Divorce Laws in Michigan

Michigan Divorce Law: An Overview of Divorce in the Great Lakes State

Michigan is known for its picturesque Great Lakes and its vibrant cities, but did you know that it also has a relatively high divorce rate of 3.9% per 1,000 of the total population? When it comes to divorce, Michigan follows liberal laws and only recognizes no-fault divorce grounds. This means that it’s not necessary to prove any fault to obtain or give a divorce.

If you’re considering a divorce in Michigan, it’s important to understand the state’s divorce laws, including property division, alimony, and residency requirements. Read on to learn more about what you need to know before filing for divorce in the Great Lakes State.

Michigan Divorce Law & Property

Michigan is an equitable property state, which means that the court will divide the marital property between spouses in a fair and equitable manner. This could include awarding property to one spouse, ordering the spouses to sell the property and divide the proceeds, or splitting ownership of the property. Retirement accounts, vested pension, or annuity benefits that were acquired during the marriage are considered marital property and can be divided between the spouses.

Property acquired before the marriage is considered separate property and may remain with the original owner, unless it was used to the benefit of both parties during the marriage. If the couple can’t come to an agreement about the division of property, the court will decide.

Michigan Divorce Law & Alimony

Spousal support, or alimony, can be requested by either party. The court may also order alimony to be paid during the divorce proceedings. When determining alimony, the court will take into consideration the incomes and financial resources of both parties.

If you’re considering a divorce in Michigan, it’s important to speak with a qualified divorce attorney who can protect your legal rights and help guide you through the process.

Child Custody in Michigan: A Comprehensive Look

If you are in the process of a divorce in Michigan and need to decide on child custody arrangements, you’re in the right place. Michigan takes a thorough and compassionate approach to determining what is in the best interest for the child. In this article, we’ll dive into the details of the Michigan court system’s standards and procedures for child custody.

Physical and Legal Custody

The court will consider both physical and legal custody when making a ruling. Physical custody refers to where the child will live, while legal custody gives parents the right to make major decisions about their child’s life such as religion and education.

What the Court Considers

When determining the custody arrangement, the court will take into account a variety of factors. These include:

• The emotional ties between the child and each parent
• The ability of each parent to provide love, guidance, and support
• The ability of each parent to encourage the child’s education
• The ability of each parent to fulfill the child’s material needs
• The present environment of the child and its stability
• The age and health of each parent
• The character of each parent
• The willingness of each spouse to support the child’s relationship with the other parent
• The child’s history at home, in school, and in the community

The court will also take into consideration the wishes of the child if they are mature enough to express a parental preference.

Domestic Violence

Any evidence of a history of domestic violence will also be taken into account when determining a custody arrangement.

Parenting Time and Grandparent Visitation in Michigan

Parenting time is designed to help form and maintain strong relationships between children and their parents. It’s important to consider a variety of factors when establishing parenting time – such as the special needs of the child, the likelihood of abuse, the effects of traveling for visitation, and whether either parent failed to take advantage of parenting time while married. It can be difficult for parents to communicate about the specifics of parenting time, so developing a parenting plan is often a useful solution. This plan can include details like transportation costs, restrictions on visitors, requirements for pick-up/drop-off, any need for supervised visitation, and the agreement to adhere to the standards set forth in the plan.

Grandparent Visitation Rights in Michigan

Michigan also recognizes the value of grandparents in a child’s life and grants visitation rights in certain circumstances. These include: the bond between the child and grandparent, any history of meaningful relationships, the health and character of the grandparent, the wishes of the child (if they’re old enough to express a preference), any hostility between a grandparent and parent, and any history of abuse or neglect.

Child Support in Michigan

Michigan uses the income shares model to calculate child support. This considers the incomes of both parents and assigns a specific percentage of the total cost of raising the child to each parent, based on their financial resources. The court will also factor in who pays for costs like health insurance and childcare, as well as everyday needs. If the ordered amount of child support isn’t financially feasible for one parent, the court may adjust the amount to make it more reasonable.

Frequently Asked Questions About Michigan Divorce Laws

When it comes to divorce in Michigan, there are quite a few details to consider. From costs to residency requirements to the actual process, it can be a lot to take in. To make things a bit easier for you, we’ve compiled the answers to some of the most frequently asked questions about Michigan divorce laws.

What is the minimum time period required for processing of a divorce in Michigan?

The amount of time it takes to process a divorce in Michigan varies depending on whether or not there are children involved. If there are children, the process will take a minimum of 60 days. If there are no children, then the waiting period is six months.

How much does a divorce in Michigan cost?

It’s safe to say that a divorce in Michigan will always cost more than you expect. According to the latest research, a Michigan divorce costs an average of $18,000 in urban areas.

If I can’t afford a divorce lawyer, can I represent myself in the court for a divorce?

Yes, you can represent yourself in the court. However, it can be a difficult process and it’s highly recommended that you seek the services of a divorce lawyer. An experienced divorce lawyer can make the process much easier and more successful.

For how long shall I reside in Michigan to get a divorce?

Michigan divorce laws require a mandatory residency period of 180 days. If you are filing from a county district, the residency period for filing a divorce is 10 days.

Can I and my spouse hire the same divorce lawyer or divorce attorney?

No, you and your spouse cannot hire the same divorce lawyer or divorce attorney. It would be impossible for a single divorce lawyer to attack and defend the same person at the same time.

Is there a requirement to hire a divorce lawyer or divorce attorney in Michigan?

No, there is no restriction that you cannot represent yourself, but it is recommended that you engage the services of a divorce lawyer for Michigan divorce proceedings.

Can I claim a divorce if my spouse is not living in Michigan?

Yes, according to Michigan divorce laws, you can file a case in the court for Michigan divorce whether your spouse is living in the same state or not. The court will give a time period of one week or one month to your spouse to respond.

Is there any condition of separation in Michigan divorce law?

No, there is no condition that the spouses must be living separately for a period to file for a divorce decree.

What is meant by uncontested divorce?

An uncontested divorce is a divorce that takes place on the settlement of the spouses without going through the court proceedings. An agreement made through mediation is known as an uncontested divorce agreement.

Are there any other charges for filing a divorce?

Yes, there are filing and order fees, but these fees vary from situation to situation.

Is Michigan a common law state?

No, Michigan has not been a common law state since 1957. However, the state does still recognize any common law marriages that existed prior to 1957.

Is Michigan a No-Fault State?

Yes, Michigan is a no fault state.