Divorce Law

To start a divorce in Macomb County, one spouse must file a Complaint for Divorce with the Macomb County Circuit Court – Family Division. At least one spouse must have lived in Michigan for 180 days and in Macomb County for at least 10 days before filing. Once filed, the complaint must be legally served on the other spouse.

The length of a divorce depends on whether children are involved and whether the case is contested. Michigan law requires a 60-day waiting period for divorces without children and a 6-month waiting period if minor children are involved. Contested cases can take more than six months to resolve, depending on complexity and issues involved.

Many divorces are resolved through negotiation or mediation without a full trial. However, at least two to three court appearances are usually involved during the process. If there are disputes over custody, support, or marital property, court involvement becomes more likely and the case becomes more protracted.

Yes, Michigan is a no-fault divorce state, meaning you do not have to prove wrongdoing. You only need to state that the marriage has broken down to the point that there is no reasonable likelihood it can be saved.

Michigan uses equitable distribution, meaning marital property is divided fairly, but not necessarily equally. The court considers factors such as the length of marriage, each spouse’s income and contributions, and the needs of each party when dividing assets and debts.

The marital home may be sold, awarded to one spouse, or retained temporarily depending on factors such as equity, finances, and whether minor children are involved. There is no one-size-fits-all outcome, and each option carries legal and financial implications.

Item descriptionChild custody decisions are based on the “best interests of the child”. The court evaluates based on the following factors as follows:

1. The love, affection and other emotional ties existing between the parties involved and the child.

2. The capacity and disposition of the parties involved to give the child love, affection and guidance and continuation of the educating and raising of the child in its religion or creed, if any.

3. 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.

4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

5. The permanence, as a family unit, of the existing or proposed custodial home or homes.

6. The moral fitness of the parties involved.

7. The mental and physical health of the parties involved.

8. The home, school, and community record of the child.

9. The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.

10. The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

11. Domestic violence, regardless of whether the violence was directed against the child.

12. Any other factor considered by the court to be relevant to a particular child custody dispute.

Child support is calculated using the Michigan Child Support Formula, which considers income, parenting time, healthcare costs, childcare expenses, and other financial factors. Courts typically follow the formula unless there is a valid reason to deviate. description

Spousal support is not automatic. Courts consider factors such as the length of the marriage, income disparity, earning potential, age, health, and standard of living during the marriage. Support may be temporary or long-term depending on the circumstances.

This is an important decision that should be made carefully. Moving out too early can affect custody, property rights, and temporary court orders. It’s often best to speak with a divorce attorney before making this decision.