Michigan divorces do not always start with a contentious court battle. Many couples in Ingham, Eaton, Jackson, and Clinton counties want to avoid a court battle and reach an amicable agreement. However, that doesn’t mean they shouldn’t seek legal counsel. Michigan law can make divorce more complex than couples realize. Mistakes and misunderstandings can cause long-term issues that a knowledgeable Michigan family law attorney can help avoid.
A Common Story: The Attempt at a Kitchen Table Divorce
Consider a Eaton County couple who has made the mutual decision to part ways and sits down at the kitchen table to discuss dividing assets, custody arrangements for the children, and support. To avoid attorneys and save money, they research online and make decisions based on what they find. Unfortunately, the information they found was inaccurate, and the agreements they made are not enforceable under Michigan law. What started as an amicable plan unraveled, forcing them into a longer, more stressful process, not to mention added expense. For the same reasons the couple would hire a doctor to help with an important medical problem, attorneys should be involved in nearly every legal issue adults face. Good attorneys aren’t expensive; they’re priceless.
How Michigan Law Actually Works
Spousal support in Michigan is not determined by any specific formula. Michigan judges may award spousal support if it is “just and reasonable,” based on the case’s circumstances. Circuit court judges in Ingham, Jackson, Ionia, and surrounding counties consider a range of factors, often called the Sparks factors. These include, but are not limited to:
- The length of the marriage
- The parties’ contributions to the marriage
- The age, health, and earning capacity of each spouse
- The standard of living during the marriage
- Fault or misconduct in the breakdown of the marriage
Child custody and support are also tightly regulated by statute. Michigan determines child support under the Michigan Child Support Formula. Under Michigan law, judges must consider the best-interest factors for children when making custody decisions. Some factors include:
- The capacity and disposition of the parties involved to give the child love, affection, and guidance, and to continue the education and raising of the child in his or her religion or creed, if any.
- The mental and physical health of the parties involved.
- The home, school, and community record.
- The love, affection, and other emotional ties existing between the parties involved and the child.
Why You Seek Legal Help for a Michigan Divorce
Couples across Michigan, in places like Holt and St. Johns, sometimes try to handle divorce without legal help. While it may seem cheaper, it often can cost more in the long run if agreements are unfair, unenforceable, or violate Michigan law. Divorce is not just a personal agreement; it’s a legal process. Without an attorney, you risk giving up important rights or creating obligations you cannot meet.
An experienced Michigan divorce attorney can help you with:
- Strict court procedures
- Parenting plans
- Complex property division rules, including retirement accounts, pensions, and real estate
- Spousal support
FAQs About Michigan Divorces
Does Michigan require fault to file for divorce?
No. Michigan is a no-fault divorce state. However, fault may come into play during property division or child custody.
Can we agree to waive child support if we both agree?
No. Child support belongs to the child, not the parents. It cannot be waived.
How long does a divorce take in Mid-Michigan?
If there are no minor children, you can finalize a divorce in as little as 60 days. That’s very rare. If children are involved, Michigan law requires a minimum six-month waiting period.
Can we handle property division ourselves?
Yes, but your agreement must be fair and consistent with Michigan law. If you and your spouse have an agreement, have an experienced Michigan family law attorney review it to ensure it complies with Michigan law. There are lots of important things that experienced attorneys think about during the asset division process.
Call Us for a Consultation Today
If you are a Michigander considering divorce in Lansing, Eaton County, Clinton County, Ingham County, or Jackson County, don’t rely on Google searches or generic online tools. Contact one of our top ranked Michigan family law attorneys. At The Kronzek Firm, we have decades of experience in handling simple and complex divorce cases. We can guide you through the process and advise you on Michigan law to protect your rights now and in the future. The best way to protect your rights, your finances, and your children’s future is to work with an trusted Michigan divorce attorney who understands the laws in Ingham, Clinton, Eaton, Ionia and surrounding Michigan Counties.
Contact us today for a consultation.
📞 Our top-rated attorneys have handled hundreds of Michigan divorces for more than 30 years.
You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law. Our team is also available 24/7 for emergency consultations.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]