Michigan Divorce Laws

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A law expresses the provisions and statues regarding legal matters. Divorce laws fall under the section of family law. Every state is allowed to craft its own rules and regulations regarding the divorce procedure and issues like property distribution and custody of children. Michigan divorce laws mention various requirements such as residency conditions and disclosure of the property. Also, they give a detailed explanation of how the divorce process is completed in the court.

The first and important condition for applying for divorce in the Michigan court is to prove the physical presence in the state for at least six months prior to opting for a divorce application. The petitioner or the spouse are asked to fulfill this condition. The other provisions are as follows.

Michigan Divorce Laws regarding Child Support

The State Court Bureau has developed a Michigan Child Support Formula. This formula is applied by the Court to decide the amount of child support. The Court never grants child support after the child completes 19 years and 6 months. When the child consistently attends high school full-time with an intention of gaining enough credits to graduate from high school and stays full-time in an institution or with the recipient of support, then the Court might issue orders of support. Sections 552.605b, 552.605 and 552.604 of the revised statutes of this state are adhered to by the Court. The factors under consideration while finalizing the child support are -

• The financial status of the parents including the debts and liabilities
• The economical conditions of both partners
• The general estimate of the expenses for the upbringing of the child
• The financial status enjoyed by the parents before divorce
• The educational necessities of the child and inclination to any specific field
• The estimated expenses for the future plans of the child
• Child custody and the responsibilities of both partners

Michigan Divorce Laws regarding Child Custody

In this state, there is encouragement for Joint custody. The best interests of the child are kept in mind by the Court while considering the following factors -

• Presence of physical abuse irrespective of the fact whether the violent act was seen by the child or was planned against the child
• The readiness and capacity of the partners to promote and facilitate a continued and close relation amongst the other partner and the child
• If the Court concludes that the child is of enough age to form choice of the parent with whom he or she wishes to reside, then the notice of such choice is taken
• The conduct and behavior of the child in social atmosphere
• The nature and physical conditions of the spouses. of the partners
• The moral capability of the partners
• The permanency of currently residing place
• The duration the child has resided in a satisfactory and stable environment and the wish to continue in the same ambience
• The temperament and ability of the partners to provide the child cloths, food, material needs, medical attention and other remedial care in substitute of medical care that is allowed as per the laws of this state
• The nature and capacity of the partners to shower the child with love and care
• The disposition and ability of the partners to raise the child in his or her creed or religion, if any, and continue the education of the child
• The emotional ties, affection and love amongst the child and the partners

Alimony

In case of a separation or a divorce, the Court might issue orders to either party to offer spousal support for the suitable maintenance of the adverse party. Using the amount of money paid as alimony, the adverse party must be able to conserve any personal or real property owned by the party. If the party receiving alimony remarries, then the Court terminates the award of alimony. However, this alimony is continued if there is a specific agreement mentioned in the judgment of divorce. Section 552.13 of the revised statutes is the basis of the alimony award. There are various parameters on which the alimony is based.

Change in name

When the Court grants the decree of divorce, if a woman (defendant or complainant) requests to change her name, the Court passes a decree with the following possibilities -

• Restoration of maiden name
• Restoration to name held prior to the marriage
• Adoption of another surname with no evil or fraudulent intention

These are some of the aspects of the Michigan divorce laws. It is very necessary to know the laws in an appropriate manner to avoid any mistakes while presenting a divorce case in the court. The complex cases for divorce can be managed with the professional help provided by the lawyers and attorneys.

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