To file for divorce in Michigan, you must be a Michigan resident for at least 180 days and a county resident for at least 10 days.
If both spouses agree to the divorce, there is no disagreement over division of property and debts, child custody, and child support issues, the divorce can be finalized without a trial. If the spouses cannot reach agreement, a judge will decide these issues.
Grounds for Divorce in Michigan
Michigan divorce law allows either spouse to file for divorce by claiming there has been a breakdown in the marriage which cannot be fixed or preserved.
Your Michigan divorce attorney can help ensure you meet the legal requirements to file for a divorce in Michigan and help guide you through the paperwork for a Michigan divorce.
Michigan Property Division & Spousal Support
In Michigan, all property not classified as "separate" is considered "marital property" and will be divided "equitably" (but not necessarily equally). Separate property includes property acquired before the marriage and property obtained during the marriage via gift or inheritance to strictly one spouse.
Under certain conditions, the court will order alimony (also known as spousal support or maintenance) to be paid by one spouse to the other.The length and amount of support awarded depends on several factors, including the length of the marriage and each spouse's financial situation and earning capacity.
Your Michigan divorce lawyer can help negotiate a fair division of property and alimony agreement if necessary.
Michigan Child Custody & Child Support
Michigan law requires that the court make child custody decisions based on what is in the best interests of the child. Michigan courts will consider joint custody if it is in the best interests of the child. Generally, a parent who is not awarded custody is granted visitation rights.
In Michigan, child support is calculated based on each parent's income, how many children each parent supports, and how much time the children spend with each parent. After the court has ruled on child support, the paying parent can make online payments through Michigan State Disbursement Unit. The child support is then paid to the other parent.