Michigan divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in – Michigan. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Michigan divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
In order to file a Complaint for Divorce in a Michigan Judicial Circuit Court, one of the parties must have lived in the state for a minimum of 180 days, and in the county of filing for a minimum of 10 days.
Michigan Grounds for Divorce
Michigan is a no-fault divorce state, and as such, there are no means for the parties to charge each other with fault.
Uncontested Divorce in Michigan
In order to file an uncontested divorce in the state of Michigan, there are two conditions, both of which end in a default divorce. After the plaintiff files for divorce:
- The defendant ignores the summons and does not file an answer
- The defendant cannot or will not be located.
The easiest method for obtaining a divorce in Michigan falls under the category of an uncontested divorce, as well. A consent divorce occurs when the parties agree to sign all the necessary papers and attempt any required hearings, and agree to the division of property, child custody, child support, and spousal support as well.
Contested Divorce in Michigan
A contested divorce is much more complex. There are issues in the divorce settlement that the parties cannot agree on. As a result, they must employ divorce attorneys to help them negotiate a settlement, or to represent them in a divorce hearing for a judge to resolve their differences.
Annulment in Michigan
While annulment is the only means for someone to have an illegal marriage proclaimed void, it is rare in Michigan because the grounds for annulment are so difficult to prove:
- Bigamy
- Mental illness
- Physical disability that is adversely affecting the marriage
- Venereal disease
No Fault Divorce in Michigan
There are only two reasons for which a no-fault divorce can be granted in the state of Michigan:
- Mutual consent of the spouses
- Proof that there has been an irreconcilable breakdown of the marriage relationship
Michigan Fault Divorce
There are no grounds for filing a fault-based divorce in Michigan.
Michigan Divorce and Child Custody
Child Custody Laws
Michigan courts consider it their first priority, when determining child custody, to consider the best interests of the child. However, there are other factors that they take into account:
- The love and emotional ties between the child and each parent
- The capacity of each parent to be emotionally involved with the child and to provide the educational, cultural, and spiritual leadership the child needs
- The capacity and desire of the parties to provide food, clothing, medical care and other material needs for the child
- The degree and length of stability the child had in their previous home and the importance of maintaining that stability
- The stability of the proposed custodial parent’s home
- The parties’ moral fitness
- The parties’ mental and physical health
- The child’s home, school, and community history
- The child’s wishes, depending on their age and maturity
- The parties’ ability to encourage and facilitate an ongoing positive relationship with the other parent
- Any evidence of domestic violence
Child Alimony
Michigan considers either parent eligible to pay or receive support, depending on the needs of the parents and the child. There is a state Child Support Formula generally used to compute the person and amount of support. However, there are some additional elements to be considered:
- Any unjust or inappropriate stipulations for a particular case
- The need for the party supplying support to file a bond guaranteeing payments
- The need to provide for health and dental care, childcare, and additional educational measures in the support orders
Michigan uses the Income Share Model to calculate support estimates, as well as Child Support Worksheets.
Michigan Divorce Spousal Support
The Michigan courts may order any spousal support to either party, as considered just and necessary, based upon the circumstances of each particular case.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Michigan
Spouses in the military are protected by Michigan law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From A Michigan Divorce Lawyer?
Michigan, as most states, has some unique and complex processes for filing a Complaint for Divorce. While Michigan is a no-fault state, if the elements of the divorce settlement are being contested, they can still become quite complicated and require the expertise of an experienced divorce lawyer. Their representation can ensure that all the court requirements are met, and that a party’s case is adequately represented in all negotiations, as well as in a hearing before a judge for final resolution.