Mid Michigan Divorce Law Information
Divorce
Residency Requirements
If you want to file for divorce in Michigan, you must reside in Michigan for at least 180 days immediately prior to filing and also reside in that specific county for at least 10 days before filing for divorce. These are specific jurisdictional requirements under Michigan law.
Child Custody
In Michigan, a court must make a decision about physical custody and also about legal custody. Legal custody is usually decided as being joint custody. Legal custody establishes which parent has input in important, major decisions that affect a child. For example, a mother and father who have joint legal custody of their child, will have joint input into decisions about the child's medical care, religion and schooling. Having joint legal custody also requires that a parent wanting to relocate a child must obtain the permission of the other parent or obtain a court order for the change of domicile.
Physical custody determines the primary residence of a child. Just like legal custody, a court can decide on joint physical custody with both parents, sole custody with one parent or custody with a third person. Third person custody is much less common than parental custody.
Michigan law requires the court to decide custody based upon the "best interests of the child." There is no legal preference for the mother over the father, or vice versa.
Child Support
If sole physical custody is awarded to one parent, the other parent will be obligated to pay child support. Joint physical custody does not eliminate an obligation to pay child support. Rather, in joint physical custody situations, the parent without primary placement of the child will normally be obligated to pay child support consistent with the Michigan Child Support Formula. Michigan courts have decided that the child is the one entitled to the support and not the parent who would actually receive it.
Property Division
In a divorce proceeding, the court has the broad authority to divide the property accumulated during the marriage. This is called marital property. In certain circumstances, the court is authorized to also divide property that is not marital property. This is called separate property. Normally property is divided equally. This division might vary based on contributions by either of the parties, the need for suitable support, the conduct of the parties during the marriage or any other just reason that the court determines appropriate. Judges have a great amount of discretion in dividing property in a divorce case. In the context of Michigan family law and Michigan divorce law, property consists of assets and also debts.
Spousal Support (Alimony)
Upon entry of divorce, if the division of property between the parties is insufficient for the suitable support and maintenance of either party, the court may order spousal support to be paid after considering: 1) the ability to pay, 2) the length and duration of the marriage, 3) the character and situation of the parties and 4) all other circumstances of the case.
Unlike child support, which has a mandated formula used to calculate the support obligation, Michigan family law has no mandated formula on which to base spousal support or alimony. However, some counties in Michigan do have a set of guidelines they follow to make an alimony recommendation to the judge. These are only guidelines and the court is not required to follow them.
