Getting a divorce can be a difficult and emotional process, especially when it involves navigating the legal system. If you’re considering a divorce in Michigan, it’s important to understand the state’s laws and requirements to ensure a smooth and fair resolution. This article provides an overview of the divorce process in Michigan, including steps to take, common challenges and resources to help you through this difficult time.
What are the residency requirements for divorce in Michigan?
To file for divorce in Michigan, one of the spouses must have lived in the state for at least 180 days prior to filing the divorce petition with the court.
Additionally, one of the spouses must have resided in the county where the divorce petition is filed for 10 days prior to filing. However, if neither spouse has lived in that county for 10 days, you can still file there if your spouse is a non-U.S. citizen and you have a child under 18 years old who may be at risk of being taken out of the country by your spouse (a judge will make this determination).
In cases of domestic violence or other urgent situations, Michigan allows a spouse to immediately file for divorce, rather than waiting to meet the 180-day residency requirement. The court may also waive the residency requirement if it would cause severe financial hardship or other difficulties.
What are the legal grounds for divorce in Michigan?
Michigan follows a no-fault divorce system. This means that a divorce can be granted regardless of whether or not one spouse is to blame for the dissolution of the marriage.
The only requirement is to show that the marital relationship has irretrievably broken down and there’s no chance of reconciliation. This means the marital relationship has reached a point where it can’t be repaired, making divorce necessary.
Although fault isn’t a legal ground for divorce in Michigan, fault is one of the factors that may be considered by a judge when it comes to deciding on several issues, including property division, spousal support and child custody.
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Contested vs uncontested divorce in Michigan
There are two main categories of divorce in Michigan: contested and uncontested.
A contested divorce is a one in which the spouses are unable to agree on one or more terms of the divorce. A contested divorce must be resolved in court through a trial, mediation or other legal proceeding.
An uncontested divorce is one in which the spouses agree on all terms of the divorce. To obtain an uncontested divorce in Michigan, the spouses must submit a written agreement to the court detailing the terms of the divorce, and the court must approve the agreement.
Can I get spousal support? What factors will a judge consider?
In Michigan, the court may order either spouse to pay spousal support (also called alimony) for a reasonable period of time after a divorce. The decision to award alimony is based on several factors, including the length of the marriage, each spouse’s financial resources, the earning capacity of both spouses and any domestic violence that may have taken place during the marriage.
A judge determines the amount and duration of spousal support payments on several factors, such as:
- The standard of living during the marriage
- The length of the marriage
- Each spouse’s age and health
- Each spouse’s earning capacity, ability to work and financial needs
- The manner in which each spouse conducted themselves in the marriage and when they broke up
- Whether one of the spouses was at fault
- Whether either spouse is responsible for supporting others
Spousal support can also be ordered in any of the following ways:
- Temporary support: This is sometimes called “status quo support”, since it’s often used to keep things like mortgages and utilities in good order for the duration of the divorce process.
- Periodic payments: This type of spousal support is very common in Michigan, with payments made on a monthly, bimonthly or annual basis.
- Permanent spousal support: This is relatively rare in Michigan. The courts generally only enforce it if there’s a slim chance that the lower-earning spouse can provide for themselves due to age or disability.
- Lump-sum support: Though rare, sometimes courts have one spouse pay the other a large, one-time amount.
How is marital property divided in Michigan?
Michigan follows an equitable distribution system when it comes to dividing marital property. This means that the court divides marital property in a way that’s fair and reasonable but not necessarily equal. In making this decision, the court considers a variety of factors, such as:
- The length of the marriage
- Each spouse’s income and employment history
- Each spouse’s age and health
- Any domestic violence
- Any other factors that the court deems relevant
- Whether either spouse contributed significantly to the other’s education or job training
In Michigan, all marital property is divided between both spouses regardless of whose name is on the title. Marital property includes any assets or debts acquired during the marriage and can include a house, cars, furniture, bank accounts, investments, pension plans, retirement funds and life insurance policies.
Property such as inheritance and gifts are typically considered separate property. However, they can become marital property if treated as such.
How is child custody determined in Michigan?
In Michigan, both parents can enter into a child custody agreement without having to go to court. However, if the couple can’t agree, they need to go to court and let a judge decide the terms.
When it comes to determining child custody in Michigan, the court’s main focus is to meet the best interests of the child. The court considers several factors, such as:
- Each parent’s ability to provide for the child’s physical and emotional needs
- The quality of the child’s relationship with each parent
- How long the child has lived in a stable environment and the desire to maintain this
- The permanence of the existing or proposed home(s) for the child
- Each parent’s moral fitness
- Each parent’s mental and physical health
- The child’s school, home and community record
- The child’s preference
- Any history of domestic violence or abuse
- The willingness of each parent to support a healthy relationship between the child and the other parent
How is child support determined in Michigan?
As set out in the Michigan Child Support Formula Manual, child support in Michigan is determined based on a formula that takes into account the following:
- Each parent’s income
- The number of overnight visits each parent has with the child
- The cost of health insurance for the child
- The cost of child care
- Tax deductions
- If either party has other children or remarries
How to file for divorce in Michigan
The process for getting a divorce in Michigan involves several steps:
1. Complete and file the documents
Complete the complaint for divorce, which includes basic facts and personal information regarding the divorcing spouses (such as the names of the parties and their minor children), as well as a statement that there’s been a breakdown in the marriage.
Once completed, file the documents with the circuit court of the county where either spouse has been residing for a minimum of three months.
2. Serve the papers
Serving divorce papers is necessary in order to officially notify the other spouse of the divorce proceedings and give them the opportunity to respond.
In Michigan, divorce papers must be served to the defendant by a third party who is at least 18 years old and isn’t a party to the case.
Service can be made by personal delivery or by mailing a copy to the defendant’s last known address along with a notice of filing. Mailing can only be done via certified mail delivery, and only the defendant can sign for receipt of the documents.
If the defendant is avoiding service, the court may allow service by publication in a newspaper.
In Michigan, the respondent has 21 or 28 days to reply to the divorce complaint once they’ve been served. (It’s 21 days if personal service is used and 28 days if the papers are mailed.) If they don’t respond within the allotted time period, the filing spouse may be able to obtain a default judgment, which means the divorce is granted on the terms requested by the filing spouse without the respondent’s input.
3. Discovery
The term “discovery” refers to the phase of the divorce process when each party (and their attorneys) gathers relevant evidence and facts. The parties exchange information about finances, child-related concerns and other issues relevant to the divorce case.
4. Agreement or trial
A divorce settlement agreement is a legally binding document that sets out the terms and conditions of a separation and resolves any outstanding issues such as property division, spousal support and child custody and support.
The agreement is a way for the parties to negotiate the terms of the divorce themselves, without going to trial, giving them more control over the outcome. If the parties aren’t able to reach an agreement on their own, typically the court orders them to try mediation. During this legal process, a neutral mediator facilitates communication between the parties and helps them reach a mutually acceptable agreement on the issues in their divorce.
Once the parties determine the agreement, both sign it and submit it to the court (or friends of the court) for approval.
However, if the parties aren’t able to reach an agreement, the court may hold a trial to make a decision on the outstanding issues. During the trial, the parties and their attorneys present testimony and evidence supporting their respective decisions to the judge. The judge uses that evidence to make decisions regarding the issues in the divorce.
5. Final divorce hearing
A final divorce hearing is the final step in the divorce process in Michigan.
For an uncontested divorce, during this hearing, the judge reviews the divorce settlement agreement and other agreements related to the divorce. If approved, the settlement becomes a court order and is enforceable by law.
For a contested divorce, the judge reviews their rulings regarding the contested issues.
In either instance, if there are no major issues, the judge grants the divorce and issues a final divorce decree, which is a legal document that officially ends the marriage.
How long will it take to get divorced in Michigan?
The length of time it takes to get divorced in Michigan varies based on several factors, including the complexity of the case, the availability of the parties and the court and the speed with which agreements can be reached.
In Michigan, a divorce can’t be finalized until at least 60 days after the initial filing, even if the parties reach an agreement on all issues in less time. This waiting period is intended to give the parties time to reflect and make sure they’re making the right decision.
For a divorcing couple without minor children, the divorce process can take anywhere from at least 60 days to nine months.
When the divorcing spouses share minor children, it generally takes between six months and more than a year to finalize a divorce in Michigan.
The court can also dismiss a case if there’s no settlement or trial by the one-year mark. If this happens, the spouse(s) need to file for divorce again and start the process over.
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How much does divorce cost in Michigan?
The cost of divorce in Michigan varies depending on several factors, including the complexity of the case, the level of conflict between the parties, the number of issues that need to be resolved and the method of resolution.
In general, an uncontested divorce tends to be less expensive than a contested divorce, since it requires fewer court appearances and less time.
The cost of hiring an attorney is one of the main expenses in a divorce. Retainer fees (what you pay upfront for their services) can range anywhere between $5,000 and $8,000 for most cases. That said, a highly contested divorce could cost far more—up to $200,000 or more.
In addition to attorney fees, there’s the cost of the filing fees, which are currently as follows:
- $175 (including a $25 fee for the state’s electronic filing system )
- If the spouses share a minor child or children, there’s an additional filing fee of $120, which includes: $80 for a case involving child custody or parenting time and $40 for a case involving child support.
If you can’t afford the filing fees, it’s possible to file a request for the court to waive the fees.
Can we agree to a divorce settlement outside of court?
In Michigan, parties can agree to a divorce settlement outside of court through negotiation, mediation or another alternative dispute resolution method.
Once the parties reach a settlement, they submit their agreement to the court for approval. If the court deems the agreement is fair and reasonable, the judge typically approves it and issues a final divorce decree.
Overall, agreeing to a divorce settlement outside of court can be a more efficient and cost-effective way to resolve a divorce in Michigan, and it’s encouraged by the courts.
When to speak to a divorce attorney
When considering a divorce, it’s generally recommended to speak with a divorce attorney as soon as possible, since they can provide valuable guidance and advice on the divorce process. They can assist you in drafting a divorce petition, negotiating a settlement agreement and representing you in court, if necessary. A divorce attorney can also help you understand the laws and procedures related to divorce in Michigan, and provide advice on issues such as property division, child custody, child support and alimony.
