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Sumner & Associates Attorneys & Counsel

Do you need a Divorce Lawyer Clarkston?

Our Divorce Lawyer Clarkston knows divorces are emotional and challenging which can lead to potential poor judgment calls. Not only are you not in the right frame of mind for a healthy, stable relationship, but it can also affect your legal standing in the divorce.

If you are considering a divorce, don’t deal with the matter alone.  Seeking the advice of an experienced divorce lawyer is always the best course of action.   

Call us today at  248-650-0055 to find out how our Clarkston lawyers can help you.

divorce lawyer clarkston

Scott J. Sumner, J.D. was born in Macomb County, Michigan and attended Utica Community Schools before graduating from Michigan State University (1986) and Michigan State College of Law (1989), previously Detroit College of Law (DCL).

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Frequently Asked Questions for Divorce Lawyer Clarkston

divorce lawyer clarkston

Can I force my spouse to move out once the divorce is filed?

No. Both of you have the right to continue to live in the marital home until the divorce is final. Although most divorcing couples don’t have sexual relations during the divorce, you continue to cohabitate and pay bills like you were prior to filing divorce. However, the most common cause of a party moving out of the marital home is due to domestic violence during or just prior to filing of divorce. Typically, the offender is arrested and removed from the house by police (at or near the time of assault). Once the offending spouse is charged with domestic violence they will be barred from returning to the marital home. This is the case even if the victim spouse wants the offending spouse to return home. 

What can I do to prevent my spouse from taking, removing or destroying my possessions or our property?

Divorce can sometimes get ugly and these situations should be discussed with your attorney, preferably before you file for divorce. If a party has a fear that their spouse may take, remove or destroy property, money or accounts, your attorney can seek cooperation from your spouse’s attorney or seek a protective order from the court. I typically advise clients to put away or remove valuable items for plain sight. Things of personal value, that your spiteful spouse may cause to disappear or damage. 

Can I date during divorce?

Yes. You can date during divorce, but I don’t recommend it. There are several reasons and the most obvious is that you are “pouring gas on a fire”. You are still married and should focus on finalizing the details of your marital dissolution agreement. If your dating inflames your spouse in any way, you will have a much harder time negotiating the final settlement terms, in your favor. Further, if minor children are involved in your case, dating will interject itself into the custody and parenting time issues of the case. 

My spouse is the primary earner in the family. Will he/she still need to pay the bills?

The court wants the parties to maintain a financial status quo. Status quo means to continue to pay the bills the same way they were paid before the divorce was filed. This means all household bills and expenses including maintaining any direct deposit of paychecks. Otherwise, the parties are at risk for causing more harm by not making necessary payments and meeting timely obligations. 

What about joint credit cards and joint bank accounts?

In some cases, a spouse may withdraw more than their share of the bank account or run up the credit card debt, beyond normal limits. The best way to attempt to avoid this behavior is to discuss in advance about how to separate your income and bills. If you are fearful of such behavior or experience the same after the filing, you should discuss the same with your attorney. Your attorney could reach out to the other side to get an agreeable solution or file for a protective order with the court.  There are other things you can do with credit cards to build credit or transfer joint debt to individual credit cards. Your strategy will best be worked out between you, your spouse and the attorneys. 
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Sumner & Associates, P.C.
730 S. Rochester Road
Rochester Hills, MI, 48307
(248) 650-0055​

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