Michigan Divorce Laws- Dissolution of Marriage

From the Upper Peninsula to the inner city of Detroit, Michiganders going through divorce quickly understand the great challenge the process of divorce becomes. It seems daunting at first. You're here and needing answers, right? Take a deep breath. If nothing else, we'll give you some answers and ease your anxiety.

Michigan Child Support

Michigan child support laws is based on and what is called the Income Shares Model. The Family Court may at any time after the filing of a petition for divorce (or any other action involving minor children) issue an order for the care, custody, and support of the minor children of the parties. Courts also have the latitude to issue child support orders, in certain circumstances, for children who are not minors. Courts will follow state divorce laws with an order for income withholding unless good cause is shown why not to do so. Trying to calculate how much a child support payment is under the income shares format can get pretty dicey. In cases where a party is intentionally unemployed or under-employed, the courts will impute (calculate what that person is capable of earning), and assign that amount without regard to that person's lowered income. See this site's link to the Michigan child support laws that are the basis for calculating child support.

Once your child has reached the age of 19, the child support obligations end, unless a successful petition has extended the time frame.

Health Care Coverage for Minor Children

If a Michigan child support order is entered, the court will require that one or both parents obtain or maintain health care coverage that is available to them at a reasonable cost, as a benefit of employment, for the benefit of the minor children of the parties and, subject to section 5b, for the benefit of the parties' children who are not minor children. If a parent is self-employed and maintains health care coverage, the court will require the parent to obtain or maintain dependent coverage for the benefit of the minor children of the parties and, subject  to section 5b, for the benefit of the parties' children who are not minor children, if available at a reasonable cost.

Michigan Child Custody

Michigan bases its child custody court decisions on the 'best interests of the child' as set forth by Michigan divorce laws. You have the opportunity to agree on a Parenting Plan and a Visitation Schedule with your spouse. Should that fail, the family court will impose its own version of a parenting and visitation or custody plan. Considerations the court uses in its child custody rulings are:

	The love, affection, and other emotional ties existing between the parents involved and the child.
	The capacity of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion.
	The capacity of the parties involved to provide the child with food, clothing, medical care. 'How long the child has lived in a stable environment, and the desirability  of maintaining continuity.
	The permanence of the existing or proposed custodial home or homes.
	The moral fitness of the parties involved.
	The mental and physical health of the parties involved.
	The home, school, and community record of the child.
	The reasonable preference of the child, if the court considers the child to be of sufficient age to express a preference.
	The willingness and ability of each of the parties to encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
	Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
	Any other factor considered by the court to be relevant to a particular child custody dispute.

Michigan divorce laws define child custody

“Sole legal custody”, one parent will have the right and responsibility to make major decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.
“Shared legal custody”, continued mutual responsibility and involvement by both parents in major decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.
“Sole physical custody”, a child will reside with and be under the supervision of one parent, subject to reasonable visitation by the other parent, unless the court determines that such visitation would not be in the best interest of the child.
“Shared physical custody”, a child will have periods of residing with and being under the supervision of each parent; provided, however, that physical custody will be shared by the parents in such a way as to assure a child frequent and continued contact with both parents.

Access to Records

Notwithstanding any other provision of law, a parent will not be denied access to records or information concerning his or her child because the parent is not the child's custodial parent, unless the parent is prohibited from having access to the records or information by a protective order. “Records or information” includes, but is not limited to, medical, dental, and school records, day care provider's records, and notification of meetings regarding the child's education.

Co-parenting equally, where the child spends 1/2 the month with each parent (or alternates weeks) is becoming more common, but carries with it its own set of challenges. If you are considering this, it pays to consult with a child psychologist or another professional in this area. Children's preferences as to where they want to live are considered by the court (in many cases) once they reach their teenage years.

Are you just starting out with divorce, and need a blueprint, or guidance, without it costing an arm and a leg? You will be well served by developing your own Parenting Plan, Visitation Schedule and Child Custody Schedule.

For help in putting together your own Parenting Plan, Visitation Schedule and Child Custody Schedule, refer to these comprehensive pages:

• Parenting Plan Template
• Child Visitation Schedule
• Child Custody Schedule
• Michigan Parenting Time Guideline

Child Visitation
Co Parenting

Michigan has officially adopted the term parenting time and retired 'visitation'. The parents have the opportunity to fashion a Child Custody or Parenting Time Arrangement, and submit the Parenting Plan to the court. If the plan complies with state law, the Court will generally enter the agreed upon a final dissolution order. In the event that you can find common ground with your spouse, be careful to leave nothing to interpretation. Be as specific as you can including the right language in your agreement. For guidance, see the four pages listed above in custody section.

In order to fully agree with any parenting plan, custody agreement or child visitation plan, you'll need to be involved in creating the plans. You can depend on a lawyer to put your wishes in the document, or you can actually do it yourself with Parenting Plan software. What are the rights and responsibilities of each parent? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners of your's or your ex's? Should those partners stay overnight when the children are there? Do they need to be married? Remember, should there be no agreement reached between you and your spouse, the court will determine custody and visitation in what it believes is the best interests of the children.

Factors in Determining Child Visitation

	The existence of any special circumstances or needs of the child
	Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing.
	The reasonable likelihood of abuse or neglect of the child during parenting time.
	The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.
	The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.
	Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.
	Whether a parent has frequently failed to exercise reasonable. parenting time.
	The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent or from a third person who has legal custody. A custodial parent's temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent's intent to retain or conceal the child from the other parent.
	Any other relevant factors

In most cases the mother gets primary custody, the father joint custody with parenting time, or joint legal custody. The Father typically is allowed alternating weekends, one non-overnight evening per week, alternating holidays, and several weeks in the summer. 

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. Familiarize yourself with Michigan divorce statutes. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

Are you already involved in the divorce process or perhaps divorced, and needing the right forms for specific parenting issues? The State of Michigan offers these:

• Motion Regarding Parenting Time
• Response to Motion Regarding Parenting Time
• Order Regarding Parenting Time
• Notice of Hearing to Enter Order
• Notice to Enter Order Without Hearing
• Claim of Appeal

To begin the divorce process you'll need the correct divorce forms. Download them easily and begin your divorce today.

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Spousal Support
Michigan Alimony
Maintenance

Alimony Guidelines

The court will consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.

Parties may request alimony or maintenance (sometimes referred to as spousal support) at any time after the initial filing, and are not required to produce evidence or explanation in the initial petition for alimony. The defendant may either admit the grounds for separate alimony or maintenance or deny them without further explanation. An admission by the defendant of the grounds for separate alimony or maintenance can be considered by the court but is not binding on the court's determination. The defendant may also file a counterclaim for divorce.

If a counterclaim for divorce is entered, it need not be accompanied with proof, and is not binding on the court.

If evidence is presented in open court that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, the court shall enter:
A judgment of separate maintenance if a counterclaim for divorce has not been filed.
A judgment dissolving the bonds of matrimony if a counterclaim for divorce has been filed.

Alimony granted to a party by the court can be temporary, for a specific period, or permanent. Remarriage or co-habitation can cause the alimony to be voided.   

Grounds For Divorce

Grounds for divorce can be filed based on the allegation that there has been a breakdown of the marriage and the relationship has been destroyed and no reasonable likelihood that the marriage can be preserved. Irreconcilable differences is the common phrase used in such a pleading. The defendant may either admit the grounds for divorce or deny them without further explanation. Should the defendant admit to the grounds, the court is not bound to make that determination until the court is satisfied that the admission is true and correct.

The court shall enter a judgment dissolving the marriage if evidence is present to affirms the filing charges. Make certain there is no cohabitation after the filing for divorce. You will be asked to swear under oath, and if you admit to it (cohabitation), the judge can throw out your case.     

Marriage Annulment
Marital Annulment

Michigan does provide for certain grounds for a marriage annulment (also called a marital annulment or a divorce annulment) such as a party having a current spouse, one of the parties not being of sufficient age, being mentally incompetent, having venereal disease, or being sterile or impotent. The process is similar to a divorce, except that one must prove in some detail why there are grounds for annulment. Annulments are issued for marriages that never should have been. If there has been concealment, or the marriage was the result of a joke or dare, it can be annulled.

If you claim you were forced or defrauded into marriage, make sure there is no cohabitation after you file. That will terminate your action.

If you claim physical incapacity as a ground, you must bring an action within two years of your marriage.