If your spouse is not living in Michigan at the time that you file for divorce, you must prove to the court that you lived there as husband and wife, or that you have been a resident of the state for at least a year before filing.
2. Does Michigan have a waiting period? Yes. The court will not hear your case until at least 60 days after you file. If you and your spouse have children younger than 18, the court will not take action until at least six months after you file, unless you can prove to the court that there is an urgent need to hear your case sooner. Even then, you will have to wait 60 days after filing.
3. Does the state have grounds for divorce? Michigan only has one no-fault ground for divorce. You must show that there has been a breakdown in your marriage, and that there is no reasonable hope it can be saved.
4. How does Michigan determine the division of property? You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.
In doing so, the court will consider what is equitable, or fair. The court may award a piece of property to you or to your spouse; grant each of you ownership of a portion of a piece of property; or order you to sell a piece of property and divide the proceeds.
Vested pension, annuity or retirement benefits accrued while you were married become marital property. Unvested pension, annuity or retirement benefits accrued while you were married may become marital property, if the court decides that is fair.
If one of you contributed toward the improvement of the other’s property while you were married, that property may be considered marital property and divided between you.
5. Does Michigan require mediation before a divorce is granted? No, mediation is not a requirement for a divorce in Michigan.
6. How does the state determine child custody? Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life — where a child goes to school, what faith he or she is raised in and other biggies.
Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement.
If you and your spouse cannot come to an agreement about custody, the court will consider what is in the best interest of your child. To determine what that is, the court will take into account:
- The love, affection and other emotional ties your child shares with each of you.
- You and your spouse’s abilities to give your child love, affection and guidance, continue his or her education and raise your child in his or her religion.
- You and your spouse’s abilities to give your child food, clothing and medical care and fulfill other material needs.
- How long your child has lived in a stable environment and whether it’s best to continue that situation.
- The permanence of the family structure in the child’s current or proposed home.
- You and your spouse’s moral fitness.
- You and your spouse’s mental and physical health.
- Your child’s history at home, in school and in the community.
- Your child’s wishes, if the court decides he or she is old enough to have a preference.
- You and your spouse’s willingness and abilities to encourage a close relationship between your child and the other parent.
- Any evidence of domestic violence.
- Any other factor the court decides is relevant.
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