Is Michigan a "no fault" divorce state?
Yes and no. To get divorced in Michigan, neither party must prove that the marriage broke down because of fault by either party. However, fault may be a factor taken into consideration by the court in the division of property and in the award of alimony (spousal support).
How long does it take to get divorced?
This depends on the facts and circumstances of the case.
Without minor children: After a divorce without minor children is filed with the court, it will be a minimum of 60 days before the court will enter a judgment of divorce.
With minor children: After a divorce with minor children is filed with the court, it will be a minimum of 180 days before the court will enter a judgment of divorce.
How is child support calculated?
Child support is calculated pursuant to the Michigan Child Support Formula and focuses on the need of the child(ren). Most significantly, the court focuses upon the income of each parent and the number of overnights the parent is awarded with the child(ren).
How is alimony (spousal support) calculated?
The court looks at a number of factors in calculating spousal support in Michigan. Most frequently, the court focuses on the income of the parties, the needs of the parties, and the length of the marriage.
After my divorce, if something goes wrong, is there any recourse?
Family courts retain the jurisdiction after the entry of the judgment, meaning you can file subsequent motions to enforce and motions to modify the court's order regarding child custody, parenting time, child support, and spousal support.
Can my spouse adopt my child?
Your spouse can adopt if you are married and if the non-custodial birth parent of the child consents to the adoption or has their parental rights terminated.
What is joint custody? What is sole custody?
In Michigan, there are two types of custody: legal and physical.
Legal custody is the ability to make important life decisions for your child, such as health care, education, child care, and general welfare. Joint custody gives both parents the right to make these decisions. They should consult with each other before making non-routine decisions. Sole legal custody gives one parent all decision-making responsibilities.
Physical custody refers to the actual physical residence of the child. Joint physical custody allows the child to retain a residence with both parents, usually one parent being the primary custodian, and the other parent having parenting time on a set schedule. Sole physical custody means that the child resides with only one parent. The other parent may or may not have parenting time or visitation rights.
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