A Few Divorce Guides

Divorce in Michigan.

While the decision to divorce can be challenging, the essential documents needed to file for divorce in Michigan are straightforward. Most divorce cases in Michigan demand specialized attention. A simple "form divorce" might be appropriate for a short-term marriage without children or assets to divide. However, more complex cases require special consideration.

What is "No-Fault"?

The Michigan no fault divorce law is found in

 Michigan Compiled Laws Section 552.6. Section (1) of the Michigan no-fault divorce law provides that a divorce shall be granted upon the allegation that:

In Michigan, it's unnecessary to claim a "ground for divorce," unlike some other states, or past requirements. In the past in Michigan, you could not get a divorce without asserting some grounds warranting a dissolution of the marriage instead, one need simply assert:

. . .there has been a breakdown of 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.Michigan no-fault divorce statute – MCL 552.6(1)

Jurisdiction

To file for divorce in Michigan, at least one party must have been a resident of the state for at least 180 days. This is a jurisdictional requirement. The jurisdictional residency requirement is outlined in

 MCL 552.9 .

How is Property Divided?

Michigan divorce laws provide as  a general rule, courts are only concerned with property acquired during the course of the marriage, or the gains in value of during the marriage. For instance, the increase in equity on a home owned by one spouse before marriage could be subject to division. (See: Byington v. Byington).  While property is usually divided equally, there is no hard rule that it will be (See: Sparks v. Sparks), however, property division should be fair.

Some resources for Custody information.

Michigan child custody laws provide the legal and practical manner parents exercise their parental rights.

Michigan Child Custody laws are found in the Child Custody Act of 1970 as amended in Michigan Compiled laws section 722.21.

Michigan Compiled Laws section 722.25(1):  Custody battle between a parent and a third party gives priority to the parental presumption.

(UCCJEA) governs interstate custody disputes

Michigan Compiled Laws section 722.27(1)(c): A court cannot enter a new custody order or amend an existing order without first determining if there is an established custodial environment.

Michigan Compiled Laws section 722.27:  If an established custodial environment exists, a change can be made only on clear and convincing evidence that the change is in the best interest of the child.

Vodvarka v. Grasmeyer (2003) 675 N.W.2d 847, 259 Mich.App. 499., To establish a “change of circumstances,” under Child Custody Act provision requiring party seeking change in custody to first establish proper cause or change of circumstances, a movant must prove that, since the entry of the last custody order, the conditions surrounding custody of the child, which have or could have a significanteffect on the child’s well-being, have materially changed; the evidence must demonstrate something more than the normal life changes, both good and bad, that occur during the life of a child, and there must be at least some evidence that the material changes have had or will almost certainly have an effect on the child. Vodvarka v. Grasmeyer (2003) 675 N.W.2d 847, 259 Mich.App. 499. Child Custody  555

Parenting Time

Parenting time or visitation is akin to child custody and refers to how often a child spends time with each parent. We encourage you to explore our knowledge base.

If the child's parents can reach an agreement on parenting time terms, the court will issue an order based on that agreement unless it poses a risk to the child.

(See MCL 722.27a(2)). However, if the parents of a child cannot agree on parenting time terms, the court will decide.

Parenting time in Michigan – The rules.

Parenting time is governed by the Child Custody Act of 1970 – MCL 722.27a, which provides in pertinent part that:

(1) Parenting time shall be granted in accordance with the best interests of the child. It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents. Except as otherwise provided in this section, parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time.

The best interest of a child is a legal term of art used in both custody and parenting time cases. However, the parenting time statute provides a more detailed list of factors to be considered by the court such as:

(a) The existence of any special circumstances or needs of the child.(b) 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.(c) The reasonable likelihood of abuse or neglect of the child during parenting time.(d) The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time.(e) The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time.(f) Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order.(g) Whether a parent has frequently failed to exercise reasonable parenting time.(h) 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.(i) Any other relevant factors.

Under Michigan Compiled Laws Section 722.27a(5), either party can request a specific schedule for reasonable parenting time in Michigan. Additionally, MCL 722.27a(6) defines what reasonable parenting time entails, which may include transportation costs for the child, supervision, designated times, a bond to ensure compliance, and reasonable notice if parenting time in Michigan is canceled.