ANSWERS TO FREQUENTLY ASKED QUESTIONS

Divorce - General

Grounds: Michigan is a “no fault” state. A statement in the complaint that the marriage has “broken down to the extent the objects of matrimony have been destroyed” is sufficient.

Residency: The party filing the complaint must have been a resident of Michigan for at least 180 continuous days and the county in which he/she resides for at least 10 consecutive days.

Uncontested Divorce: Even if your spouse contests the divorce, that does not prevent the person filing for divorce from obtaining it.

Who Should File? There is no legal difference whether the husband or the wife file.

Waiting Period: For a divorce where there are no minor children the waiting period is 60 days from the date of filing the complaint. Where there are minor children the waiting period is 180 days from the date of filing the complaint.

Custody Parenting Time & Child Support

Legal Custody: Joint legal custody gives both parents the ability to participate in major decisions in their children’s lives, including education, religious upbringing, medical decisions of an elective nature, access to school, medical and other records pertaining to the minor children.

Physical Custody: The parent with whom the children reside the majority of the time. Joint physical custody may mean that each parent has custody of the children 50% of the time, but there can be deviations from that.

If a dispute as to custody arises and the court must decide which parent will have physical custody or if the parents will have joint physical custody, that decision by the court is based on “the best interests of the children” taking into account the following 12 factors:

a. The love, affection, and other emotional ties existing between the parents and the children.

b. The capacity and disposition of the parties involved to give the children love, affection, and guidance and to continue the education and raising of the children in his or her religion or creed, if any.

c. The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.

d. The length of time the children have lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

e. The permanence, as a family unit, of the existing or proposed custodial home or homes.

f. The moral fitness of the parties involved.

g. The mental and physical health of the parties involved.

h. The home, school, and community record of the children.

i. The reasonable preference of the children, if the court considers the children to be of sufficient age to express preference.

j. The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the children and the other parent or the children and the parents.

k. Domestic violence, regardless of whether the violence was directed against or witnessed by the children.

l. Any other factor considered by the court to be relevant to a particular child custody dispute.

Child Support: Child support is calculated, taking into account both parents incomes based on a formula that is used in Michigan.

Modification of Custody, Parenting Time & Child Support: The court has jurisdiction over children until they are 18 years old. Modification is always possible based on a change in circumstances.

Spousal Support (Alimony)

Spousal support may be awarded to either party for support after the divorce has been finalized. Spousal support is designed to assist one party financially in order to maintain a similar lifestyle. The individual facts of each case determine if spousal support is applicable and, in what amount. If the decision to award spousal support has to be determined by the court, the following factors are taken into consideration in making such an award:

a. The past relations and conduct of the parties.

b. The length of the marriage.

c. The ability of the parties to work.

d. The source of and amount of property awarded to the parties.

e. The age of the parties.

f. The ability of the parties to pay spousal support.

g. The present situation of the parties,

h. The needs of the parties.

i. The health of the parties.

j. The prior standard of living of the parties and whether either is responsible for the support of others.

k. General principles of equity.

If awarded by the court, spousal support is modifiable.

Property Division

Property: Marital assets are those which the parties have accumulated during the course of the marriage. The law dictates that a property division is to be “equitable”. In most instances the property division will be somewhat equal. There are exceptions that are addressed, if applicable, in a particular case.

Debts: Debts incurred during the marriage are marital debts; both parties are responsible for the re-payment of them. Again, there are exceptions that are addressed in any particular case.

Separate Property: Property acquired prior to the marriage is that person’s separate property. The increase in value of that property during the marriage is generally marital property. There are exceptions to those as well and are addressed and considered on a case by case basis.