Divorce Frequently Asked Questions (FAQ)
Q. Who can file for divorce in Michigan?
A. One of the spouses must have been a resident of Michigan for at least 180 days (6 months) and in the county for 10 days immediately before filing the divorce.
Q. What are the grounds for divorce in Michigan?
A. Michigan has no-fault divorce based on the grounds that “There has been a breakdown of the relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
Q. How is property divided in Michigan?
A. Michigan is an “equitable distribution” state, generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage is not subject to division in a divorce.
Q. What is marital property?
A. Marital property is property acquired during the marriage.
Q. What is separate property?
A. Property owned by one spouse prior to the marriage.
Q. Is it possible that one spouse may be awarded the separate property of the other spouse?
A. Separate property can be commingled or used for marital purposes during the marriage and may become marital property. Further, Michigan has two (2) statutory provisions allowing one spouse to “invade” the separate property of the other spouse; one where the marital estate is “insufficient for the suitable support and maintenance,” and two the other spouse significantly contributed to its improvement or acquisition.
Q. Does Michigan have Alimony?
A. Yes. Alimony may be awarded to either spouse for their support and maintenance after the divorce.
Q. How is child support calculated in Michigan?
A. Michigan has guidelines for determining the amount of child support to be paid. The guideline amount is presumed to arrive at an amount of support that is in the child’s best interest.
Q. How does a court decide which parent will get custody of a child?
A. When the parents cannot agree on a custody arrangement, the court will make the decision for them after considering the “totality of the circumstances,” and what is in the best interest of the child. The court will consider the following.
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