734-359-7018
Now Accepting New Clients!
Blog

DIVORCE 59: A consent judgment of divorce is to be construed as a contract.

Plaintiff and defendant divorced pursuant to a consent judgment of divorce. The consent judgment of divorce provided, in relevant part, that defendant was to receive the former marital home and plaintiff was to receive his share of the equity in the home less half of any outstanding debts or liens on the home and other specified debts which plaintiff owed defendant.

Enforce Judgement of Divorce

After the entry of the consent judgment of divorce, plaintiff filed two motions to enforce the judgment of divorce. Plaintiff argued, in relevant part, that defendant failed to refinance the home or sell the home and pay plaintiff his share of the equity. In response, defendant argued that there was no equity in the home because there was a second mortgage on the home.

At the hearing on plaintiff’s motions, plaintiff argued that defendant should be ordered to sell the home because she failed to refinance.

Judgment of Divorce is a Contract

A consent judgment of divorce is to be construed as a contract and to be applied as such. Likewise, a property settlement agreement in a divorce is construed as a contract.

The consent judgment of divorce includes a property settlement agreement which provides, in relevant part, that defendant was to receive the former marital home, but had to refinance the home within 90 days or sell the home. Despite this clear obligation, the record reflects that defendant did not refinance the home and did not sell the home.

The trial court moved to enforce the judgment of divorce.

Protect Your Rights

Divorce is complex and requires the attention of experienced and knowledgeable counsel. Aldrich Legal Services has the experience and legal know-how to protect your rights and interests.

Contact Aldrich Legal Services

Speak to a Pro: (734) 404-3000

FAMILY LAW 77: Court awarded plaintiff sole legal custody; defendant was unwilling to work with plaintiff.

For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.

CRIMINAL 19: Sentencing guidelines are advisory.

The sentencing guidelines are advisory, and although a trial court must determine the applicable guidelines range and take it into account when imposing a sentence, the court is not required to sentence a defendant within that range.

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405