold by the bank.

No matter what the circumstances are, divorce is never an easy thing to go through. Don’t hesitate to contact me for free if you have any additional questions. We can discreetly discuss your case and determine the options that make the most sense for you.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
11/28
CATEGORY
Divorce
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I just filed for divorce. What do I do between now and the court dates?

“I just found out the court dates are scheduled to take place in a few months. What am I supposed to do in the mean time?”

After you file for divorce, the courts will set various dates and times to appear in court or in front of the Friend of the Court (FOC); typically these dates will be scheduled to take place several months into the future. During the interim there are typically issues that need to be addressed prior to the court hearings.  The most common issues that arise are (a) who pays the bills and (b) who has custody of the children during the pendency of the divorce.   There are programs and paperwork that can be filed to obtain some clarity during the first couple of months of the divorce process.

1.  Ex-parte or Interim Orders:  These are Orders that are signed by the Judge shortly after the case is filed that state how the basic bills should be paid and that all the issues shall remain “status quo”.   Status quo means that the parties shall continue as they have and nothing shall change, including who pays the bills and who has custody and parenting time of the children during this trying time.

2.  Conciliation: This is a program in Livingston County where a third-party attorney, normally Bonnie Miller, will meet with the parties to discuss a short-term plan and assist in resolving monetary issues and parenting time schedules.  These plans are on an interim basis until the divorce is final.Court Date Divorce

No matter what the circumstances are, divorce is never an easy thing to go through. Don’t hesitate to contact me for free if you have any additional questions. We can discreetly discuss your case and determine the options that make the most sense for you.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
11/22
CATEGORY
Divorce
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I am thinking about getting a divorce. Will I have to pay my spouse alimony/spousal support?

Unfortunately there is no simple answer to this question and it will all depend on the variables of your specific situation.  There is no formal statute or law stating that spousal support has to be paid, but there is a formula that is run to determine the strength of any spousal support case.

The formula/algorithm takes into account several variables, but the two key indicators are the length of the marriage and the incomes of the parties.  The computer program will take all of the variables into account and assign a number between 1 and 100. A higher number will indicate a stronger case for spousal support and some Judges won’t award spousal support unless the number is 80 or higher.

This number will help the Judge determine the dollar amount to be paid each month and the duration of the payments.

In addition, either an order from the Judge or negotiations between the two parties can help determine if a monthly rate will be locked in for the duration of the payments or if payments can fluctuate.

No matter what the circumstances are, divorce is never an easy thing to go through. Don’t hesitate to contact me for free if you have any additional questions. We can discreetly discuss your case and determine the options that make the most sense for you.

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Marcus D. Wilcoxalimony

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
11/17
CATEGORY
Divorce
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CPS (Child Protective Services) wants to conduct an interview. What do I do?

You are not obligated to participate in the interview without talking to an attorney first. CPS typically seeks information that will allow them to substantiate a CPS complaint, and thus open the case. In some instances, they will threaten to take your children and you must be aware of your rights to protect yourself.

The people who work for CPS are not attorneys and want to obtain as much information from you and your family before you obtain an attorney.  CPS will state that they have protocols and procedures that they have to follow, which is correct, however they are not statutes of law, but are merely their own internal policies.

CPS does have the authority to take your children out of the home if they can substantiate that there is an immediate threat to the minor children, but this rarely happens.  They are required to investigate all calls and reports associated with the issue and then make a formal filing or case in order to handle the case properly.

CPS will normally want to interview all parties involved and then decide whether or not to open a formal complaint.

The bottom line is that each situation has its own unique circumstances which will dictate how CPS can and will respond.

Don’t hesitate to contact me if you have any questions so that I can help you understand your options.

Marcus@MDWilcoxLaw.com 

www.MDWilcoxLaw.com

Marcus D. Wilcox

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
11/14
CATEGORY
Child Custody
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How fast can I get a divorce? I have already worked everything out with my spouse and would like it finalized ASAP.

This is a common question and it depends on  different variables.

There are statutory requirements that the legislature has passed that states you must wait 6 months from the date of filing to finalize a divorce if you have minor children.  There is a 60 day grace or waiting period from the date of filing if you do not have minor children.

Each Judge has their own way of looking at the waiting requirements and depending on the facts and circumstances, Judges can and will waive the time requirements.

The Judge has to find good cause to waive the time constraints and it’s normally for the best interest of the minor children or a hardship on the parties.  There are several  ways to find hardship, but if both parties agree then the Judges are more likely to grant a judgment of divorce prior to the 6 months or 60 days.

Again some Judges will not waive the requirements at all and others are liberal in granting the party’s

divorce

Divorce

request.

I would be more than happy to answer any questions you have related to this topic. Please don’t hesitate to contact me at Marcus@MDWilcoxLaw.com

Marcus D. Wilcox

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
11/03
CATEGORY
Divorce
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