Michigan Family Law Resources

Family law issues can be emotionally taxing, especially for men and fathers who are often disadvantaged in family court. Whether you are dealing with divorce, custody, alimony, or any other family law issue, having an experienced Michigan family law attorney is vital.

Read through our Michigan divorce and child custody articles to gain a better understanding of the road ahead. Knowing what to expect offers an advantage when it comes to planning for the process and communicating with your lawyer.

• Detroit Fathers’ Rights
• Troy Fathers’ Rights
• Ann Arbor Fathers’ Rights
• Michigan Divorce Laws FAQ
• Maintenance in Michigan

Michigan Divorce Process

Divorces in Michigan fall into two categories: those involving the Friend of the Court and those that do not. The Friend of the Court is an agency-like body that assists the Family Division of the Circuit Court with child custody and parenting time, child support, and (depending on the county) spousal support.

Each county has the authority to establish how its Friend of the Court operates, but in general, the Friend of the Court makes recommendations regarding custody, parenting time, spousal support, and child support for the Court’s review and consideration. The FOC also assists the Court in enforcement and offers mediation services.

A divorce without children requires a 60-day waiting period, and a divorce with children requires six months. Any divorce in Michigan cannot be entered until sixty days after the filing of the Complaint for Divorce.

Related Article: How To Respond To Being Served Divorce Papers

Michigan Residency Requirements

To obtain a divorce in Michigan, one of the parties must have resided in Michigan for at least 180 days and in the county in which he or she files for divorce for at least ten days prior to filing.

Related Article: Is Michigan a Community Property State?

Grounds for Divorce in Michigan

Michigan is a no-fault divorce state. The complaint for divorce need only allege 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 the marriage can be preserved. Fault is sometimes relevant in child custody, spousal support, and property distribution.

Michigan Property Division Process

“Equitable distribution” governs property division in Michigan. The court starts with the presumption that the parties should each receive a “roughly congruent” share of the marital property.

Marital property is any property (including debt) acquired during the marriage (from any source) and not property acquired before the marriage or passive increases in the value of that property.

The court considers several factors:

• The length of the marriage
• The parties’ needs
• Age
• The value of the property
• Fault

Fault is, in general, relevant if the fault that caused the breakdown of the marriage is related to marital property (e.g., your spouse had a gambling habit and, as a result, acquired substantial debt by refinancing your marital home).

The court may also invade each party’s separate property if the other party contributed to the increase in value of that property or if the other party “needs” a share of the property, using the same multi-factored analysis. Note that while invasion can happen, it is not common.

Related Article: Divorce Tips For Men: What To Do With The House

Michigan Child Custody Laws

Michigan custody has two components: legal custody and physical custody. Usually, the parties share legal custody, which involves the power to make important life decisions for the child, such as educational and medical decisions.

• Physical custody is the actual possession and time with the child. Because the term physical custody suggests that the other parent has no time with the child, courts increasingly call physical custody “allocation of parenting time.”
• Legal custody is the ability to make decisions about the child, such as their health care, education, religious teachings, etc.

Any custody decision must consider the 12 best interest factors:

• The love, affection, and other emotional ties existing between the parties involved and the child
• The capacity and disposition 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 or creed, if any
• The capacity and disposition of the parties involved to provide the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs
• The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity
• The permanence, as a family unit, 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 records of the child
• The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference
• The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively, for the purposes of this factor, any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent.
• 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.

Related Article: Michigan Child Custody Questions

Michigan Child Support

Child support is based on the Michigan Child Support Formula (MCSF). The MCSF calculates support using each parent’s income and overnights with the child, with credit given for child care and health care costs.

The Friend of the Court utilizes a computer program with the MCSF to calculate each party’s support obligation, if any. Either parent may ask to deviate from the formula amount if it is “unjust or inappropriate.” Parties may opt out of the Friend of the Court system but should only after a thorough consultation with an attorney. Note that while the parents can agree to modify or temporarily withhold child support under certain circumstances, they are not permitted to permanently end child support, as the order is ultimately for the child’s rights, not the parents’.

Related Article: Michigan Child Support Laws – FAQs

Michigan Spousal Support

Alimony in Michigan is called “spousal support.” The court may award temporary spousal support during the divorce process while rehabilitative or permanent support is awarded after the final decree if necessary.

There are several strategies you can use to reduce your exposure to spousal maintenance in Michigan:

• Reduce your current household expenses.
• Establish a precedent of your ex supporting her own needs with little support.
• Help your ex get a better job or education.
• Do not participate in marital misconduct.
• Hold off on finalizing the divorce if income is trending down to use a lower income in calculating alimony.

Related Article: Spousal Support, Spousal Maintenance and Alimony

Why Work With Cordell & Cordell

Cordell & Cordell focuses on advocating for men and fathers who are too often ignored by the family court system. We offer a history of success from highly experienced attorneys who are familiar with Michigan’s unique family law standards inside and out. With our communicative attorney-client relationship and an aggressive approach to court hearings, you can confidently approach your family law issue in Michigan. Take a look at what some of our previous clients had to say about our services.

Client Experiences

“First and foremost, Frank was an exceptional person to have worked with me on my case. He not only explained everything regarding strategies and how to proceed in great detail, he let me choose my path under his guidance, and I was 100% satisfied with the outcome.” — James T.

“If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and are professionally unmatched!!” — Jeffrey M.

Giving Michigan Fathers & Husbands a Voice

Cordell & Cordell is a national law firm with experience across the country, including family attorneys who operate in Michigan. We focus on helping men and fathers with family law issues, and we will put that experience to work for your case. Get in touch with our team at 866-DADS-LAW or by filling out our online contact form to schedule an initial consultation.