Michigan Divorce Laws

Considering divorce or going through divorce proceedings can be an incredibly stressful and emotionally draining experience. Marital and family law issues often make it difficult to keep a clear head and decide what’s truly best for you and your loved ones.

If you’re contemplating or actively involved in divorce proceedings in Michigan, Alward Fisher can help. We have an in-depth understanding of Michigan divorce laws and can answer all your questions. Please don’t hesitate to contact our knowledgeable Michigan divorce attorneys for the trusted guidance you need.

Understanding the Michigan Divorce Statute

Just as Michigan imposes certain statutory restrictions and requirements on marriage, the state also has specific rules that apply to divorce. To legally file for divorce in Michigan, whether contested divorce or uncontested divorce, the party who files must have lived in Michigan for at least 180 days before filing, and either party must have lived in the county where the divorce complaint is filed for at least 10 days prior to filing. There are certain exceptions to these requirements.

Like many states, Michigan allows for no-fault divorce proceedings. In a no-fault divorce, the spouse who files for divorce is not required to prove to the court that the other spouse has committed any wrongdoing. Under Michigan law, couples who file for no-fault divorces can cite an “irretrievable breakdown” of the marriage as their reason for filing.

Although a Michigan judge will grant a divorce regardless of whether either spouse is at fault, the judge may consider fault when making other decisions, such as dividing marital property or ordering spousal support payments. Examples of fault that could impact a judge’s decision include:

• Cruelty – Inflicting abuse or unnecessary emotional or physical pain
• Adultery – Voluntary sexual intercourse between one spouse and a non-spouse
• Desertion – Abandoning one’s spouse for a significant length of time
• Incarceration – Being confined to jail or prison for a significant period

How Laws of Michigan Divorce Affect Different Situations

Certain divorce cases in Michigan require special considerations, especially those involving longer marriages or children who are minors.

Many people assume that marriages must last for 10 years or more before divorce courts will order one side to make spousal support or alimony payments.

Although judges are indeed more likely to award support when spouses have been married for a longer time, they will award alimony as needed if either spouse qualifies. However, the division of certain benefits may look different depending on the length of a marriage. In instances of divorce after 10 years of marriage in Michigan, an ex-spouse has the right to claim up to half of the other’s workers’ compensation benefits, Social Security benefits, and military pension benefits.

When Michigan couples with minor children in common file for divorce, several important issues — such as child custody, parenting time, and child support — must be addressed.

With respect to custody and parenting time, Michigan courts generally presume that maintaining a close relationship with each parent is in a child’s best interests. As a result, joint custody arrangements are preferred and therefore common.

After a divorce is finalized in Michigan, state law assigns both parents equal responsibility for financially supporting any minor children they have in common. Family court judges may order a noncustodial parent to make child support payments based on child custody arrangements, parenting time, and the relative net income of each parent.

What You Need to Know About Moving Out of Michigan Before Filing for Divorce

If you’re currently or about to be filing for divorce in Michigan, you may be looking to put some physical distance between yourself and your soon-to-be ex. Although this is understandable, it’s important to consider how doing so could impact your divorce, the legal custody of your children, and support proceedings in court.

Courts in all states presume that it’s in a child’s best interests if they have both parents in their lives, except in certain cases involving abuse or abandonment. In the court’s view, a parent who moves a child to a different state before a divorce or while a divorce is still pending may ruin the child’s relationship with the other parent.

If you can prove that it’s actually in your child’s best interest to move to a different state, the court may allow the move — but it is not required to do so. To request permission to move to a different state before finalizing your divorce, you will need to:

• File a motion with the court to communicate your reasons for relocating
• Attend a court hearing, during which the court will consider arguments from you and the child’s other parent about why the move should or shouldn’t occur
• Obey the court’s orders, regardless of its decision

Consequences for Breaking a Divorce Decree in Michigan

After finalizing a divorce in Michigan, both ex-spouses must legally comply with the court’s divorce decree. If your ex-spouse willfully disregards or refuses to obey the divorce decree, you may have grounds to ask the court to intervene. If a judge agrees, the court may impose certain consequences depending on the following conditions:

• If your ex-spouse refuses to surrender property ─ Judges can enforce property division decrees by appointing third parties to collect and distribute the property, awarding you overdue payments and interest, or holding your ex-spouse in contempt of court and imposing fines or jail time.
• If your ex-spouse violates a family court order ─ A judge can have your ex-spouse arrested if he or she falls behind on child support payments, though this is rare. If your ex-spouse misses support payments or otherwise violates a family court order, judges are more likely to respond by holding them in contempt of court, garnishing their wages, or adjusting their parental rights.
• If your ex-spouse is genuinely unable to comply ─ Your ex-spouse can submit an affirmative defense to the court if he or she truly cannot comply with court orders. This commonly occurs due to changes in income that prevent individuals from making court-ordered support payments.

FAQs About Michigan Divorce Laws

Below are the answers to some of our most frequently asked questions about the Laws of Michigan Divorce:

Talk to a Traverse City Divorce Lawyer About Your Case

To discuss the details of your Traverse City divorce case with an experienced family law attorney, contact Alward Fisher today. We are here to educate you about this complex divorce process and help you make the right decisions for you.