Q: Who can file for divorce in Michigan?
A: Either spouse may file for divorce as long as one of the spouses has been a resident of Michigan for at least 180 days and a resident of the county for 10 days immediately before filing for divorce.
Q: What are the grounds for divorce in Michigan?
A: Michigan is a no fault divorce state. The only statutory grounds that are required are that "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.” Fault for the divorce remains an issue in cases of disputed custody or if a property settlement is unable to be reached.
Q: Can a divorce be granted if the other party's whereabouts are unknown?
A: Yes. If the filing spouse has made a good faith effort to locate the missing spouse, and can swear under oath and penalty of perjury that they do not know the current whereabouts of the other party, the missing party can be served by publication in a local newspaper upon authorization of the Court.
Q: How is property divided in a divorce in Michigan?
A: Michigan is an equitable distribution state. Generally, all marital property acquired during the marriage is subject to division. Property brought into the marriage, inherited or gifted during the marriage, generally is not subject to division in a divorce.
Q: How are marital debts divided in a divorce in Michigan?
A: Most divorcing spouses set out who will pay what debts as part of their marital property settlement during the divorce process. In the event they are unable to agree, then the Court will decide which party pays which bills.
Q: Does Michigan have Alimony?
A: Yes. Alimony, or spousal support, may be awarded to either spouse for their support and maintenance during and/or after the divorce. It is based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Other factors include the length of marriage, age of parties, the health of the parties, the ability for each party to work, and the type and amount of other assets awarded to a party.
Q: Are there guidelines for custody of children in Michigan?
A: Most parents agree about the custody, child support, and visitation issues relating to their children. Joint custody arrangements have become more common. If the parents are unable to agree, a Judge will ultimately decide custody. The Judge will take into consideration a number of factors including:
- The love, affection and other emotional ties existing between the competing parties and the child.
- The capacity and disposition of competing parties to give the child love, affection and guidance and continuation of the educating and raising of the child in its religion or creed, if any.
- The capacity and disposition of competing parties to provide the child with food, clothing, medical care, and other material needs.
- The length of time the child has lived in a stable,satisfactory environment and the desirability of maintaining continuity.
- The permanence, as a family unit, of the existing or proposed custodial home.
- The moral fitness of the competing parties.
- The mental and physical health of the competing parties.
- The home, school and community records of the child.
- The reasonable preference of the child, if the Court deems the child to be of sufficient age to express preference.
- The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
- Any other factor considered by the Court to be relevant to a particular child custody dispute.
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 and which takes into account both parents’ incomes..
Q: What about medical insurance for the children?
A: A determination as to who is going to provide medical health care insurance for the children and how any uninsured medical expenses shall be paid between the parties is typically part of an initial custody and child support Order. If medical insurance is available through a parent's employment, they are required to cover their children through the plan.
Randall can be reached by email at info@smithandpopielarz.com or by phone at 989.797.4700.
