- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 25-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Michigan Divorce Law Summary
In Michigan, the divorce rate has remained relatively steady in recent years, with around 32,000 divorces and annulments filed annually as of 2022.
While going through a divorce can be a complicated and emotionally challenging process, taking the time to inform yourself about the laws and the types of decisions you will need to make will help you through the transition.
Before filing for divorce, you should know that Michigan follows a no-fault divorce policy and is an equitable distribution state regarding the division of marital property, assets, and debts. Both of which will be explained later in this article.
You will also learn the factors Michigan’s family law courts use to determine child custody and support decisions, such as each parent’s income related to the child’s financial and emotional needs and best interests.
Michigan Divorce Law Topics
This article will cover the following Michigan divorce law topics:
- Residency Requirements
- Legal Grounds For Divorce
- Legal Separation
- Property Division
- Alimony Spousal Support
- Child Custody
- Child Support
- Mediation Requirements
- Legal Name Change of Spouse
Residency Requirements
To file for a divorce in Michigan, the complainant or defendant must have resided in this state for 180 days immediately preceding the complaint and lived in the county where the complaint is filed for ten days immediately preceding the complaint filing.
Legal Grounds For Divorce
No-Fault Grounds:
Michigan is primarily a no-fault divorce state. This means that the spouses can choose the divorce process they wish to follow. Under Michigan’s no-fault divorce process, neither spouse has to prove fault or wrongdoing by the other spouse to dissolve their marriage.
Under no-fault grounds, the parties simply need to attest that the marriage has broken down to the point where there is no reasonable likelihood that the marriage can be saved.
Fault-Based Grounds:
A divorce may be filed where the grounds for divorce are based on fault.
The following specific grounds qualify for divorce based on fault can include:
- Adultery
- Cruel and abusive treatment
- Desertion
- Imprisonment for three or more years
Legal Separation
Like divorce, the court will determine child custody, child support, spousal support, and division of marital property during the legal separation process. However, the spouses remain legally married during a legal separation, so certain issues like alimony may be treated differently than in a divorce.
Converting the separation into a final divorce decree:
If the spouses decide to fully terminate the marriage after a period of legal separation, they can convert the case to a divorce. This typically requires additional filings and court proceedings but allows the spouses to dissolve the marriage officially.
Property Division
Michigan is an equitable distribution state, which means that when dividing marital property, the court has the authority and discretion to divide property based on what it considers a fair and equitable division under the circumstances.
Marital Property vs. Separate Property
Michigan courts must rule what it considers marital property versus separate property:
Marital Property – Divided Between Spouses Upon Dissolution
Marital property includes all property acquired during the marriage, including:
- Real estate
- Personal property
- Financial assets, including retirement accounts
- Business interests
Separate Property – Not Subject To Division Upon Dissolution
Separate property is property acquired before the marriage or by one spouse during the marriage as an individual gift or inheritance to that spouse.
Factors Considered in Property Division
When dividing marital property, Michigan courts consider the following factors:
- Length of the marriage
- Contributions to the marriage by each spouse
- Age and health of each spouse
- Income and earning capacity of each spouse
Legal Tip
Alimony Spousal Support
Either party may be ordered to pay alimony during the pendency of the divorce proceeding and afterward. The court may terminate an alimony award as of the date the party receiving alimony remarries unless a contrary agreement is specifically stated in the divorce judgment.
Child Custody
In Michigan, joint custody is encouraged. In cases where the division of child custody is contested, custody placement will be determined based on the “Best Interests of the Child.”
These factors will include but are not limited to:
- Love, affection, and other emotional ties between the parent and the child.
- The financial and emotional capacity of the parents to provide the child with love, affection, and guidance and to continue the education and raising of the child.
- The capacity of the parents involved in providing the child with food, clothing, and medical care.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of the parents.
- The mental and physical health of the parents.
- The home, school, and community records of the child.
- The child’s reasonable preference is determined if the court considers the child to be of sufficient age to express a preference.
- The willingness and ability of each party to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent. The courts highly disfavor parental alienation by one parent against the other due to the negative impact on the child.
- Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
- Any other factor the court considers relevant to a particular child custody dispute.
Child Support
The court shall order child support in an amount determined by applying the state-accepted child support formula.
The court may order child support for the time a child is regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the recipient of support or at an institution, but in no case after the child reaches 19 years and six months of age.
Watch Michigan Divorce Lawyer From Goldman and Associates Discuss Proving Emotional Abuse In Michigan Divorce Cases:
Mediation Requirements
The court may recommend or order divorce mediation to assist the parties in resolving their disputes
Legal Name Change
A spouse may request that the court grant their request to legally change their last name during the divorce proceedings. If the legal name change was not made during the divorce, it can be done by petition after the divorce has concluded.
Divorce Wellness Tips
While this divorce summary provides a starting point, it is not intended to be a substitute for consulting with an experienced divorce lawyer to review your case’s specific facts and circumstances and address your goals.
Sources and References…
Michigan Child Support Guidelines
