Frequently Asked Questions
How long does it take to get divorced in Michigan?
Michigan courts follow statutory guidelines in determining minimum waiting periods for divorces. For divorces with children the statute requires that the parties wait 180 days from the filing of the divorce. The waiting period may be waived depending on your court and situation. There is a 60-day waiting period for divorces without children.
Can I avoid trial to resolve my marital issues?
Yes! Divorcing couples can avoid trial by coming to a settlement. Mediation is also an option. Mediation is a very useful tool for divorcing parties. Trial as a last resort to end a marriage.
How is child support determined in Michigan?
The Michigan Child Support Formula is used to determine child support. Generally, the formula factors the number of children, income of the parties, and overnights. This is not a complete list of factors used to determine child support. Speak with an attorney to discuss your child support options.
Can the parents determine their own child support award?
Yes. If both parents consent to deviate from the child support formula, the parties can come to their own agreement regarding child support. However, there are requirements that must be satisfied to deviate from the formula.
How is spousal support determined in Michigan?
Spousal support is awarded to a party that is in need of support form the other party. There are many factors regarding the duration and amount of support awarded. Speak with an attorney to discuss your spousal support options.
How is custody determined in Michigan?
Michigan courts are required to rule in the best interest of the children. Your court will look closely at the situation of the parties. The court will look at the best interest factors located in MCL 722.23. Custody determinations will have a lasting impact on you and your children. This is a very complex area of law that requires strict analysis. Speak with an attorney regarding your custody rights.
How is parenting time determined in Michigan?
Parenting time is awarded to ensure that the non-custodial parent maintains a strong bond with the children. The court will consider the situation of the parties, best interest factors, and the court may use the Parenting Time Factors found in MCL 722.27(6).
How is property divided in Michigan?
The assets and debts that you acquire during the course of your marriage may be considered “marital property.” The assets and debts that you acquired before your marriage may be considered “separate property.” A Michigan Court will divide the marital property “equitably”. Under certain situations, a party’s separate property can be invaded by the other party. Speak with an attorney to discuss your property rights.
How do I remove a default judgment?
A party defaulted against must file the proper motion and request that the default judgment be lifted. If the court grants your motion to lift the default judgment, you may be subject to the other party's costs and expenses.