Michigan Family Law: A Guide to Marriage and Divorce

Michigan family law encompasses a variety of issues related to marriage, divorce, custody, and support. Understanding these laws is crucial for individuals and families navigating these significant life changes. This guide provides an overview of important aspects of Michigan family law regarding marriage and divorce.

Marriage in Michigan

In Michigan, the legal requirements for marriage include being at least 18 years of age, having a marriage license, and not being closely related to your partner. Both parties must appear in person to apply for the marriage license, which must be obtained from a county clerk’s office. The license is valid for 33 days, during which time the marriage ceremony must take place.

Michigan recognizes various types of marriages, including ceremonial and common law marriages. However, common law marriage is not recognized in the state unless it was established before January 1, 1957. Additionally, individuals can seek premarital agreements to outline the division of assets and responsibilities during marriage, which can help avoid conflicts in the future.

Divorce in Michigan

Divorce in Michigan operates under the principle of "no-fault," meaning that neither spouse is required to prove wrongdoing to obtain a divorce. A simple assertion that the marriage has irretrievably broken down is sufficient for filing. There are specific residency requirements, stipulating that at least one spouse must have lived in Michigan for at least 180 days before filing for divorce.

The divorce process typically begins with one spouse filing a complaint in the circuit court, followed by a summons served to the other spouse. Michigan law requires a waiting period of 60 days for couples without children before the divorce can be finalized. For couples with children, the waiting period extends to 180 days.

Asset Division

Michigan follows the principle of "equitable distribution" in divorce proceedings. This means that marital assets and debts are divided fairly, though not necessarily equally, based on various factors such as the length of the marriage, each spouse's economic circumstances, and contributions to the marital estate. Separate property, defined as assets acquired before marriage or received as gifts or inheritances, typically remains with the original owner.

Child Custody and Support

In cases involving children, Michigan courts prioritize the best interests of the child when determining custody arrangements. There are two main types of custody: legal and physical. Legal custody involves decision-making authority regarding significant life choices for the child, while physical custody determines where the child will live. Joint custody is encouraged, allowing both parents to share responsibilities and time with the child.

Child support is calculated based on a formula that considers the income of both parents, the number of overnight visits each parent has with the child, and other factors. Michigan law mandates that child support obligations are reviewed regularly, ensuring that they remain fair and adequate to meet the needs of the child.

Conclusion

Navigating Michigan family law can be complex, especially during emotionally charged times such as marriage and divorce. It is advisable for individuals to consult with a qualified family law attorney to ensure their rights and interests are protected. Whether you're entering into a marriage, facing a divorce, or dealing with child custody issues, understanding the legal framework in Michigan is essential for making informed decisions.