Domestic Issues

A divorce ends a valid marriage, whereas an annulment declares a marriage null and void, as if it never existed. Annulments are generally granted under specific circumstances, such as fraud, bigamy, or lack of consent.

When joint custody is awarded by the court, a statement indicating when the child will reside with each parent may be included, or the court may decide to share custody in a manner that maintains consistent contact with both parents. In cases where the parents agree on joint custody, it will be granted unless the court determines, based on evidence, that joint custody is not in the child's best interests. In all custody disputes, the court will define the child's rights and establish responsibilities regarding custody, support, and parenting time.

The filing fee for a divorce in Michigan varies by county. It's advisable to check with the local court clerk's office to determine the exact filing fee for your case.

When parents are in agreement, custody terms can be established through a parenting agreement or mediation. However, if custody is contested, a child custody order from a Michigan judge is necessary. The judge's aim is to determine custody that is in the "best interests of the child." Michigan courts consider various factors when deciding child custody, including those outlined in the state's statutes. These factors, considerations, and presumptions guide the court in making custody decisions.

Michigan utilizes a list of statutory factors to assess custody orders. These factors may encompass the child's age, living arrangements of each parent, history of abuse or neglect, and more. The court might also consider other factors depending on the unique circumstances of the case.

Yes, Michigan is a no-fault divorce state. This means that a spouse seeking a divorce does not need to prove fault or wrongdoing by the other spouse. Instead, they can simply state that the marriage has broken down irretrievably and that there is no reasonable chance of reconciliation.

The time it takes to get a divorce in Michigan varies depending on factors such as court caseload, complexity of the issues, and whether both parties agree on terms. In general, a simple, uncontested divorce can be finalized within a few months, while more complex cases may take longer.

To file for divorce in Michigan, at least one spouse must have lived in the state for at least 180 days and in the county where the divorce is filed for at least 10 days prior to filing.

Michigan does not have a formal legal separation process like some other states. However, spouses can draft and enter into separation agreements that address property division, child custody, support, and other matters while they live apart.

Yes, Michigan allows incompatibility as grounds for divorce. Incompatibility refers to the breakdown of the marital relationship due to differences and conflicts that cannot be resolved.

Michigan does not have any specific waiting period for remarriage after a divorce. Once the divorce is finalized, either spouse is free to remarry immediately if they wish.

While Michigan is a no-fault divorce state, it is still possible to file for divorce on fault-based grounds, such as adultery, cruelty, abandonment, or imprisonment. However, most divorces in Michigan are filed under the no-fault option due to its more straightforward process.

Michigan grants statutory authority for the appointment of a guardian ad litem or attorney to represent the child in custody cases. This individual advocates for the child's best interests, investigates the family situation, and advises the court on the custody arrangement that serves the child's well-being.

Michigan courts favor awarding custody to cooperative parents who are willing to collaborate on child-related matters such as visitation, scheduling, and support. Co-parenting is viewed as being in the child's best interests, and the courts prioritize parents who are willing to cooperate rather than those who seek to alienate the child from the other parent.

Michigan laws explicitly allow the consideration of domestic violence in relation to child custody. This could mean that domestic violence is a statutory factor in custody decisions, the court may have a presumption against custody for abusers, or special procedural measures are taken in cases involving domestic violence.

Michigan judges have the authority to order either joint or single-parent custody when resolving custody disputes. However, the court doesn't automatically presume joint custody as the preferred option. Instead, the judge evaluates the specifics of the case to determine the custody arrangement that serves the child's best interests.

Yes, living separate and apart for at least 180 days is one of the grounds for a no-fault divorce in Michigan. However, if both spouses agree to the divorce, the separation period can be reduced to 60 days.

In a no-fault divorce state like Michigan, one spouse cannot prevent the other from seeking a divorce. If one spouse is unwilling to participate in the divorce process, the court can still proceed with the divorce and issue a judgment.

In Michigan, the court does take the child's reasonable preferences into account when deciding custody. The child's age, maturity, and judgment may influence the weight given to their custody preference.