Divorce
Michigan is known as a "no-fault" divorce state. This means that anyone can file for a divorce for any reason or for no reason at all. Fault is not a factor that the court relies upon in granting a divorce. In the words of the statute, the court has jurisdiction to grant a divorce if there has been “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
Temporary
Orders.
Temporary orders for child custody child support, spousal support, parenting
time, to protect the status quo -- i.e., provide for mortgage payments,
insurance coverage, medical payments -- and for other relief may be requested at
any time after your case is started and before a judgment of divorce is entered.
A temporary restraining order may also be requested by either party involved in
a divorce to restrain a party from doing harm to person, property, or assets.
Child Custody.
Cases involving the custody of minor children can be the most emotionally
difficult part of a divorce. Unless the parties can agree, the court will decide
which parent should be awarded legal custody (the decision-making part of
raising the child) and/or physical custody (who physically raises the child).
Child
Support
Michigan courts use a strict formula to determine the amount of child support.
This formula considers the income of both the custodial and non-custodial parent
and whether a parent has other children to support. The income of a new spouse
is not considered.
Spousal
Support
Spousal support, also called alimony, is an amount of money paid by one party in
a divorce to the other for his or her support and maintenance. There are many
factors that the court may consider in determining the amount of spousal
support and the time period during which it should be paid.
Property
Settlement
Michigan is an equitable distribution state, not a community property state.
Normally, property will be divided 50-50. Even though fault has nothing to do
with whether a party may obtain a divorce, the court may consider the fault of a
party when dividing the property. This could shift a division from 50-50 to
60-40 or some other percentage. Michigan judges have broad discretion in this
regard and it is not always possible to predict the outcome. This is one reason
why mediation can help a party achieve a fair result. Property that a
party owned prior to the marriage, absent special facts, is usually considered
separate property. A court has to find need or contribution to the
acquisition, improvement, or appreciation of separate property in order to
invade those assets and award a portion to the other spouse.
Post-judgment
Modifications
Certain provisions of Michigan judgments of divorce can be modified at any time.
Those are: child support, spousal support, child custody and parenting time
(visitation) clauses. The grounds for modification is normally a change in
circumstances, but for custody and parenting time provisions, "good cause" is
also grounds for modification. Support payments may be increased, decreased, or
eliminated. The court retains jurisdiction to modify both physical and legal
child custody and parenting time. Modifications are not lightly made, and must
be grounded upon a change in circumstances or good cause that is substantial
Prenuptial and
Postnuptial Agreements
Prenuptial agreements are becoming commonplace in Michigan as elsewhere. Once
people have been through a divorce, they often want to protect their separate
assets, particularly if they have children from their first marriage. There are
strict requirements in order to make these agreements enforceable. Therefore,
it's a good idea no to spring on by surprise upon your intended spouse
just before the wedding. Cohabitation is also becoming far more common today,
and cohabitation agreements that are drafted, negotiated, and executed with the
same formality as prenups and post-nups can be enforced in Michigan.
