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Either party can file for divorce in Michigan if they meet the residency requirements. At least one of the parties must have resided in Michigan for at least 180 days immediately preceding the filing of the complaint.
They must have resided in the county where the complaint is filed for at least 10 days immediately preceding the filing of the complaint.
In Michigan, the legal grounds to file for divorce are based on a "no-fault" system. This means that you can file for divorce without having to prove that either party is at fault for the breakdown of the marriage.
Anyone who has been a resident of Michigan for at least 180 days can file for divorce in Michigan.
Yes, Michigan requires a period of separation before a divorce can be granted. The separation period must last at least 180 days if the couple has no children and 2 years if the couple has children.
During this time, the couple must live separately and not engage in sexual relations. However, the separation requirement can be waived in cases of fault-based divorce, such as adultery, cruelty, or abandonment.
Michigan is not a community property state. It is an equitable distribution state. This means that marital assets and debts are divided fairly and equitably, but not necessarily equally, between the parties in a divorce. Factors that may be considered in determining an equitable distribution include:
1. The length of the marriage
2. The contributions of each spouse to the marital property
3. The age and health of each spouse
4. The earning capacity and financial needs of each spouse
5. The standard of living established during the marriage
6. The non-financial contributions of each spouse to the marriage (such as homemaking or child-rearing)
7. The fault or misconduct of either spouse (if it had an effect on the marital property)
8. Any prenuptial or postnuptial agreements
Once the court has considered these factors, it will make a determination about how to divide the marital property and debts fairly and equitably between the parties.
The cost of divorce in Michigan varies depending on several factors, such as the complexity of the case, whether it is contested or uncontested, and whether you hire an attorney or represent yourself. The filing fee for divorce in Michigan is typically around $200.
However, attorney fees can range from $150 - $500 per hour, and the total cost of a divorce with legal representation can range from $5,000 - $20,000 or more. It is recommended to consult with an attorney to get an estimate of the cost specific to your case.
The length of time it takes to get a divorce in Michigan can vary depending on several factors such as the complexity of the case, the level of disagreement between the parties, and the court’s caseload.
Generally, uncontested divorces (where both parties agree on all terms) can be finalized in 60-90 days, while contested divorces can take anywhere from several months to several years to resolve.
It is best to consult with a divorce lawyer in Michigan for a more accurate estimate of the length of time for your specific case.
Child custody in Michigan is determined by the court based on what is in the best interest of the child. Factors the court may consider include:
1. The mental and physical health of each parent
2. The emotional ties between each parent and the child
3. The ability of each parent to provide for the child's basic needs, including food, shelter, clothing, and medical care
4. The child’s preference, if the child is of sufficient age and maturity to express a preference
5. The willingness of each parent to encourage a healthy relationship between the child and the other parent
6. The presence of domestic violence in either household
7. The child's adjustment to their home, school, and community.
Michigan law encourages parents to work together to create a parenting plan that meets the best interests of their child, including a parenting time schedule.
However, if parents cannot agree on custody and visitation arrangements, the court will make the final determination.
