Divorce laws vary from state to state. This means that the way a specific divorce is handled in Michigan will be different from the way it would in, say, Texas or California. The divorce laws in different states can lead to hugely different outcomes, both in terms of finances and child custody arrangements. This is why you should consider in which states you are eligible to file, and what the likely outcomes would be, before taking action to file.
If you are considering filing for divorce in Michigan, you should first consider whether you are eligible. In order to file, at least one party must have resided in the state for 180 days. Additionally, one party must have resided in the county where the divorce is filed for a minimum of the 10 immediate days before the filing. If you are eligible to file for divorce in Michigan, pay attention to the following laws that apply to divorces in the state.
Does Michigan allow “no-fault” divorces?
Michigan allows no-fault divorces. This means that the spouse filing for divorce does not need to show that their partner was to blame for the breakdown of the marriage. Instead, they only need to show that the marriage has broken down and cannot be repaired.
How are assets divided in Michigan divorces?
Michigan does not recognize the legal theory of community property. This means that at divorce, marital assets owned by divorcing spouses in Michigan are not automatically split equally. Instead, the courts split marital assets in a way that is determined to be fair and equitable according to the circumstances. This is known as equitable distribution.
What factors are taken into account when assets are distributed equitably?
In many cases, assets will be divided equally. However, if it is clear to the courts that one spouse has a significantly higher income or was responsible for incurring a high amount of marital debt, the asset division will reflect this.
If you are considering filing for a divorce in Michigan, make sure that you have a good understanding of the law before doing so. By creating a strategy before taking action to file, it’s likely that you will be able to optimize the outcome.