With the help of a Michigan divorce attorney, you can get legal advice on working through the Michigan divorce process so you can focus your attention on you and your family. Connect with a local Michigan divorce attorney to learn more about Michigan divorce laws and how you might be affected. Set up a preliminary free consultation today by calling 248-434-4110 .
Overview of Michigan Divorce Law
Are you aware of all the Michigan divorce laws and how each will affect the outcome of your divorce? Speak with one of our attorneys to learn more about current law and new legislation.
Grounds for Michigan Divorce: The state of Michigan accepts no fault grounds for divorce. The Michigan divorce courts in the state will grant a divorce if it both spouses give mutual consent or there is an allegation that there is a breakdown in the marriage and there’s no reasonable likelihood of reconciliation.
Michigan Divorce Residency Requirements: To file for divorce in Michigan, you need reside in the state for 180 days before filing the complaint. Either the petitioner or the defendant must be a resident of the county for 10 days before filing the divorce petition, which is typically filed in the county where the petitioner lives.
Property Division During Michigan Divorce: Michigan is an equitable distribution state. The divorce courts have a property division procedure when a divorcing couple cannot reach a settlement. The discovery process is first, which helps classify property and debt. Next, a monetary value is assigned to all marital property. The property is distributed between the two spouses in a way that is deemed fair by the court.
Michigan Divorce Waiting Periods: After you have filed a divorce petition, there’s a minimum 60 day waiting period before a final decree can be entered and that period may be extended to 6 months if a minor child is involved. Michigan divorce courts don’t enforce a remarriage waiting period.
Child Custody & Michigan Divorce: When establishing a child custody order, the divorce courts will act in the best interests of the child. Michigan divorce courts consider the following factors:
• Emotional ties between the parents and child
• Parents’ involvement in giving the child love and guidance, as well as contribution to the child’s education, religious and growing needs
• Each parent’s contribution to providing for the child
• How long the child has lived in a stable, satisfactory home and the desire to maintain the environment
• Permanence of the proposed custodial home
• Mental and physical health and moral fitness of everyone
• Child’s home, school and community experience
• Preference of the child if he or she is old enough to express an opinion
• Willingness of parent to encourage a close relationship between the child and other parent
• Domestic violence
• Other relevant factors
Michigan Child Support: Michigan uses an income share model approach for determining child support issues. Child support in Michigan is calculated by estimating the amount of support that would have been available to the child if the family had stayed together. The estimated amount is then divided proportionally between each parent, depending on each parent’s income. The divorce courts use a Michigan child support worksheet and uses previous pay stubs or W-2s to estimate income.
Michigan divorce law continues to be updated. Talk with a divorce lawyer in Michigan to understand how these laws may affect you. Connect with a local Michigan divorce attorney today – fill out the form online or call us today at 248-434-4110 for your FREE CONSULTATION.
The above synopsis of Michigan divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.