How to Get a Divorce in Michigan: A Step-By-Step Guide
Are you feeling lost about how to get a divorce in Michigan? At ReedsAndReeds, we understand that starting this process can be daunting. With years of experience as divorce lawyers, we’ve guided countless clients through the steps to ensure a fair and smooth transition. Allow us to walk you through everything you need to know to make this challenging time a bit easier.
As indicated in Michigan.gov, you must file a complaint for divorce at your local circuit court. There’s a waiting period of 60 days if you don’t have kids, and six months if you do. Then a judge will finalize the divorce.
Understanding Michigan Divorce Laws
Did you know Michigan divorce laws require a mandatory waiting period of 60 days to finalize a divorce involving no children?
To outline briefly when a couple decides to get a divorce in Michigan, there are specific rules they need to follow. In Michigan, you don’t have to prove someone did something wrong to get a divorce. However, if you did want to state a reason, things like cheating, being in prison, abuse, or leaving without a reason could be mentioned.
When it comes to splitting property and debts during the divorce, Michigan uses a system called equitable distribution. This means everything is divided fairly, but not necessarily equally. Factors like how long the couple was married, each person’s ability to make money, and what each person contributed to the marriage are considered.
To cut a long story short child custody and support are also important issues. The court tries to decide what is best for the child. They look at things like the child’s relationship with each parent, what the child wants (if the child is old enough), and which parent can provide a stable and loving home.
For child support, Michigan uses a formula that looks at both parents’ incomes, the number of children, and how much time each parent spends with the kids. Both parents must help support their children financially, even if one parent is not the main caregiver.
In short, understanding Michigan’s divorce laws is important if you are getting a divorce in the state. These laws explain how property, child custody, and support will be handled.
Residency Requirements for Divorce
Residency requirements for divorce can range from no minimum period to up to one year, depending on the state.
Usually, at least one of the spouses must have lived in the state for a certain amount of time before they can file for divorce. This period is usually between 3 to 12 months. Some states also need the marriage to have taken place there or the reasons for the divorce to have happened there.
Essentially, it’s important to check and understand the specific rules in the state where you plan to file for divorce. If you don’t meet these rules, your case might be dismissed. If you’re not sure about these requirements, it’s a good idea to talk to a lawyer to make sure you meet all the necessary criteria before filing for divorce.
Filing for Divorce: Step-by-Step Guide
From what we figured out before, to file for divorce, you must first verify if you meet the residency requirements of your state.
To put it simply, start by collecting all the important documents like your marriage certificate, financial records, and any legal agreements you have.
Once you have these papers, you need to fill out a divorce petition and submit it to the right court, along with a filing fee. You also need to deliver the divorce papers to your spouse, either with the help of a process server or by certified mail.
After you serve the petition, your spouse has a certain amount of time to respond. If they don’t respond in that time, you might be able to get a default judgment and move forward without them.
If your spouse does respond, you’ll need to go to court hearings or mediation sessions. So to speak, during these meetings, you’ll work on issues like dividing your property, spousal support, and child custody.
If you both agree, you’ll sign a settlement agreement and send it to the court for approval. If you can’t agree, a judge will make the decisions for you.
Once the judge approves the settlement agreement or makes a final decision, you’ll get a final judgment of divorce. This officially ends the marriage and lists the terms of the divorce.
After you receive the final judgment, make sure to do any post-divorce tasks, like updating your legal documents and changing your beneficiaries.
Don’t forget to get legal advice if you need it during the divorce process.
Division of Property in Michigan
Referencing previous discussions in Michigan, property division during a divorce follows the principle of equitable distribution, which focuses on fairness rather than strict equality.
For the most part, this means that the court will try to split the property a couple owns fairly during a divorce. They will look at things like how long the couple was married, what each person contributed, and how much each person can earn. The property includes anything bought or debts made while married, no matter whose name they’re under. Property owned before the marriage or received as a gift or inheritance usually isn’t divided in a divorce.
Come to think of it, if that property gets mixed with marital property or used for the benefit of both spouses, it can be divided. Each spouse needs to reveal all assets and debts during a divorce to ensure a fair split. If the couple can’t agree on dividing their property, the court will decide for them based on the provided information. Getting advice from a lawyer can help manage property division during a divorce in Michigan.
Custody and Child Support Rules
Carrying on from past thoughts, custody and child support rules are established by the court with the child’s best interests as the primary consideration.
To be brief, custody means taking care of and making decisions for a child. Child support is the money one parent pays to the other to help take care of their child.
When deciding who gets custody, the court looks at things like the child’s relationship with each parent, how well each parent can take care of the child, and if there is any history of violence or drug abuse. The court can give custody to one parent (sole custody) or both parents (joint custody), based on what is best for the child.
At the base, child support is usually decided by looking at how much money both parents make, what the child needs, and how much time the child spends with each parent. One parent might have to pay the other to help cover costs like food, clothes, housing, and medical care.
Parents need to follow the court’s rules for custody and child support. Not following these rules can lead to legal trouble. Both parents have to support their children and stay involved in their lives, no matter their relationship with each other. It’s a good idea for parents to talk to a lawyer if they have questions about custody and child support.
In Closure
As we already explored, in Michigan, getting a divorce involves filing a complaint, serving the spouse, attending a court hearing, and dividing assets and custody.
What ReedsAndReeds is recommending to read about is, that understanding the legal requirements and seeking assistance from a lawyer can help streamline the process and ensure a fair resolution for both parties involved.
