There are a lot of complexities associated with divorce, that couples who intend to divorce may navigate. These are faced typically with the state laws and regulations pertaining divorce. It is important that as a couple considering undergoing a divorce, you understand the legal aspect of a divorce fully.
If you’re looking to undergo a divorce, hang on tight as this article is for you. Here, this article will provide you with all you need to know about Michigan’s divorce laws, as we highlight other necessary aspects like filing requirements, property division and child custody issues.
About the No-Fault Divorce in Michigan
Based on the modus operandi of the Michigan state, it runs on a no-fault divorce state. Which means that neither of the couples is at fault or needs to point out any wrong doing before he or she can obtain a divorce. In that the only state at which a divorce can be filed in Michigan is if the marriage has broken down to the extent of that there is no reasonable chance of the marriage being restored or preserved.
However this no-fault system of operation in Michigan helps to streamline the divorce process by doing away with the need for a proof of cruelty, adultery, lying and so many other factors that could lead to a divorce. Moreso, it is important to know why the question of whose fault it is? Is not necessary, it may still be highlighted in the court and will be necessary during the property sharing process, spousal support or who gets a child’s custody.
In order to successfully file for a divorce in Michigan, you should have at least been a resident of the state for nothing less than 180 days not including the day of your filing. In addition, at least one of the partners involved in this divorce process must have lived in the county where the divorce is filed for at least 10 days before filing, with exceptions to certain conditions.
Property Division in Michigan Divorces
The Michigan divorce process works with the principle of equality in distribution, even when it pertains to dividing marital properties in a divorce. It is important to note that it is not necessarily a 50/50 share, but nonetheless the split is fair enough that leaves the both parties satisfied, all these are based on various factors. Here are the factors that may be considered in the court:
1. The length and duration of the marriage.
2. Contributions of both parties to the marital growth.
3. The age and health conditions of the both couples.
4. The circumstances of the both couples before the divorce.
5. Their financial statuses.
6. Their past relations.
7. General principles of equity.
Also know that there is a difference between marital property and personal properties. Marital properties belong to both the couples, they could include assets and debts acquired during the course of their marriage.
However, irrespective of whose name was used in acquiring the property. Personal property are assets that are owned before marriage by each couple individually, this may include inheritances and gifts all acquired before marriage.
Also know that a personal property can also become a marital property with time, that is if both parties contributed to the improvements, the increased value of that asset will be considered marital property.
Spousal Support (Alimony) in Michigan
In Michigan and most other places around the world Spousal support, is also referred to as alimony. In most cases of divorce it is also awarded, unlike the child support, this form of support is for the spouse and does not have a set formula for its calculation. However, the court may consider various factors that will help determine the spousal support, if it’s fair enough, how much and for how long. The various factors that may be considered are:
1. The past relations and conduct of the parties.
2. The length of the marriage.
3. The abilities of the parties to work.
4. The ages of the spouses.
5. The present situation of the parties
6. The needs of the both spouses.
7. Health statuses of the both parties
8. General principles of equity
This Spousal support is awarded temporarily after the divorce, it can be short term or long term. The aim is to help ease the financial burden that may come with divorce and help them maintain a standard of living that is comparable to what was enjoyed during the marriage.
Child Custody and Support
The determination of which spouse gets the child(s) custody in Michigan after the divorce, is determined with the interests of the child at heart. Here are the various factors the court may consider, they are:
1. Emotional ties between the both spouse and the child.
2. The capacity of the spouses to continue educating and raising the child.
3. The duration of time the child has lived in a satisfactory environment and the desirability of the child in continuing his or her stay.
4. Moral fitness of the spouses.
5. The mental and physical health conditions of the spouses.
6. The home, school, and community record of the child.
7. Domestic violence, regardless of whether it was witnessed by or directed against the child.
Michigan’s Divorce Process
The Michigan’s divorce process is a straightforward one it involves the following steps:
1. Filing the complaint: here one of the couples files a complaint for divorce with the court in the county if residence for both couples.
2. Serving the complaint: The other couple who the complaint was filed against who is legally referred to as the defendant, will be formally served with the divorce papers either by the court or by the other spouse.
3. Answer: here the defendant whom a complaint was filed against is given 21 days if the file was served in Michigan or 28 days if the file was served outside Michigan, to file an answer to the complaint.
4. Discovery: here the both couples exchange financial information and other relevant documents as instructed by the court.
5. Settlement and negotiations: Many couples undergoing a divorce in Michigan most times attempt to resolve issues, outside of court through negotiations and heart to heart discussions.
6. Trial: if the couples cannot resolve their differences through negotiations the case will proceed to trial where a judge makes decisions on the unresolved issues.
7. Judgment of divorce: This is the final stage of the divorce process, where the court passes out the final verdict of divorce, thereby legally ending the marriage. In Michigan, it is compulsory for both couples to stay a waiting period of 60 and 120 days without children before the final judgment can be made.
However this process can be a long one, it is important to work with an experienced Michigan divorce attorney who can guide you through the legal complexities and protect your interests during the process.
Final Note
In conclusion, understanding Michigan’s divorce laws is paramount for a smooth and successful divorce process. From no-fault divorce requirements to property division, spousal support, and child custody, being informed can help navigate the complexities of divorce. By knowing the laws and regulations, individuals can better protect their rights and interests.
Consulting an experienced Michigan divorce attorney can also provide guidance and support throughout the process. Remember, divorce is a significant life change, and being prepared and knowledgeable can make a significant difference in achieving a fair and satisfactory outcome.
