Divorce can be a complicated process with various legal requirements and specific steps that must be followed. In Michigan, state laws govern how things work in a divorce.
Understanding the legal aspects of a Michigan divorce and knowing what to expect will ease the process and help ensure you protect your rights. Below are some of the state-specific laws you ought to be aware of.
Residency requirements
Some states like Michigan have residency requirements for divorce, to avoid people changing jurisdictions overnight to benefit from the prevailing laws or to gain an unfair advantage over their spouse with a hasty filing. Before filing for divorce in Michigan, one of the spouses must have been a state resident for at least 180 days. In addition, either spouse must have lived in the county where the divorce is filed for at least ten days before the filing.
Grounds for divorce
Michigan is a no-fault divorce state, meaning neither spouse is required to prove that the other is at fault for the breakdown of the marriage. Instead, the only requirement is that the marriage has broken down irretrievably with no chance of reconciliation.
Child custody and support
Issues of custody and support become a top priority when children are involved in a divorce. Michigan courts prioritize the best interests of the child when making decisions about custody and support. Factors such as the child’s age, relationship with each parent and the ability of each parent to provide for the child’s needs will weigh in such determinations.
Property and debt division
Michigan is an equitable distribution state, meaning that assets acquired and liabilities incurred during the marriage will be divided fairly between the spouses. It does not necessarily mean an equal 50/50 split but rather a distribution the court deems fair.
Protect your interests in a divorce
If your marriage is on the rocks or divorce proceedings have already kicked off, it is prudent to have appropriate legal guidance to advance your interests. Given what is at stake and the potential effects on life ahead, you cannot afford to lose out.