CAN MY SPOUSE PREVENT ME FROM GETTING A DIVORCE?
- No. If you have filed for divorce, your spouse cannot stop the divorce from being finalized. The court will move the case along, with or without his permission or participation.
WILL I BE RESPONSIBLE FOR MY SPOUSE’S STUDENT LOAN DEBT?
- Not generally. If the spouse acquired the student loan debt before the marriage, then typically the debt remains the sole responsibility of that spouse. Note, there can be narrow exceptions to this rule. Contact Schmitt Law, PLLC to obtain further information about student loan debt.
IS MY SPOUSE ENTITLED TO A PORTION OF MY RETIREMENT ACCOUNT?
- Yes, if the retirement account was acquired during the marriage. If the retirement account was acquired before marriage, then it may remain separate property of that spouse.
WILL I BE RESPONSIBLE FOR MY SPOUSE’S MEDICAL DEBT?
- Yes. Medical debt acquired during the marriage is considered marital debt, to be divided equally between the parties.
WILL MY SPOUSE BE RESPONSIBLE FOR MY ATTORNEY’S FEES?
- Do not count on an attorney’s fee award. You may always file a motion to request assistance with payment of your attorney’s fees. However, there is no guarantee that the judge will grant such a request. The answer to this depends on your specific facts and circumstances. Contact Schmitt Law, PLLC to obtain more information about requesting your attorney’s fees to be paid by your spouse.
ARE MEN EVER GRANTED SPOUSAL SUPPORT?
- Yes. The court does not have gender bias when it comes to the determination of payment of spousal support. The court reviews specific factors to determine if the payment of spousal support is appropriate – and awards spousal support when it is appropriate. These awards are not based on gender.
ARE MEN EVER GRANTED CUSTODY?
- Yes. Men can be granted custody of the minor children. The court reviews the 12 best interest factors when making a determination about custody. Gender does not necessarily play a role in the court’s final decision on custody.
Note, the contents provided above are for general information purposes only, and should not be construed as legal advice on any specific facts or circumstances. As family law is complex, answers to your specific and unique situation may vary greatly from the general answers provided in this blog.
EXPERIENCED DIVORCE ATTORNEY
We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.
To discuss your circumstances and legal options, contact Schmitt Law, PLLC online or call (616) 608-4634 to schedule a consultation.
