What to Know About Remarriage After Divorce in Michigan

 Posted on March 28, 2024 in Family Law

Divorce can happen to anyone. Contrary to popular belief, many second marriages are long and successful. People often choose to get remarried after meeting a person who is better for them and unlikely to make the same mistakes their first spouse did. Getting married again can be a joyous occasion for those who had a terrible first marriage. However, there are certain impacts getting remarried might have on the terms of your divorce and your child custody arrangement. If you have become engaged again after a divorce, it is important to speak with an experienced Northville, MI divorce and modifications attorney so that you can take any legal steps necessary to protect yourself.

How a New Spouse Can Impact an Existing Child Custody Arrangement 

Your former spouse may not be happy that your child will have a new step-parent. In most cases, there is little or nothing your former spouse can do about it. However, in some situations, your ex may claim that he or she is entitled to a modification in your child custody arrangement due to a change in circumstances. This is likely to be a concern only if your new spouse has a serious criminal history, a demonstrable drug or alcohol problem, or a major mental illness or if there is an accusation of child abuse made against him or her. If any of these factors suggests that your new spouse might be unsafe for your children to be around, your ex could pursue a modification.

Alimony Ends When the Receiving Spouse Remarries 

Co-habitation alone with a new partner often means that alimony payments will end. If your spousal maintenance payments have not already stopped because you moved in with a new partner, they probably will when you remarry.

Your Child is Still Entitled to Child Support 

Your new spouse’s income should not affect your child support. It is the biological parents who have an obligation to support their child. The other parent does not get to stop supporting his or her child because you have remarried.

Can My New Spouse Adopt My Child? 

If your ex-spouse still has any parental rights, your new spouse will not be able to adopt your child. Children can have only two legal parents. For your new spouse to be permitted to adopt your child, your ex-spouse would have to give up or be stripped of their parental rights.

Contact a Northville, MI Divorce Modification Lawyer

Elkouri Heath, PLC can advise you as to how your impending remarriage might impact the terms of your divorce. Our experienced Oakland County, MI divorce modification attorneys have been serving families in the area for more than 23 years. Contact us at 248-344-9700 for a complimentary consultation.