Michigan Divorce Law
Divorce Laws in Michigan
According to Michigan divorce laws, you do not need to prove grounds
in order to receive a divorce. Under this concept, the court is not concerned
with who did what to whom. This is referred to as a no-fault divorce. Additionally,
one of the spouses must have been a resident in the state of Michigan for 180
days before filing for divorce and a resident of the county of filing for at
least 10 days prior to filing for divorce in Michigan.
Spousal Support & Equitable Distribution in Michigan
Michigan is known as an equitable distribution state. Equitable distribution,
according to divorce laws in Michigan, means that the court may distribute any
assets of either the husband or wife in any manner deemed fit, that is equitable
but not necessarily equal.
Divorce laws in Michigan provide for spousal support instead of “alimony”.
Spousal support, as defined by divorce law in Michigan, is paid for the upkeep
of the spouse’s health, education, welfare and maintenance. Such factors
as the length of the marriage, the parties’ prior living standard, etc.
are considered in determining the amount and duration that should be paid.
Michigan Child Support and Child Custody
Divorce law in Michigan encourages joint custody. Joint “legal custody”
can be defined as the right of both parents to make decisions concerning the
upbringing of their child, including education, medical and religious decisions
as well as enrichment activities. Divorce law in Michigan also provides for
physical custody, which will determine where the child lives. “Parenting
Time” is usually awarded to the parent without primary physical custody.
This is known as visitation rights.
Child support (a percentage of the non-custodial parents income paid to assist
with the support of his children) is determined by the “child support
guidelines” as set forth by divorce law in Michigan. Both parent’s
incomes, the number of children involved and how much time each parent spends
with the children is taken into account. Child support is typically terminated
at the age of 18 or when the child becomes a high school graduate, but not past
the age of 19 ˝.