Either you or your spouse must have lived in Michigan for at least the last six months before filing. You must file your divorce in circuit court in the county where either you or your spouse has lived for at least ten days before filing. Most people file in the county where they live, but you do not have to. You can file where your spouse lives. Your spouse doesn't have to agree to give you a divorce. You can get a divorce even if you are the person who did something that made your marriage end. You do not need to have a legal separation or even be living apart to file for divorce.
You must file your divorce in circuit court in the county where either you or your spouse has lived for at least ten days before filing. Most people file in the county where they live, but you do not have to. You can file where your spouse lives. Your spouse doesn't have to agree to give you a divorce. You can get a divorce even if you are the person who did something that made your marriage end. You do not need to have a legal separation or even be living apart to file for divorce.
It means that it is very unlikely that you and your spouse can work things out. The judge can consider fault in making decisions about spousal support alimony and dividing property.
It is similar to divorce, but you are still married at the end of the case. There will be decisions in your case about custody, parenting time, and child support. Marital property and debt will be divided, and spousal support may be ordered.
Dating while going through a divorce in michigan
If you file a complaint for separate maintenance and your spouse files a counterclaim for divorce, the judge must consider the case a divorce.
You might file a separate maintenance case because you have a religious objection to divorce or want to stay married for other reasons.
An annulment is a court decision that a marriage did not happen. You can only get an annulment in certain situations. The legal reasons for annulment include bigamy, mental incompetence, age, or relationship of the parties.
You can also get an annulment if your spouse used force or fraud to get your agreement to marry. To learn more, read Alternatives to Divorce: Separate Maintenance and Annulment. When you get a divorce, the judge will end your marriage and the legal benefits that come with it. Property or debt that you get during your marriage is usually considered marital property.
Marital property may include real estate, pensions, insurance, retirement accounts, and investment accounts, among other kinds of property. Michigan law says marital property and debt must be divided fairly. In most cases, this means dividing them evenly. Separate property is property owned by one spouse before the marriage, or property inherited by one spouse during the marriage and kept separate from the couple's other assets.
Uncontested Divorce in Michigan
The owner of separate property usually keeps it. To learn more about property issues, read Divorce Basics: If you or your spouse asks for spousal support and you can't reach an agreement, the judge will also decide this issue. When it is awarded, it can be temporary or permanent. When deciding whether to award spousal support, the judge will consider these factors:. If you and your spouse have minor children together, the following issues will be decided in your divorce:.
There are two types of child custody: Legal custody means the right to make important decisions about your children such as school, religious, and medical decisions. Physical custody refers to whom your children live with.
Both legal custody and physical custody can be sole or joint. Sole custody means only one parent has that type of custody. Joint custody means the parents share that type of custody. If parents have joint legal custody, they both have the right to weigh in on important decisions about their children. If parents are not able to talk and make decisions together, the judge will probably award one parent sole legal custody.
If parents have joint physical custody, the children live with each parent at different times. If one parent has sole physical custody, the other parent will normally have parenting time visitation. If one parent gets sole physical custody, the other parent usually gets parenting time. If the parents have joint physical custody, a parenting time schedule can say when the children spend time with each parent. Parenting time can be granted for specific dates and times, or it can be left for the parents to work out.
Sometimes the judge will order parenting time to be supervised by a third party, such as a grandparent or other relative. But in some cases it might be inappropriate for a parent to have parenting time, such as with a parent who is violent or irresponsible. In some cases the judge may order parenting time to be supervised by a third party.
Child support is calculated using the Michigan Child Support Formula. The formula is based on many factors, including the income of both parents, the number of children, and the number of overnights the child spends with each parent.
Child support usually ends when a child turns A child support order also includes amounts for medical and child care expenses and specific information about which parent will provide health insurance for the children. This credit applies dollar for dollar against taxes owed. It is also a refundable credit. However, legal experts say the tax credit will likely go to the custodial parent unless the spouses agree to something different or the judge orders something different. In general, the custodial parent is the parent with whom the child spends more nights during the year.
Under the old federal law, there was a child dependency exemption that reduced the custodial parent's taxable income. This exemption will not be available through If you were divorced before the new tax law went into effect, your divorce judgment should state which parent gets the dependency exemption. The tax credit under the new law should go to that parent. If you still have questions or concerns or you aren't getting the help you need, you should consult with a family law attorney in your area.
The clerk of court will charge a filing fee, but if you can't afford to pay, don't worry. If you meet the income guidelines, a judge will sign an order eliminating all fees for the duration of the case. Following the filing, you need to serve the papers on the "defendant" the other spouse by having them delivered. You can still settle everything later. If that happens, the defendant will be in default either 21 days from the date of personal service if a sheriff or process server handed over the papers or 28 days from the date of service by mail.
The plaintiff can then schedule a final hearing. The plaintiff must attend the final hearing. The judge will have some brief questions about the settlement, but if the judge thinks the agreement is fair and everything is in order, he or she will sign the final divorce decree.
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Alimony Divorce and Property. Uncontested Divorce in Michigan. Learn about the uncontested divorce process in Michigan. What is an Uncontested Divorce in Michigan? An uncontested divorce simply means that both spouses agree on all the key terms of the divorce, including: The divorce can end with a written settlement agreement, if you and your spouse can agree on all the terms of the divorce.
Attend the final divorce hearing The plaintiff can then schedule a final hearing.She's Not Divorced Yet?
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