Divorce

No-fault refers to whether a “ground” is required to obtain a divorce. Each state enacts laws that define the requirements for obtaining a divorce in that state. It is important to understand the divorce laws before proceeding to protect your best interests during the entire divorce process. A Michigan divorce attorney can help you by explaining Michigan divorce laws, including no-fault divorces.

What are the Grounds for Divorce in Michigan?

Michigan is a no-fault divorce state.
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When a person gets divorced in Michigan there are often many issues that may include alimony, child custody, parenting time and child support but almost every case requires a division of property and debt.  When dividing property; the court will first determine whether the property is marital or separate.  Marital property will be subject to a roughly equal division, while separate property will remain the sole property of the spouse that owns the separate property.  Classification of property can be confusing. A 
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Q: Do children of divorce get divorced more often than children of intact marriages?

Couples considering getting divorced in North Oakland, Michigan or elsewhere understand that the divorce will be difficult on their minor children and likely expect initial transition difficulties. The disruption in their kids’ normal routine and going from one household to two – especially if it impacts their current school and social activities— could have a significant long-term negative impact.

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Leaving an abusive relationship can be one of the best decisions you can make. However, you need to protect yourself before, during, and after the divorce from domestic violence. Telling an abusive spouse that you want a divorce could make the situation more dangerous. A
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Michigan is considered a no-fault state for divorce matters. In no-fault states, parties can obtain a divorce without proving grounds or “fault.” For instance, in some states, you must prove one or more grounds for the divorce, such as adultery, abuse, or abandonment. In Michigan, you only need to state that you want to end the marriage to obtain a divorce.

Even though Michigan does not require grounds for a divorce, that does not mean that all divorces are uncontested.
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There are many issues that may come up after a divorce is finalized, these are called post-judgment issues by family law attorneys in Michigan.  When a post-judgment issue comes up, the most important thing to do is contact a divorce lawyer immediately to address the issues.  Judgments are not self-executing, that means that if one party does not do what he or she is supposed to do according to the orders of the court, no-one is going to make that person do it unless you take the matter back to court.

Common Post-Judgment Issues

There are several common post-judgment issues that may arise.  Custody, parenting time and child support are the most common because all of those may be changed after the divorce until the children reach age eighteen or, with respect to child support, nineteen and one-half if the child is still attending high school with a reasonable expectation of graduation.

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There are many issues that can come up in any divorce case.  One issue that is sometimes overlooked, is what to do about the family pets?  There can be a very strong emotional bond between the divorcing couple and their dogs or cats.  If there are children, some couples try to keep the pets in the same home where the children spend most of the time.  In some cases, one person may be moving to a new residence where he or she may not be able to have a pet and this resolves the issue, but what happens when each of the divorcing partners wants to keep the pet or pets?

In Michigan, pets, and all animals are treated as chattel or property, so unlike child custody, visitation or support, the pet's best interests will not be taken into account.  Technically, the pets could be divided along with the other property the parties must divide in the divorce or separation.

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In some divorce cases, the court has to go through the parties finances with a fine-tooth comb in order to sort-out what is the appropriate income to use for calculating alimony or child support.  In the recently decided case of Eubanks v Hendrix, Michigan Court of Appeals No. 344102, May 23, 2019; the appellate court found that the referee and the court in that case did not quite get far enough into the nitty-gritty of the parties finances.

While some items and expenses may be allowed as deductions for tax purposes, the same deductions are not always allowed when determining a person's income for alimony or child support.  In the Eubanks case, the mother questioned how the court calculated the father's income, particularly the deduction for his vehicle.
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When a parent is faced with a potential divorce, the biggest questions most parents have concern custody of the children.  However, the term custody has lost some of its meaning in Michigan.  Now the focus is more on what is called parenting time rather than custody.

​What is the Difference Between Custody and Parenting Time?

There are two types of custody in Michigan, legal custody and physical custody.  Legal custody regards decision making for the children about important issues in the children's lives like medical decisions, where the children go to school and religious upbringing.

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f you’re considering getting divorced in North Oakland, Michigan, you might have an idea about the issues you need to work out with your soon-to-be ex-spouse, but there may be unexpected issues, too.

Even if you don’t have the added emotional burden of working out child custody, visitation, and support for your minor children, virtually all divorcing couples have to address two questions: whether one spouse will pay the other alimony and how will the couple’s stuff get divvied up?

It’s best if couples can agree on who gets what, because if they can’t agree then a judge will decide. 

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Bankruptcy and divorce can sometimes play out simultaneously in a person’s life. Financial trouble is one of the leading causes of tension and arguments in a marriage. When a couple is contemplating both a divorce and a bankruptcy filing, which should come first?

Unfortunately, some couples may face foreclosure, repossession, wage garnishment, and debt collection lawsuits while they wait for their divorce to become final before filing for bankruptcy relief. Therefore, in some cases, a bankruptcy filing may be necessary before the divorce is final. However, filing a bankruptcy case during a divorce proceeding can create more problems or make some cases much more complicated.
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