How does a divorce work in the state of Michigan?

The parties to a divorce remain married until a final Judgment of Divorce is entered, resolving all of the issues in the divorce, and the court case is ordered to be closed. Just filing for divorce does not divorce you. A remarriage that occurs before a final judgment of divorce is entered is void and subject to annulment.

Can You Survive divorce after 25 years of marriage?

You really can survive divorce after 25 years of marriage. Expect to not just survive, but to thrive! Had the children still been dependent on you, you would at least have had to drag yourself out of bed in time to tend to their needs.

What is considered marital property in Michigan divorce?

Pensions and retirement benefits that are acquired during a marriage are considered marital property and subject to Michigan’s equitable distribution laws during a divorce.

Can a domestic violence case cause a divorce in Michigan?

Because Michigan is a no-fault state, domestic violence is not cited as a reason for divorce, but it can still have a big impact on aspects of the divorce. If domestic violence can be documented, the abuser may not be allowed any child custody privileges, or visitation may be granted but on a severely restricted and supervised basis.

Can a spouse file for divorce first in Michigan?

No, from a legal perspective, it does not matter who files first for divorce in Michigan. However, filing first does present an opportunity for the initiating party to request various orders to the court before your spouse is notified of the divorce proceedings.

How is marital property divided in a Michigan divorce?

Michigan divorce laws regarding division of assets classify property as either “marital” or “separate”. Generally, marital property is subject to distribution while separate property isn’t. When dividing property, the first thing courts need to determine is which one of those categories property items fall into.

How long does it take to get a divorce in Michigan?

The length of your divorce will depend greatly on how contested the issues in your divorce are. Every divorce in Michigan has a 60-day waiting period, and a divorce with minor children has a 6-month waiting period. Related Article: How Long Will My Divorce Take?

When to get a divorce after 25 years of marriage?

Divorcing After 25 Years of Marriage. Much like divorce after 20 years, marriages ending after 25 years will center around issues related to children and finances. Divorce after 25 years most likely means at least one of your children is in college.

Can a spouse get spousal support in Michigan?

They can be ordered for a number of reasons, including one spouse being a stay-at-home parent for the majority of the relationship. These payments are often referred to as spousal support, and they’re designed to help meet a financial need of the disadvantaged spouse. Two basic types of alimony can be ordered in Michigan.

What to do if you cannot serve your spouse in Michigan?

If you cannot serve your spouse, you can ask for a continuance of the summons, up to one year. You can also ask the judge for permission to use an alternate form of service by filing a motion before the summons expires. At what point during the process can a spouse remarry or start dating in Michigan?

What kind of alimony can I get in Michigan?

Two basic types of alimony can be ordered in Michigan. The first is temporary alimony, which is issued between the time that spouses file for divorce and the finalization of the divorce.

When to elect a surviving spouse in Michigan?

The election must be made within 63 days after the date for presentment of claims or within 63 days after service of the inventory upon the surviving spouse, whichever is later.

Where is the highest divorce rate in Michigan?

We crowned the divorce capital of Michigan the place with the highest incidence of divorcees, Alpena. And if you’re trying to avoid divorce, check out East Lansing, the city with the lowest divorce rate in Michigan.

Do you have to prove infidelity to get 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.

What’s the waiting period for divorce in Michigan?

Divorces that involve minor children have a 6-month waiting period. After the mandatory waiting periods, a final judgment of divorce can be entered when the parties reach agreement or after a trial by a judge.

Where are the divorce papers kept in Michigan?

The earliest records of divorce were recorded in the supreme court. Later divorce papers are usually kept by the clerk of the circuit, chancery, or county court. The Family History Library has few divorce records for Michigan. Many divorce and other vital records have been abstracted and published in genealogical periodicals.

Where was the first divorce recorded in Michigan?

Port Huron, St. Clair, Michigan was a Gretna Green for couples from Ontario, especially Lambton County. Arlene H. Eakle, “Have you searched and searched for a marriage without finding it?” (accessed 8 January 2011). The earliest records of divorce were recorded in the supreme court.

Can a Michigan judge award an asset during a divorce?

Under Michigan divorce law, if a party intentionally fails to disclose an asset, the Judge can award that entire asset to the opposing party, even if the asset is discovered after the Judgment has been entered and the divorce is final. 9. During and after Discovery, the parties will attempt to reach a settlement.

How to get an amicable divorce in Michigan?

In an amicable divorce, we encourage our clients to have their spouse sign an Acknowledgement of Service. Being served with divorce papers by a process server can frequently be viewed as an hostile act and we prefer to use this method only when a spouse is uncooperative or the situation is not amicable.

Can a judge change the spousal support order in Michigan?

Judges may modify spousal support orders in Michigan. But the right to ask for a change in spousal support is a right that can be waived (given up). When spouses include a statement in the divorce judgment saying that the spousal support provision is binding and nonmodifiable, they have both waived their rights to ask for a change.

Is it legal to cohabitate in the state of Michigan?

Unsurprisingly, the law does little to protect the interests of cohabitating individuals who decide against marriage. However, Michigan does recognize certain contractual agreements arising out of cohabitation.

What happens if you live together in Michigan?

It may come as a surprise, but according to the Michigan Penal Code, “ [a]ny man or woman, not being married to each other, who lewdly and lasciviously associates and cohabits together… is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00.”

What do you need to know about divorce in Michigan?

Divorce Process 1 Bifurcation of marital status. Bifurcation means that both parties in a divorce can legally divide their divorce into two stages. 2 Disclosing Assets. Michigan law is simple and straightforward when it comes to disclosing assets in a divorce. 3 Spouse’s Default.

Is it illegal to hide assets in a Michigan divorce?

Michigan law is simple and straightforward when it comes to disclosing assets in a divorce. It is illegal for one spouse to hide marital assets to the detriment of the other. To achieve a full and equitable division of assets, all marital property and all separate property must be disclosed by both parties.

Can a spouse move out of state with the kids?

I have seen spouses use the trick of moving out of the state with the children very effectively to the detriment of the other spouse during a Texas divorce. However, in some cases, this move can backfire and a judge will grant custody of the children to the other spouse because of what the court believes to be wrongful conduct.

Can a wife move back in if the divorce is not?

If your wife has custody of the children, she might also be allowed to return and raise and support the children there. Regardless of the reason your spouse left the marital home, they may be able to return. That doesn’t mean it will be easy or comfortable but, until the divorce is final, your wife may return to the home.

Can you get a divorce if your spouse lives in Michigan?

You can file where your spouse lives. Michigan has “no-fault” divorce. No-fault means that you don’t have to prove cheating, cruelty, or anything else to get a divorce. 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.

Why is moving out the biggest mistake in a divorce?

Here is a typical scenario our Cordell & Cordell attorneys hear during initial consultations all the time: The wife comes to them with the bombshell that she wants a divorce, tells the husband that he needs to find a place to stay for a while and in a daze, the husband packs an overnight bag and leaves the home with his tail between his legs.