Divorce

If one spouse earns more income than the other spouse during a marriage, then the court may order the higher wage earner to support the lower wage earner after a divorce.  This is called spousal support in Michigan but it is in reality alimony.  A surprisingly large amount of people believe that alimony is dead and are shocked when they appear in court and the judge orders them to pay spousal support.  Michigan alimony attorneys can help either spouse to ensure that the amount of spousal support he or she is paying or receiving is appropriate under the law on an interim and "permanent" basis.   

How is Spousal Support (Alimony) Calculated in Michigan?

Michigan courts determine alimony based upon a list of factors that the court is required to consider and weigh when fashioning an appropriate amount and duration of the obligation.

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Gray divorce (also called grey divorce) is when adults age 50 and older dissolve their marriages. Because the baby boomer generation is now in this age range, a substantial number of people are seeking gray divorces. Our
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Justin Bieber Has At Least These Four (4) Things To Worry About Because He Did Not Get A Prenup

Justin Bieber married Hailey Bladwin but they did not sign a prenuptial agreement before the wedding.  Some publications now claim that sources say Mr. Bieber is concerned about this oversight.  I can immediately point out four (4) very serious areas of concern for Mr. Bieber but it is too late for him to protect himself.

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In many divorce cases, both spouses agree that the marriage is broken, but they may argue about the details of the divorce. However, there are cases in which one spouse is taken by surprise by a divorce action. Some spouses may want to reconcile; therefore, they may ignore the divorce papers.

In other cases, a spouse may ignore divorce papers because he or she simply does not want to deal with the situation or is controlling and abusive. If your spouse ignores your divorce papers, it is helpful to seek the advice of an experienced
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Will A Court Enforce A Contract To Pay Money To Get Married?
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How Could The Divorce Court Fail to Change Custody In This Case?

The issue of custody is one of the most difficult that a court must handle in divorce cases.  The initial decision to grant custody to one parent, the other parent or to both parents is based upon the child's "best interests".  The "best interests" of the child is actually a set of factors listed in Michigan statutes that have been enacted by the legislature.  Once the court has decided the issues of custody, it as well as parenting time and child support can be modified until the children become adults.  In order to modify the custody however, a person has to prove to the court's satisfaction that there has been a significant change in circumstances that seriously effects the child's life.

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Terminating Alimony In Michigan Can Be Difficult (But Not Impossible)

Many people seem to believe that alimony (aka spousal support) is no longer awarded in divorce cases.  This is wrong, alimony is alive and well and can be granted in any case where there is an income disparity.  There are very basically two types of alimony, modifiable and non-modifiable.  Non-modifiable alimony is relatively new in comparison and can only be ordered by the court in cases where the parties have reached an agreement that specifically states that the support will be non-modifiable and that the parties waive their rights to modifiable alimony.  Modifiable alimony is the type of alimony that exists in all other cases where support is ordered by the court.

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Mediation can often produce a more satisfactory agreement during a divorce proceeding than allowing a judge who does not know your family to make decisions for you. However, mediation may not work for every couple. There are certain cases and situations in which mediation may not be productive or cost-effective. Our
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What Should I Do If I Am Served With Divorce Papers?

Court rules allow several ways for one spouse to serve the other spouse with divorce papers.  First, the spouse may mail the paperwork, however this does not count as valid service unless it is done through certified mail, receipt restricted to the recipient spouse and the recipient signs for it.  Second, the spouse may have the paperwork personally served on the other spouse by a professional service agent or law enforcement agent.  Third, the spouse may serve the other spouse's attorney, provided that attorney has entered a formal "appearance" in the divorce case.  Finally, if the spouse is not able to locate the other spouse or the other spouse is avoiding service, the court may order alternate service by posting or publication in a legal newspaper.

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What Are "Grounds For Divorce" In Michigan?

Michigan is a "no-fault" divorce state.  This means there is only one grounds for divorce in this state based upon the family law statutes.  The legal ground for divorce in Michigan is specifically as follows "there has been a breakdown of the marriage to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved".  In fact, this is the only ground that a person filing for divorce (the plaintiff) is allowed to state in the Complaint for Divorce (the main document that one must file in order to start a divorce proceeding). 

The statute further states that the plaintiff is not allowed to provide a statement involving the graphic details behind the breakdown.

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What Happens to Debt In A Divorce?

The division of marital debt is included in the property division of the judgment of divorce.  In general, debts are treated as negative assets in valuing an overall property award and courts typically allocate them according to the same equitable principles that govern property division in general.

First, the court or the parties (the married couple getting divorced) have to determine whether the debt is separate or marital.  Almost all debt incurred by either party during the marriage are considered marital debts, regardless of which party incurred the debt, even in cases where the other party may not have agreed with or directly benefited from the debt.  There are certain exceptions such as student loan debts and others regarding wrong doing (such as unreasonable gambling debts, debts incurred pursuing an affair and debts related to criminal activity).

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