Everything You Need to Know About Divorce Laws in Michigan
Laws, rules, and regulations vary state by state, so if you are new to Michigan or have just never been forced to deal with how divorce works in Michigan, we are here to help.
As divorce lawyers in Farmington Hills, Michigan, we have handled every type of divorce and family law case you can imagine.
Often times, our clients have many questions and concerns before and during the divorce process. To help those of you looking to file for divorce in the State of Michigan, we have put together a guide to some of the most important factors and questions we are frequently asked.
Frequently asked questions and important laws regarding divorce in Michigan
Do my spouse and I both have to live in Michigan to get a divorce here?
The short answer is, no.
However, at least one of you must have lived in the State of Michigan for at least 6 months prior to filing for divorce.
Can I file for divorce at any courthouse in Michigan?
You are required to file for divorce in the circuit court of the county where either you or your spouse live.
You or your spouse needs to have lived in that county for at least 10 days prior to filing for divorce.
Typically, it is easiest just to file in the county where you live, but if you prefer to file (or have your spouse file) in the county where they live, you can do that as well.
What are the grounds for divorce in Michigan?
Since Michigan is a “no-fault” divorce state, there are essentially no elements in a marriage required to get a divorce.
In other words, you do not have to prove things like infidelity or abuse to be granted the right to get a divorce.
One party must simply say/agree that the marriage is “beyond repair” and a divorce is the only remaining option.
This makes the divorce process much easier as opposed to some states that require meeting a certain criteria or living apart for 6 months before you can finalize a divorce.
How long does a divorce take in Michigan?
In Michigan, a divorce can be granted after 60 days of filing if there are no children involved.
That does not necessarily mean your divorce process is guaranteed to be completed in two months.
If there are children involved, the process will take longer.
If you have children, the minimum waiting period for finalizing a divorce is 6 months but this too many take longer depending on the judge’s ruling and factors involved in the case.
Can I file for divorce without an attorney in Michigan?
Yes. You are allowed to file for divorce without an attorney in Michigan.
However, it is strongly recommended you at least consult with an attorney first. Obviously, as divorce and family law attorneys we are biased, but anyone who has filed for divorce with or without an attorney will tell you the same thing.
Divorce is a complicated process and if you are not familiar with the documents required or the rights you are or are not granting your spouse, you may end up with a lifetime of regret.
Can I get my marriage annulled in Michigan?
Getting an annulment is a bit more complicated than simply getting a divorce.
For those of you unfamiliar with what an annulment is, it is when the courts rule that the marriage never happened or was never valid.
Things like the age of one or both parties or if one of the spouses has mental incompetence may be grounds to have your marriage annulled in Michigan.
Whether or not you are eligible for an annulment would be decided by a judge.
What is the difference between a contested and an uncontested divorce?
The terms contested and uncontested divorce are pretty universal in every state.
An uncontested divorce means neither you nor your spouse needs legal assistance with things like dividing property or child custody.
Uncontested divorce lawyers in Michigan typically operate with a relatively fixed price and uncontested divorces are almost always cheaper.
Contested divorce lawyers in Michigan usually work at an hourly rate and will help you with things like:
- Child support
- Child custody
- Property and asset division
- Visitation rights and parenting time
- Division of personal or joint debt
- Alimony
And so on.
Just about every divorce and family attorney handles both contested and uncontested divorces.
How will alimony be decided in my divorce in Michigan?
Alimony, also known as spousal support, was created to limit the financial burden a divorce may take on one of the parties involved.
In other words, if you or your spouse do not work or work a job at a significantly lower wage, the other person may be required to provide financial assistance for either a temporary or permanent period of time.
In Michigan, if you and your spouse (and attorneys) are not able to come to an agreement on alimony, a judge will review the case and make a ruling on the matter.
Other situations that may affect whether alimony is required and the amount in which you or your spouse is required to pay includes:
- You or your spouse chose not to pursue/finish college or a certain career because of the marriage and/or children
- You or your spouse will not be able to provide financially for your child(ren) without alimony support
- You or your spouse needs to maintain a living standard similar to the one lived during the marriage
Alimony is far more frequent in longer marriages.
To find alimony attorneys in Michigan, you just need to find a divorce attorney who handles the matter (which most do).
How is child custody decided during a divorce in Michigan?
Like alimony, you have the option to come to an agreement on child custody during the divorce process.
In the State of Michigan, there are two types of child custody: joint custody and sole custody.
Sole custody is when one parent or guardian is given sole legal and physical guardian rights of a child or children.
Joint custody means two or more parties have some sort of right to see or make decisions for a child(ren).
A child custody attorney will help you present your case to both your spouse and the judge, but the judge will make a decision based on what he or she feels “is in the best interest of the child”.
How much is a divorce in Michigan?
Like all professional services, the cost of a divorce will depend on things like the type of law firm you hire, the services you need them to provide, the complexity of the case, and also the length of the divorce process.
Divorce lawyers are unique because most of the time, divorce is typically a relatively simple process. This makes it easy for attorneys to provide an estimated cost.
Other lawyers, like personal injury attorneys, for instance, may charge hourly or simply received a fixed percentage of your settlement amount.
Looking for a “cheap divorce lawyer” is typically everyone’s first thought when they plan on filing for divorce. While we understand the costs associated with divorce are never expected, the money you spend on a quality attorney could save you a lifetime of trouble.
There are also flat-rate divorce attorneys that have simple, fixed pricing, but we recommend contacting us to discuss pricing and options for your divorce.