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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 ˝.

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