Michigan Divorce FAQs for Stressed Clients

 Posted on May 24, 2023 in Divorce

Did you know Michigan was the first state to adopt a no-fault divorce system? This means that fault is not taken into consideration during divorce proceedings. This is just one fact out of many that people who wish to end their marriage must know before they file for divorce. Here are some frequently asked questions regarding divorce in Michigan and their answers:

Does Michigan Have a Residency Requirement for Divorce Filings?

You and your spouse must have lived in the state for at least six months before you file for divorce. Additionally, you must live in the county you are filing for at least 10 days before submitting the required paperwork.

Can Infidelity be Used as Grounds For Divorce?

Michigan is a no-fault state. This means neither party has to prove wrongdoing to dissolve a marriage. However, you can file for divorce, citing irreconcilable differences by stating the marriage is irreparably broken. A judge may consider fault when determining spousal support obligations.

What is an Uncontested Divorce?

If both spouses agree on the divorce, property division, and custody terms, they can go for an uncontested divorce. All they need to do in this case is draw up a separation agreement with details of the issues they have with one another. It will be reviewed and signed by a judge. 

What is a Contested Divorce?

If the spouses do not agree on certain terms, the filing spouse has 90 days to serve the other spouse divorce papers. The areas they agree on will need to be settled through a trial. 

How do Michigan Divorce Courts Divide Property?

Michigan courts use equitable distribution to divide property during divorce, i.e., what they deem fair rather than equal. While the judge will try to split as close to 50/50 as possible, some factors can affect the outcome. This includes the health of both spouses, education, earning capacity, financial circumstances, etc. 

What Do Michigan Courts Consider When Calculating Alimony/Spousal Support?

While there is no specific formula for determining spousal support in the state of Michigan, there are a few components that judges will consider when determining the right amount. Judges consider the following factors:

• Marital property division

• The conduct of the spouses during marriage and separation

• The financial situation, age, and health of the spouses

• If one spouse's conduct led to the divorce

Among other considerations. If the court grants it, spousal support can fall under four categories, namely:

1. Temporary support – to support the status quo during divorce proceedings. 

2. Permanent support – if the spouse with a low income cannot support themselves because of their age or disability. 

3. Periodic payments – to be made bi-weekly, monthly, or annually. 

4. Lump-sum support – the whole spousal support obligation is paid upfront.

Contact a Farmington Hills Divorce Attorney

Whether a divorce is contentious or non-contentious, the process can become complicated fast.  Farmington Hills divorce attorneys from Elkouri Heath, PLC, can simplify the process for you. Contact us for a consultation regarding your case today by dialing 248-344-9700. 

Sources: 

https://www.forbes.com/advisor/legal/divorce/michigan-divorce/