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If you choose to file for divorce in Michigan, you must meet both of the following the requirements:
- You or your spouse must live in the state 180 days before filing your divorce petition in court.
- One of you must live in the county for a minimum of 10 days before filing.
There is an exception to the 10-day county requirement if one of the individuals is a citizen of or was born in another country, the couple has minor children and there is reason to believe that the child or children may be taken out of the country by the defendant spouse and kept in another country.
There is no separation requirement for couples who want to get divorced.
Types of Divorce and Separation in MI
Michigan is considered a no-fault state for a divorce matter. This means a party is not required to give a reason for the divorce or place fault on the other spouse. Instead “breakdown of the marriage” is the only reason needed.
There are two types of divorce in Michigan: uncontested and contested. In an uncontested divorce, both parties agree to the division of property debts, spousal support, child support and custody. Uncontested divorces move faster through the court system because both parties are in agreement. Parties might come to an agreement on their own or through the use of mediation or collaborative divorce.
In a contested divorce, parties disagree on at least one key point. If no agreement is reached, a judge will make decisions regarding unresolved issues. Contested divorces usually are more expensive and take longer to resolve.
An alternative to a divorce in Michigan is separate maintenance. This is essentially a legal separation in which both parties come to an agreement on key issues, like division of assets and liabilities, child custody and spousal support, but the couple remains legally married. If one of the parties wants to remarry, a divorce filing is required.
Child Custody, Support and Visitation in MI
In divorce cases where parties cannot agree on custody, the judge will look at the following factors to determine what is in the best interest of the children. Some factors that are evaluated are as follows:
- the love and emotional connection existing between each parent and the child
- each parent’s ability and capacity to give the child love, affection, guidance and education
- the moral fitness of each parent
- the mental, moral and physical fitness of each party involved
- the child’s home, school and community record
- the permanence of the proposed custodial home
- how long the child has lived in a stable environment
- the child’s preference, if they are old enough to express it
- each parent’s willingness and ability to foster the relationship between the child and the other parent
- domestic violence in the family
- any other factors the court finds relevant
Determining child support is based on the factors set out by the Michigan child support guidelines and calculated via a formula. The factors include:
- each parent’s income
- the number of children who need to be supported
- child care costs
- the number of overnights spent with each parent
- costs of healthcare and insurance
There is also a Michigan child support calculator that can help calculate estimated costs.
Visitation in Michigan, also known as parenting time, is the schedule of the time the noncustodial parent spends with their child. Michigan law advocates that children maintain a strong relationship with both parents as long as it is in their best interest. Parenting time is typically granted unless it may endanger the child.
Property Division in MI
Marital property is divided according to equitable distribution in Michigan. Equitable doesn’t necessarily mean equal, but a distribution that is fair to both parties. Factors that may govern this distribution include:
- duration of marriage
- contributions to the marital estate
- health, age and earning capacity of each party
- needs and circumstances of each spouse
- cause/fault of marital breakdown
- each spouse’s share of the debt
- contribution of one spouse to the other regarding career and education
Alimony can also be determined using some of the following factors:
- length of the marriage
- how marital assets are divided in the divorce
- each spouse’s ability to support themselves and current living situations
- the age, health, and financial condition of each spouse
- the conduct of each spouse during the marriage and separation
- each spouse’s share of the debt
- the standard of living established during the marriage
- needs and circumstances of each spouse
- whether the parties pay child support
- other equitable considerations
The court may grant temporary, permanent and lump-sum support.
Filing and Serving Your Divorce Papers
To file an uncontested divorce in Michigan, you need to file the following documents:
If you have children, you may have to file additional paperwork.
For contested divorces, the process is similar but requires a few additional steps. You will need to file a petition for divorce and a summons document. After filing the paperwork, you are required to notify your spouse about the divorce by serving (delivering) copies of the documents filed with the court to your spouse. In Michigan, these documents must be served within 90 days of filing the complaint.
If you are in agreement you can arrange a time and place with your spouse to sign the Acknowledgement of Service (second page of the summons). You then file this paperwork with the court clerk.
If your spouse refuses to sign, you may need a process server (third-party) to serve the divorce papers. The server can either personally deliver the documents or send them via registered or certified mail with a return receipt requested. After serving the papers, the server must complete and sign a Proof of Service form (found on the second page of the Summons). The signed and notarized Proof of Service should then be filed with the court.
Finalizing Your Divorce
In Michigan there is a waiting period before your divorce becomes final. If it is an uncontested divorce, you must wait 60 days to schedule a hearing. For divorces that involve children, you have to wait 180 days to schedule a hearing.
Keep in mind that hearing availability depends on the court’s docket and how many cases are scheduled. Chances are if the court is busy you may have to wait longer than the waiting period to schedule your case on the docket. Be prepared for an uncontested divorce case to take three to six months to be final and a case with children to take at least six months to a year. If there are several contested issues, it may take longer than a year.