Frequently Asked Michigan Divorce Questions

Q. Who can file for divorce in Michigan?

A. One of the spouses must have been a resident of Michigan for at least 6 months and in the county for 10 days  immediately before filing for divorce. 

Q. What are the grounds for divorce in Michigan?

A. Michigan has no-fault divorce based on the grounds that "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. 

Q. Can a divorce be granted if the respondent's whereabouts are unknown?

A. If the filing spouse has made a 'good faith effort' to locate the missing spouse, and can swear under oath and  penalty of perjury that they do not know the current whereabouts of the respondent and have made an effort 
to locate them, the missing respondent can be 'served' by publication of a notice in a local newspaper. 

Q. What are the fees filing for divorce in Michigan?

A. Each county in Michigan sets its own fees for filing legal documents. The filing fee for divorce is generally in the range of $65. If service is made to the respondent by a sheriff or process server, there is an additional fee 
for service of approximately $25. You can call the clerk at the courthouse and find out the exact fees for that  county. 

Q. How is property divided in a divorce in Michigan?

A. Michigan is an "equitable distribution" state, generally meaning that all marital property acquired during the  marriage is subject to division. Property brought into the marriage i.e. that a person had before the marriage are not subject to division in a divorce. 

Q. How are marital debts divided in a divorce in Michigan?

A. Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during  the divorce process, and close all of their joint accounts. 

Q. Does Michigan have Alimony?

A. Yes. Alimony may be awarded to either spouse for their support and maintenance after the divorce. It is  based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the 
other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony  (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. Alimony may 
be paid in a lump sum payment of money or the award of some property. 

Q. Are there guidelines for custody of children in Michigan?

A. Most parents agree about the custody, child support, and visitation issues relating to their children. Joint  custody arrangements have become common place and in some states the "norm" in determining the care, 
custody and support of children. If the parents are unable to 'work it out', a judge will ultimately decide these  issues for the parents. 

Q. How is Child Support determined in Michigan?

A. Michigan, like all other states, has guidelines for determining the amount of child support to be paid. The  guideline amount is presumed to arrive at an amount of support that is in the child's best interest. If the  parents are unable to agree to an amount of child support, the court will determine the amount of support  based on the Child Support Guidelines. . 

Q. What about medical insurance for the children? 

A. A determination as to who is going to provide medical health care insurance for the children and how any  uninsured medical expenses shall be paid between the parties is typically part of the parties' marital 
settlement agreement during the divorce process. If medical insurance is available through a parent's  employment, they are required to cover their children through the plan. 

Q. Agreed Divorce

A. In an agreed divorce, one spouse files the papers at the local court house and gives the other spouse a copy of the filed divorce papers. That spouse then signs a waiver of official service of citation which basically  acknowledges that they have received a copy of the divorce papers and that the divorce may proceed without  them having to do anything else or even having to appear at the final divorce hearing.

Q. Default Divorce

A. In a default divorce, only one spouse (the one filing the divorce) is required to sign anything. One spouse files the divorce papers. The other spouse is then notified by being delivered a copy of the divorce papers by the Sheriff, Constable or other authorized process server, (and in some states by certified mail). The spouse being "served" with the divorce papers is not required to sign anything. All that is required is proof that they were notified - not their consent. You cannot force someone to stay married to you.

Q. What if my Spouse is Missing?

A. If you don't know where your spouse can be found to be 'served' (notified), and you have made a good faith  effort to locate them, you can still get your divorce. Missing spouses can be 'notified' by:  
running a notice in a local newspaper.

Q. Can my spouse's lawyer represent both of us? 

A. Generally, it is a conflict of interest for an attorney to represent and advise parties to a divorce.

 

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