Learn How to File for a Michigan Divorce and What to Expect in Court for Your Hearing

The divorce laws in the various states of the US are not the same, but you will find some areas where they are. An example of this is in the residency regulations. To file a divorce in Michigan, you are required to be a resident of state for a period of at least 6 months preceding the filing for divorce under the Michigan divorce laws.

You will only have to prove that the relation between the two you has been damaged beyond any reconciliation whatsoever and such grounds will be enough to be granted a divorce from your spouse.

In Michigan, you can secure both types of divorce – these include a ‘no-fault’ divorce and ‘at-fault’ divorce. In ‘no-fault’ divorce, you and your partner are asking to be separated by mutual consent. There are no charges that the two of you are raising against each other – it is nothing but plain and simple ‘incompatibility.' On the other hand, there can be many grounds on which you or your spouse can ask for an ‘at-fault’ divorce. These are not just more complicated issues where there is typically a lot of mud-slinging, but these divorce cases run for a longer time as well.

What Are the Possible Grounds for Divorce?

You can seek legal separation when your marriage is causing thorough dissatisfaction and stress-ridden circumstances due to certain adverse issues. You can seek a divorce even with the absence of such factors. It might so happen that you just do not wish to be with your spouse anymore, and the feeling might be mutual.

You can ask for a divorce if you have substantial proof of your partner’s unfaithfulness. Before moving into court, you must have confidence that you will be able to prove this at the court. It might be that you know this as a fact, but it cannot be proved.

If you have an abusive spouse, you can also appeal for a divorce. This abuse may be committed on you, the children from the marriage or any other family member. The court considers various types of abuse like physical, verbal, emotional or sexual while considering a request for divorce.

You can also opt for severance from your partner if he/she abandons you for a stipulated time. Moreover, if the spouse is arrested and is not with you for a considerable time, you can ask for a divorce on such grounds. Other grounds include impotency revealed after marriage. You can ask for a divorce if you find that your spouse is incapable of having sexual intercourse.

Children and Divorce

If you have children, you must realize that they go through a lot of unhealthy emotional stress while your family is being torn apart. The court recognizes this too and wants this to be taken care of. There are issues such as child custody and visitation rights that come up during the divorce proceedings and the court decides what is best depending on a lot of factors. The wishes of the children are also considered.

The Distribution of Property

Most couples have property together, and thus, what will happen to it once the divorce is granted is another important issue. The properties can include the home, automobile and even retirement accounts. Apart from various other considerations, the court also considers whether the property was acquired before or after the marriage and which spouse contributed what to acquire this.

In fact, property rights after divorce are among the most controversial and contentious divorce settlement issues. It is necessary for both the spouses to try and solve such issues amicably. The issues related to real estate need to be decided such as who will have the right to the real estate and live in it, pay for the mortgage, insurance, utilities, taxes, expenses for repairs and if it is sold, then how the profits will be distributed.

In regards to any vehicles, the court will determine who has the right to the vehicle, and who is responsible for paying the loan amount for it. The court will also decide this for the vehicle insurance payments.

Both you and your spouse may keep your own personal property. This can include jewelry, books, clothes and others, even if many of those were presented by the spouse on occasions such as birthdays, anniversaries, etc. It is best that you make a list and include all items in the agreement for marital settlement.

All monies belonging to you and your spouse prior to marriage must be returned to the respective partner or otherwise agreed upon by the two of you. Any other money held by the two of you is considered as community property that is divided equally.

Debt and Divorce

When you and your spouse are fighting over divorce, it is natural that you will want as much of the property as possible, and as little of the debt. The court may however disagree, and will enter a final decision on the division of any existing debts.

Child Support

Child support is another extremely sensitive issue, and the court also recognizes this. Child support takes into account the revenues and debts of both you and your spouse. It is calculated on your and your spouse’s income once the tax liabilities have been deducted as follows:

One child – 15% to 20% of after-tax income
Two children – 25% to 30%
Three children - 20% to 35%
Four children – 35% to 40%
Five children – 40% to 45%
Six children – 45% to 50%
Seven + children – 50%

Even if your relationship with your partner has turned sour, remember that it is always best to discuss the issues of alimony and child custody before you file for divorce. You must also understand that alimony laws have changed a lot over time and the MI divorce laws recognize that either men or women may be entitled to receive these payments from an ex-spouse.