Entering a Flint Divorce judgement

My name is Terry Bankert and I am a Flint Divorce Lawyer.

Every Michigan and Flint divorce judgment, even when the defendant has been defaulted, requires a court hearing at which proofs are taken. Proofs are statements made in court that are recorded.

The comments of at least one party in a Michgian and Flint divorce action—typically but not necessarily the plaintiff—must establish the grounds for divorce and the court’s jurisdiction to enter a Flint divorce judgment. See MCR 3.210(B)(2), (D), 2.517.

In the case of a default judgment, the party moving for entry of judgment must provide the trial court with sufficient evidence to make the necessary findings and conclusions in order to equitably divide the marital property and determine any other issues, such as spousal support and child custody. Koy v Koy, 274 Mich App 653, 735 NW2d 665 (2007); see also Barnes v Jeudevine, 475 Mich 696, 705, 707, 718 NW2d 311 (2006), cert denied, 549 US 1265 (2007).

WHAT DO YOU SAY IN COURT WHEN FINISHING YOUR DIVORCE?

Questions to Witness for Hearing to Enter Judgment of Divorce


Were the allegations contained in the Complaint for Divorce true at the time it was signed? Are they still true now?

DM ( Divorce with Minor Children)—Are all the living minor children, who were adopted, born, or conceived during this marriage, listed in the Judgment?

DO ( Divorce without children)—Are there any living minor children who were adopted, born, or conceived during this marriage?

To the best of your knowledge, [are you pregnant / is your wife pregnant]?

In the Complaint, you stated that there had been a breakdown of the marriage relationship. Are you reasonably certain that this marriage cannot be preserved under the circumstances?

You have signed the proposed Judgment of Divorce. Do you understand the terms? Have you voluntarily approved the proposed Judgment?

Is the marital property being equitably divided between you and your spouse?

Does the proposed default judgment of divorce accurately reflect your and the defendant’s marital property?

Could you briefly explain to the Court why you believe the proposed division of property is equitable under the circumstances of your case?

In cases with children, counsel or unrepresented parties should advise the court as follows:

Have you prepared a Uniform Support Order in this case for child support and/or spousal support?

Have you prepared and filed with the Friend of the Court the Judgment Information Form?


Briefly indicate why the child custody provisions of the proposed default judgment of divorce are in the best interests of your and the other party’s child(ren).

TEMPORARY RESTRAINING ORDERS

　
Temporary restraining orders by Terry Bankert a Flint Divorce Lawyer.

KNOW YOUR CUSTODY,SUPPORT AND DIVORCE RIGHTS. Michigan Divorce Lawyer , Custody and support.

You can limit the actions of your spouse to drain your bank accounts, sell your assets or limit actions concerning your children by causing the court to grant a temporary restraining order.(TRO). Some courts have procedures to cause this.

Requirements for granting a temporary restraining order (TRO):

If you believe and can explain the need to your judge by stating specific facts shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.

The applicant’s attorney certifies in writing any efforts to give notice and why notice should not be required. For instance the asset may be lost.

A permanent record is made of nonwritten evidence, arguments, or representations supporting the application.

The order must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.

Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.

Personal dangers are protected against by personal protection orders.

Attorney Terry R. Bankert based in Flint Michigan. State Wide Divorce practice in mediation.

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