Legal Question in Family Law in Michigan

10 years ago I had my son. At that time, my (now husband) and I were not married. During the pregnancy we separated (I moved into my own apartment and he moved into his. He did not attend any doctor appointments nor did he pay for any expenses). We very rarely spoke to one another. When our son was born, we tried to make things work. I broke my apartment lease and moved my son and myself into his apartment (something I would HIGHLY suggest no one doing. The lawyer fees, fines, and settlement was something my son's father did not help with at all). After 2 years, we decided to buy a home for our family. When we found our home, my husband mortgaged it and put his name on the title (I am not on the title nor am I on the actual mortgage). At the time, thinking we were working on our life as a family unit together, I was naive into believing his reasoning into why I should/cannot be on the title. Because of breaking my lease in my old apartment, my credit wasn't in the best standing. He informed me that in order to be on the title, I would need to be on the mortgage, but with such a low credit score, I would mess up the rates and cause us to have a higher mortgage payment. About a year after moving into our home, we got married. My name, and my son's name, was changed to my husband's. Since the beginning I have helped pay the mortgage, update almost every room in the house, landscaping, etc. My husband, on the other hand, would purchase big items on his credit card. Fast forward 5 years, my husband quit his job, unexpectedly, and became 100% dependent on my income. For almost the past year, I have paid every expense in the household, including the mortgage, utilities, updates, groceries, school-related supplies, EVERYTHING. Since he's quit a year ago, he has taken up drinking (he was a firm believer in absolutely no alcohol or smoking since his alcohol-involved car accident when we first met) and cigars, which is an expensive luxury for someone with no income. I later found out that he was taking money out of his 401K to pay for his "extras". He is in debt over $32,000 and is currently enrolled in a consolidation company paying over $550/month. He started working a month ago and makes very little (just enough to cover health insurance, car insurance & his debt payments). We have never had joint accounts or shared expenses in anyway. I have not seen one paycheck since this job started. Our son was switched from a local public school to a nearby private school just last year. It's been very hard on him. With such a VERY LONG (I'm sorry) breakdown of our situation, I have a couple questions that I'm hoping someone can help me with. I need a divorce at this point. I cannot afford to stay in this marriage for numerous reasons. My most fearful is my son who is very much disconnected (at the age of 10) from his father who he has witnessed drunk, angry, and at times, border-line violent (agitated). They spend absolutely no one-on-one time together and when they do, his father criticizes him or is extremely sarcastic which angers my son. There is constant arguing in the household which is horrible for our son to witness. I have spoken to my husband about getting a divorce in which he responded "over your dead body". My husband has a CCW and guns are in the household. He has no problem verbally using threats as a way to quiet me down. ALL of my family and friends are 45 minutes away (yet we live within 2 miles from my in-laws and all of my husband's childhood friends). My parents are fearful for my son and I. My father has stated that he wouldn't put it past him to show up to their house and threaten. My husband carries his gun everywhere he goes and, at times, also wears it on his belt holster in bed. I plan on moving back to my hometown in order to have more family support. In the meantime, school is about to start for 2015-2016 and tuition has been paid. Without my name on the title and mortgage, are there possibilities of my son and I staying in the household (which my husband cannot afford to pay for anyway) during this school year? Is that something that has happened in other cases? I would hate to uproot my son in the middle of the school year and transfer 45 mins away if it's not needed. I am willing to continue to pay the household expenses to keep him local until next year. After the school year is finished, I am hoping that my husband will sell the home and we divide it equally so my son and I have something to start off with. A lot of information and I'm sorry. I'm just trying to breakdown the whole story in case something was/is important with our past situation. Everyone who knows my husband, including his own best friend, has advised me to find the toughest, no-bullshit lawyer I can because of the mindset my husband has. Any help would be greatly appreciated. Thanks for taking the time.


Asked on 8/15/15, 2:14 pm

1 Answer from Attorneys

Christopher Brown Brown & Associates, Legal Services, PLLC

As an attorney, and former police officer, I have a lot of experience dealing with this sort of mentality. See my results at cbrownlegal.com. you may contact my after hours phone number to chat about your situation.

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Answered on 8/15/15, 2:20 pm


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