Divorce is a formal legal process that permits a married couple to permanently and lawfully end their marriage. Navigating the complex steps involved in a divorce can be challenging, as several legal matters and concerns often arise during the procedure. Each state has laws and requirements regarding divorce, including filing and other necessary steps.
Alimony or Spousal Support Payments
Scenario: John and Jane were married for 15 years. John was the primary breadwinner during that time, while Jane was a stay-at-home parent. After their divorce, the court might order John to provide Jane with spousal support to help her adjust to her new financial situation and maintain a similar standard of living. The support may be temporary or permanent, depending on various factors such as Jane’s ability to become self-sufficient, the length of the marriage, and each party’s contribution to the marriage.
Child Support
Scenario: Tom and Tina have two children, aged 8 and 12, and are getting a divorce. The court will likely order one parent, usually the non-custodial parent, to pay child support to help cover the costs of raising the children. Each parent’s income typically determines the amount of support, the children’s needs, and the time each parent spends with the children.
Child Custody
Scenario: Sarah and Sam are divorcing and have a 5-year-old daughter, Emma. They cannot agree on who should have primary custody of Emma. In such a case, the court will determine the custody arrangement based on the child’s best interests. Factors considered may include the child’s age, each parent’s ability to provide a stable environment, the child’s relationship with each parent, and the child’s preference if they are of suitable age and maturity.
Visitation Rights
Scenario: After their divorce, Chris has primary custody of their 9-year-old son, Liam, while Casey has visitation rights. The court will establish a visitation schedule to ensure Liam has regular contact with both parents. The schedule may include weekends, holidays, and summer vacations. When creating the visitation plan, the court may also consider any special circumstances, such as the parents’ work schedules or the child’s extracurricular activities.
Division of Property, Assets, and Debts
Scenario: Laura and Luke are divorcing after a 20-year marriage. During the marriage, they acquired a house, two cars, retirement accounts, and other assets and incurred debts such as a mortgage and credit card bills. In Michigan, a property division state, the court will strive to divide the marital property and debts equitably (fairly) between the spouses. This process does not necessarily mean a 50/50 split but rather a distribution based on factors. This includes each spouse’s contributions to the marriage, the length of the marriage, and each spouse’s future financial needs.
Other Concerns
Scenario: During their marriage, Kelly and Kevin adopted a dog, Bailey. In their divorce, they disagree on who should keep Bailey. The court may treat pets as property and decide on their ownership based on factors like who primarily cared for the pet, each party’s ability to provide a suitable home, and any pre-existing agreements regarding pet custody. Sometimes, the court may even consider the pet’s well-being when deciding.
How Does the Divorce Process Start in Michigan?
The divorce process in Michigan typically commences once the petition is filed and the filing fee is paid at the circuit court. The clerk will then stamp and file the petition. After the petition is filed, the non-filing spouse is served with it (meaning the petition is officially delivered to the other spouse).
Remember that Michigan has a 60-day waiting period following the divorce filing. If minor children are involved, the waiting period extends to 6 months.
The process may take even longer if both spouses disagree on any terms. In such cases, the court may need to make additional adjustments and require submitting other documents or forms, prolonging the overall divorce process.
What Should I Do If I Am Served with Divorce Papers in Michigan?
The spouse served with divorce papers has 21 days to file a response with the circuit court. If no response is filed, the spouse is considered to have defaulted, and a default judgment will be issued. In general, if one party defaults, they will not have a say in matters like spousal support, child custody and support, and property settlement terms.
What Should I Expect After Michigan’s Mandatory Waiting Period Is Complete?
In Michigan, divorcing spouses have the option of a trial or settlement. In a divorce trial, a judge determines issues such as child support and property division, typically necessary when spouses cannot agree on a specific matter.
A settlement agreement may be used to finalize the divorce terms when the parties can reach an agreement independently without significant court intervention. However, disagreements or conflicts between spouses are common, so settlement agreements may not always be suitable or feasible in all divorce situations.
Alternatively, the parties can utilize a third-party mediator to facilitate smoother divorce negotiations. The mediator assists the parties in cooperating and communicating effectively to reach a workable divorce agreement and terms.
Will I Be Required to Pay Spousal Support If I Divorce in Michigan?
Spousal support, also known as “alimony,” may be ordered by the court in some cases, typically when there is a significant financial disparity between the spouses. Spousal support helps the non-paying spouse meet their living requirements after the divorce is finalized, but it is not ordered in every divorce case.
Factors considered when determining spousal support amounts include:
- The financial earnings of each party;
- The presence of a substantial gap between the assets and funds of the parties;
- Instances of fault or wrongdoing related to the divorce; and
- Various other factors include whether either spouse has dependents or will be living with a new partner.
Do I Need an Attorney If I Am Filing for Divorce in Michigan?
Divorce proceedings can be highly complex and often involve numerous legal issues. It is strongly recommended to hire a Michigan divorce lawyer if you plan to file for divorce. An attorney in your area can help you understand your rights and represent you throughout the divorce process. With the assistance of a divorce attorney, you will have the best chance to obtain the assets you are entitled to.
How Can LegalMatch Help?
LegalMatch is an online legal matching service that connects clients with qualified attorneys. Using LegalMatch, you can quickly and easily find Michigan divorce lawyers who specialize in the specific legal issues related to your case.
To start with LegalMatch, you must complete an online form describing your case. The information you provide will be reviewed, and you will be matched with several qualified Michigan divorce lawyers in your area. You can review each attorney’s profile, including their experience, education, and fees, and choose the one that best suits your needs.
By using LegalMatch, you can save time and money by quickly finding a qualified Michigan divorce lawyer who can help you navigate the legal issues involved in your case.
