What You Should Know About Michigan’s Divorce Laws

Michigan’s divorce laws are essential for residents to understand, especially for those considering or navigating the divorce process. This article outlines key aspects of Michigan’s divorce laws, including grounds for divorce, property division, child custody, and spousal support.

Grounds for Divorce in Michigan

In Michigan, a divorce can be granted based on either fault or no-fault grounds. The most common reason is no-fault, which means that the parties cannot reasonably live together and that there has been a breakdown of the marriage. To file for a no-fault divorce, one spouse must state that the marriage is irretrievable and that there is no chance of reconciliation.

Fault grounds include adultery, physical or emotional abuse, substance abuse, and abandonment. However, if you pursue a fault-based divorce, you must provide evidence supporting your claims.

Residency Requirements

To file for divorce in Michigan, at least one spouse must have been a resident of the state for at least six months prior to filing. Additionally, the divorce must be filed in the county where either spouse resides.

Property Division

Michigan operates under the principle of equitable distribution, meaning that marital property is divided fairly, but not necessarily equally. Marital property includes all assets and debts acquired during the marriage, regardless of whose name is on them. Separately owned properties, such as gifts or inheritances received by one spouse, are not subject to division.

The court considers several factors when dividing property, including the length of the marriage, each spouse’s contributions, and the needs of each party post-divorce.

Child Custody and Support

When children are involved, Michigan courts prioritize the best interests of the child in custody arrangements. There are two types of custody: legal custody and physical custody. Legal custody gives a parent the right to make significant decisions regarding the child's upbringing, such as education and healthcare. Physical custody refers to where the child lives.

Michigan encourages parents to work together to create a parenting plan that outlines custody and visitation times. If parents cannot agree, the court will intervene and make decisions based on the child's best interests.

Child support is calculated using guidelines set by the Michigan Child Support Formula. This formula considers both parents' incomes, the number of children, and the amount of time the children spend with each parent.

Spousal Support

Spousal support, or alimony, may be awarded to one spouse during or after the divorce. The purpose is to help the lower-earning or non-working spouse maintain a reasonable standard of living. Factors the court evaluates include the length of the marriage, the financial needs of both spouses, and each party’s earning potential.

Conclusion

Navigating divorce in Michigan can be complex, with various factors impacting each case. Understanding the state’s laws can help you make informed decisions throughout the process. It is often advisable to consult with a family law attorney to ensure that your rights are protected and that you receive a fair outcome.