Divorce in Michigan

Below is some general information about divorce law in the state of Michigan. Please discuss all divorce matters with an experienced divorce lawyer prior to signing documents and making major decisions. Contact Carl E. Chioini today to discuss your family law issues.

Grounds for Divorce

In Michigan, divorce is no-fault and is based on the grounds 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.

Equitable Distribution

Michigan is an equitable distribution state, which means that all marital property acquired during the marriage is subject to division. Property brought into the marriage that the spouses had before the marriage are not subject to division. This is different from community property states, where the spouse whose name appears on an ownership document (title, deed, etc.) owns the property. In community property states, a spouse is entitled to keep separate property, but in equitable distribution states, each spouse may receive a fair and equitable share of the property of the other spouse.

Alimony

Michigan does have alimony, and depending upon the financial circumstances of the spouses, it may be awarded to either spouse for their support after the divorce. However, alimony has changed over years and is now typically paid for a shorter amount of time and in smaller amounts.

Child Custody

In today's world, many parents agree about the custody, child support, and visitation issues. Joint custody arrangements have become common, and Michigan's joint custody law encourages judges to award joint custody. In a joint custody arrangement, both parents have the right to make decisions concerning their children's lives including education, religion and medical treatment. However, if the parents are in disagreement about custody of their children, a judge will decide these issues for the parents. The court may decide who gets physical custody, or where the children will live primarily. The other parent is granted parenting time. If the court makes the custody decision, many factors are taken into consideration including the best interests of the minor children, relationship(s) between the parent(s) and children, special needs of the children or parents, educational and medical needs of the children, ability of the parents to provide for the children, the children's primary residence before the divorce, lifestyles of the parents, distance of the homes from the schools, domestic violence, mental stability of the parents, and preference of the children.

Child Support

Michigan has child support guidelines and calculations like other states. Formulas based on the income of the parents, health insurance costs, daycare costs and other factors are used to determine the amount of child support to be paid.