Divorce

1. Grounds for Divorce in Michigan

Michigan is a no-fault divorce state, meaning that you do not have to prove that either spouse is at fault for the breakdown of the marriage. The only ground for divorce in Michigan is that the marriage is irretrievably broken, and there is no reasonable likelihood of reconciliation. This means that you do not need to show evidence of misconduct or wrongdoing by either spouse to file for divorce. This makes the process less contentious and reduces the need for potentially painful legal battles over fault.

However, in situations where fault does play a role (such as infidelity or abuse), it may still influence other aspects of the divorce, such as spousal support or the division of assets. But fault does not have to be proven to obtain a divorce.

2. Filing for Divorce in Michigan

The divorce process in Michigan officially begins when one spouse files a complaint for divorce in the county where either spouse lives. The complaint must be filed with the Circuit Court for that county. The spouse who files the complaint is known as the plaintiff, and the other spouse is the defendant.

The complaint outlines the issues that need to be resolved, such as:

• Child custody and visitation
• Child support
• Property division
• Spousal support (alimony)

After the complaint is filed, the defendant must be formally served with the divorce papers. They will then have a set period (typically 21 days) to respond.

3. Residency Requirements for Divorce

In Michigan, one of the spouses must have been a resident of the state for at least 180 days before filing for divorce. Additionally, one spouse must have resided in the county where the divorce is filed for at least 10 days prior to filing the complaint.

This ensures that Michigan courts have jurisdiction over the divorce proceedings. If these residency requirements are not met, the case may be dismissed or delayed.

4. Property Division in Michigan

Michigan follows the equitable distribution model for dividing marital property. This means that the court will divide property fairly, but not necessarily equally. The division will depend on factors such as the duration of the marriage, the contribution of each spouse to the acquisition of the property, and the financial needs of each spouse.

Marital property includes anything acquired during the marriage, regardless of which spouse’s name is on the title or account. Property acquired before the marriage or through inheritance is typically considered separate property and is not subject to division, unless it has been commingled with marital property.

Factors the court considers in dividing property include:

• The length of the marriage
• The financial contributions of both spouses
• The health and age of both spouses
• The earning potential of both spouses
• The custody of children (if applicable)

5. Spousal Support (Alimony)

Spousal support, often referred to as alimony, may be awarded in Michigan if one spouse is determined to need financial support from the other. Michigan courts consider several factors when determining whether spousal support is appropriate, including:

The length of the marriage

The standard of living during the marriage

The financial resources of both spouses

The earning capacity of both spouses

The age and health of both spouses

Whether there was any misconduct (though fault is generally not a primary consideration)

Spousal support can be temporary (during the divorce proceedings) or permanent, depending on the circumstances. Temporary support is usually awarded when one spouse cannot meet their basic needs without assistance.

6. Child Custody and Child Support

In Michigan, the court will determine child custody and child support based on the best interests of the child. Michigan law has two types of custody:

• Legal custody: This refers to the right to make major decisions about the child’s life, such as education, healthcare, and religion. This can be joint (shared by both parents) or sole (granted to one parent).
• Physical custody: This refers to where the child lives on a day-to-day basis. Like legal custody, physical custody can be joint or sole.
• When determining custody arrangements, the court considers factors such as:
• The emotional ties between the child and each parent
• The ability of each parent to care for the child’s needs
• The moral fitness of each parent
• The child’s preference (if they are old enough)
• The willingness of each parent to support the other parent’s relationship with the child

Child support is typically calculated according to Michigan’s Child Support Guidelines, which take into account both parents’ income, the number of children, and the amount of parenting time each parent has. Child support is designed to ensure that the child’s needs are met, regardless of custody arrangements.

7. Finalizing the Divorce

Once all the issues (property division, child custody, child support, and spousal support) are resolved, either through negotiation, mediation, or litigation, the court will issue a divorce decree, finalizing the dissolution of the marriage.

If the divorce is uncontested (both spouses agree on all terms), the process can be relatively quick and inexpensive. If the divorce is contested (there are disagreements over key issues), the process may take longer and involve additional court hearings.

8. Alternative Dispute Resolution (ADR) in Divorce

Many Michigan courts encourage or require Alternative Dispute Resolution (ADR) methods, such as mediation, to help resolve issues without trial. Mediation is a process where a neutral third party helps both spouses reach an agreement on disputed matters. Michigan law does not require mediation before filing for divorce, but it is often a recommended or required step after filing. It can save time, reduce legal costs, and help the parties maintain better post-divorce relationships, especially when children are involved.

9. Conclusion

Divorce in Michigan follows a structured legal process that allows spouses to resolve key issues regarding property division, child custody, spousal support, and more. While the process can be challenging, understanding the legal framework, residency requirements, and options for dispute resolution can make it less daunting. For many couples, ADR methods like mediation or collaborative divorce offer an effective alternative to contentious litigation, helping parties reach an amicable settlement. If you are considering divorce in Michigan, it’s essential to consult with a family law attorney who can help guide you through the process and ensure that your rights are protected.

Works Cited

Michigan Compiled Laws. "MCL 552.6 – Grounds for Divorce," Michigan Legislature, 2024, https://www.legislature.mi.gov.

Michigan Court Rules. "MCR 3.211 – Divorce Procedure," Michigan Courts, 2024, https://www.courts.michigan.gov.

Michigan Legal Help. "Divorce in Michigan," Michigan Legal Help, 2024, https://michiganlegalhelp.org.

State Bar of Michigan. "Property Division in Divorce," State Bar of Michigan, 2024, https://www.michbar.org.

Michigan Department of Health & Human Services. "Child Support," MDHHS, 2024, https://www.michigan.gov.