Divorce Guide to Michigan
Divorce Guide to Michigan
A woman's guide to getting a divorce in Michigan
MICHIGAN DIVORCE LAWS:
The Residency Requirement: One of the spouses must have been a resident of Michigan for six months and a resident of the county where the divorce is filed for 10 days.
Grounds: No fault: The breakdown of the marriage.
Property Division: Michigan is an equitable-distribution, dual-classification state. That means property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally. In rare circumstances, the court may award one party the separate property of the other party (click the following for an expert's overview and key tips on dividing up property and assets through divorce).
Alimony: Alimony can be awarded to either the husband or wife, based on:
- The ability of either spouse to pay;
- The character and situation of the spouses;
- All other circumstances of the case.
Child Custody and Support: As in every state, custody is based on “the best interests of the child.” Legal and/or physical custody may be awarded to the father or the mother (click the following for a list of articles written by experts on child custody and child support).
Michigan child support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their net incomes.
Many factors go into the formula, and so it is hard to give an typical range of awards for any income.
The Michigan Friend of the Court has an on-line calculator to help you figure child support in your case: http://courts.michigan.gov/scao/services/focb/mcsf.htm
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.
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