Residency Requirements and Grounds for Divorce
Dividing the Property
Alimony
Child Custody and Visitation
Child Support
Residency Requirements and Grounds for Divorce
You must be a resident of Michigan for 180 days and a county resident for 10 days to file for a divorce, called a "dissolution."
Either spouse can get a divorce by stating in divorce papers that there has been a breakdown in the marriage to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
The legal divorce process begins when one spouse files a "Complaint of Divorce" in the Circuit Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing.
After the Complaint of Divorce has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.
Dividing the Property
In Michigan, assets and debts acquired during your marriage -called "marital property" - will be divided "equitably" when you divorce. Property either spouse had before the marriage - called "separate property" - is generally not subject to division in a divorce. "Equitable" does not necessarily mean "equal"; instead, it means the court may distribute all of the marital property a manner that is fair and equitable under the circumstances.
It's important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Michigan divorce lawyer can save you a lot of time and money.
Alimony
A court can order alimony - called "spousal support" in Michigan if it considers such an award to be just and reasonable. In deciding whether to award spousal support, a court will generally consider such factors as:
- The ability of either party to pay
- The character and situation of the parties
- The past relations and conduct of the parties
- The length of the marriage
- The ability of the parties to work
- The ages, needs, and health of the parties
- The fault of either party in causing the divorce
Most spousal support is ordered for a specific length of time, but the court can order spousal support to continue indefinitely or until a specific event occurs, such as the remarriage or death of the spouse receiving support.
In Michigan, the court will make child custody decisions based on what is in the "best interest" of the child if the parents can't come to an agreement. Michigan law encourages joint custody, which can mean the right of both parents to make decisions concerning their child's upbringing. The court may award physical custody, which determines where the child lives, to one or both parents. A non-custodial parent - the parent who does not have primary physical custody of the child - is usually granted visitation, which is called "parenting time."
In deciding how much time each parent should spend with the child, the court considers many factors, including:
- The love, affection and other emotional ties between the parents and the child
- The capacity and disposition of the parents to give the child love, affection and guidance to continue the education and raising of the child in his or her religion or creed, if any
- The capacity and disposition of the parents to provide the child with material needs such as food, clothing, medical care or other remedial care in the place of medical care permitted by state law
- The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity
- The permanence of the existing or proposed custodial home or homes
- The moral fitness of the parents
- The home, school, and community record of the child
- The reasonable preference of the child
- The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relations between the child and the other parent
- Domestic violence, whether or not it was directed against or witnessed by the child
In addition, a court deciding whether to award joint custody will also consider:
- whether the parents agree on joint custody, and
- whether they will be able to cooperate and generally agree concerning important decisions affecting their child's welfare
After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed and order counseling or mediation.
Child Support
In Michigan, child support is based on:
- The incomes of both parents
- How many children the parent is responsible for supporting
- How much time the children spend with each parent.
If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support and education of the parties' children. Generally, a court will order temporary child support to provide for minor children while the divorce action is pending.
A Michigan child support order can be modified if there has been a change in circumstances such as a big increase or decrease in the paying parent's income.
Related Web Links:
- Michigan Courts
- Michigan Divorce
- Michigan Child Support Calculator
- Michigan Office of Child Support
- Michigan State Profile
- Family Law: Selecting a Good Lawyer
- Divorce - General message board for more help