Michigan Divorce Law
In Michigan, there is only one ground for divorce. The parties must show that their marriage is irretrievably broken with no hope of saving it. There are residency requirements to file for divorce in Michigan and the court can implement a waiting period, especially if the couple has minor children.
Michigan Divorce Law & Property
Michigan is an equitable property state. Property might be awarded to one spouse, the court might order the spouses to sell the property and divide the proceeds, or split ownership of property. Any retirement accounts, vested pension, or annuity benefits that were acquired during the marriage can be considered marital property. Property acquired before the marriage can be considered separate property and may remain with the original owner, unless it was used to the benefit of both parties during the marriage. The court will determine what is marital versus separate property if the parties cannot come up with their own agreement.
Michigan Divorce Law & Alimony
Spousal support may be requested by either party. In some cases, the court will order alimony to be paid during the divorce proceedings. When determining alimony, the court will take into consideration the incomes and financial resources of both parties.
Michigan Divorce Law & Child Custody
Michigan has very thorough standards and procedures to determine child custody. In every case, the court will strive for whatever is in the best interest of the child. Physical custody means where the child actually lives, while legal custody gives parents the right to make decisions about major events in a child’s life such as religion and education. When determining custody arrangements, the court will consider the following:
the emotional ties that the child has with each parent, including the presence of love and affection
the ability of each parent to give love, affection, and guidance to the child
the ability of each parent to encourage the education of the child
the ability of each parent to fulfill the child’s material needs, including food, shelter, clothing, and medical care
the present environment of the child and whether it is stable
the age and health of each parent
the character of each parent
the willingness of each spouse to support and encourage the relationship of the child with the other spouse
and the child’s history at home, in school, and in the community.
The court will take the wishes of the child into consideration if the child is mature enough to express a parental preference. Any history or evidence of domestic violence is taken into consideration.
Parenting time is designed to develop and foster strong relationships between the child and parents. The frequency, type, and duration of parenting time can be affected by: any special needs of the child, including a young child who breastfeeds; the likelihood of abuse from either parent; any effects that traveling for visitation will have on the child; and whether either parent failed to take advantage of parenting time while the marriage was intact.
Many specific details can be addressed in parenting plans if parents have difficulty communicating. These can include: the costs of transportation for the child and for the parents when exchanging the child; any restrictions about the presence of outside parties when the child is with that parent; requirements regarding the time the child should be ready and when the parent should drop off and pick up and timely information if these requirements cannot be met; any requirements of supervised visitation; and the good faith effort of both parents to adhere to the standards set forth in the parenting plan.
Michigan recognizes the importance of grandparents to a child and will grant visitation rights in some circumstances under certain conditions, including: the presence of love and affection between the child and grandparent; a history of a meaningful relationship; the health and character of the grandparent; the wishes of the child, if the child is old enough to express a preference; any hostility between a grandparent and parent and how it affects the child; and any history of abuse or neglect on the part of the grandparent.
Michigan Divorce Law & Child Support
Michigan uses the income shares model for calculating child support. The incomes of both parents are determined and then a percentage will be applied to each parent based upon their financial resources. This is the amount that they are responsible for to take care of the child.
The court will also consider which parent pays other costs such as health insurance or child care in addition to the everyday needs of the child. The court will take into the consideration if the determine amount of child support cannot be reasonably paid by the parent.
