Filing for Divorce in Michigan — Get Your Divorce Forms in MI (2018)

Online divorce in Michigan

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How to get divorce in Michigan

Online Divorce provides qualitative and approved by the court Michigan divorce papers. The information below will help you understand more about the divorce in Michigan.

However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. Onlinedivorce.com provides quick and inexpensive services of online divorce in Michigan. We guarantee that in a short time you will receive the correct Michigan divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get divorce in Michigan:

1

First of all you need to make sure you have lived with your spouse for at least 6 month.

2

Next you need to file the court. You file Michigan court if you or your spouse have been living there at least 6 month.

3

Michigan is a very easy to divorce state. So if you want to divorce just because you can not live with your spouse anymore and there are not any other visible reasons such as adultery, alcohol, drugs or crime, in Michigan you can get a divorce anyway without proving your spouse fault. So according to the Michigan divorce law “a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” You can have fault or non-fault ground. This means you can divorce even if you are the person who ruined the marriage.

4

You need to reach an agreement with your spouse. You do not have to prove your spouse fault, but you can still tell the truth to the judge and this will influence your alimony and property division, so the best way is to agree with your spouse before the court.

5

You must print all the necessary documents and fill all the Michigan divorce papers. Most of people do not like to fill the forms and blanks as it is not an easy process, so talking about divorce papers we should emphasise that it is a very difficult process as well and it requires time, accuracy and patience. Filing your divorce papers correctly will not only save your time, but also speed up all your divorce process.

6

And the last thing you need to do in order to start your divorce process is to file to the court and hope that your case will be considered first in the line.

Residency:

Sometimes people think they need to file only the court of the country of their residence, but this is not true. You need to be a resident of the USA and live in the USA for about 10 years in order to file the USA court. But if your spouse is a resident and has been living in the USA for 10 years you can also file all the necessary divorce documents in one of the courts and Michigan courts as well ( if you have been living in this state for more than 6 months).

How to divide property and debts?

This is very important to divide couple property very fairly and according to all the little details that create the whole picture. According to Michigan law all the property that was owned by one of the spouse before the marriage is his/her own property. But at the same time all the property that couple has earned during the period of marriage is their common property.

If wife has earned in marriage some of her stuff such as clothes or jewelries it considers as her own property. Not only a house, a yacht and a car are considered as a property. If you and your spouse have retirement benefits and you have gained them during your marriage, they are considered as property as well.

If husband and wife does not have a possibility to agree about the division of their property in a peaceful way the judge will divide it according to the following factors:

  • Ability of the spouses to earn money.
  • Quantity of the children the spouses have
  • Fault of the spouses
  • Ages of the spouses
  • Health of you and your spouse
  • How long was your marriage
  • Your living conditions during the marriage
  • Your investment into marital estate

Separate maintenance

There are people who does not want to divorce as they consider it a big sin and they can not stay together any longer because of broken relations. So there is a way for such couples and it is called separate maintenance.

The main difference between uncontested divorce and separate maintenance is that at the end of the case couples stays married. The spouses divide all their property and children, they do not live together, but at the same time they can not marry again until they get divorce.By the way, if a couple want to get divorce according to the Michigan law they need to file for divorce and start all the process all over again. Unfortunately this website can’t help you to file for separate maintenance, because there are not standard court forms.

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OnlineDivorce reviews

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Annulment of the marriage in Michigan

In comparison with the separate maintenance annulment is another way to get a divorce in according to the Michigan law. But the main difference of the annulment and separate maintenance is that at the end of the case your marriage is cancelled. Not every marriage can be annulled and you need some particular reasons for it:

  • Annulment is possible when you and your spouse are close relatives ( such as mother, father, brother, sister, aunt or uncle).
  • Your spouse was still married when he/she entered the marriage.
  • You or your spouse very too young to enter the marriage (according to Michigan law you need to be 18 years old to marry or 16 years old if your parents will sign for you).
  • Annulment is possible if your spouse did not tell you or lied to you about something important (such as his/her health or pregnancy or other issues).
  • If one person was incompetent or married by force( when one spouse was married in a state of alcohol or drug intoxication or at gunpoint).
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Custody of the child in Michigan

Custody of the child

According to the Michigan law there are several principles which are followed by judges in order to arrange the best conditions for a child. All the judges follow child’s interests, but in each state they emphasise some factors and/or put more weight to the other factors.

Michigan cheep up parent to reach an agreement and to give possibility to a child to spend a lot of time with both of parents, because it is very important for child’s upbringing.

You need to list your minor children in the divorce form documents. ( children under 18 years old)

Interests of child standarts in Michigan state:

  • A period of time the child has been living in a loving atmosphere. If a child loves to stay with his mother and does not want to go to his father’s house, all this circumstances will be used against father.
  • Moral and physical health of both parents.
  • Ability of the spouses to cover basic needs of a child such as food, clothes, house, medical support, etc.
  • Child’s relations with the neighbours, school, sport sections or any other hobby just may have. There should be a very good reason to uproot a child as it is very difficult for children to handle changes especially in the period of the divorce of their parents.
  • History of domestic violence ( father hit mother, or father hit a child).
  • Each parents lifestyle and moral principles.

This is not the full list as sometimes judges can consider all the other factors in order to make a right decision.
There can be difficulty when you are entitled to custody and visitation as well.

So all the time you are going to move to another state or 100 miles from your home you need to inform about it to the court as it is very important and can be stressful to your child.

There should be very essential reasons doing this such as new job opportunities, help of your family members, etc.
So if you have decided to relocate you need to give all the necessary information to the court ( your new address, phone number, place of work, etc.)

Rules for child support in Michigan

It is very difficult to raise a child and that is why there is a help to cover all the child’s necessary need ( such as food, clothes, shelter, etc).

This help is called child support.

Usually a parent who cares about a child all the time receives a child support until he/she is 18 years old, but sometimes it can last till he/she is 19, 5. it is possible when a child lives with his parent all the time and attends a college or University and does not work.

On the other hand a parent can receive a child support only when a child is 16 years old if:

  • A child moves to another state.
  • When a child does not live with his/her parent.
  • When a child starts to work full time and does not need any additional help.

Each parent can apply petition in order to Review Child Support

There are some situations when one parent changes his/her job or a workplace or gets a promotion. In this case it is very important to inform to the court about your salary as it may become bigger or less and that will influence a child support as well. Every parent may file a motion in order to change a child support as life is not always the same, there are ups and downs, and all these facts influence the amount of a child support.

SSI and a child support:

SSI ( also known as Supplemental Security Income) this is a program that help blind, elderly or disabled people. So if you are a person receives from a government Supplemental Security Income he will not pay child support. This is because SSI can’t be considered as an income. There are situation when a friend of a court worker makes you pay child support while your only income is SSI. In such cases you need to provide him all the necessary information and explain all the situation.

Michigan laws determines who will pay child support as well as who will be entitled to custody and who will be entitled to visitation.

So in order to make everything in an accurate and correct way there is a special child support calculation which is also called Michigan Child Support formula.

According to this formula such factors play an important role in child support calculation:

  • The number of supported children.
  • The number of overnights the child spend with each parent during the year.
  • the costs to support a child according to the standard.
  • the income of each of the parents.
  • medical care costs.
  • other factors.

When one of spouses is ordered to pay a child support he is guided by Uniform Child Support Order( UCSO). This organisation cares about child support issues and controls all the payments that are made by payer such as monthly amount of child support or health insurance, etc.

There are also additional medical expenses when child is ill and the payment for hospital is to high to pay, so the payer should also provide some help to a child if it was uninsured cost and if it is above the amount of the annual medical expenses in a calendar year.

Uncontested Michigan divorce with children
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Divorce without a lawyer in Michigan

If you apply for a divorce in Michigan, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Michigan can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Divorce forms in Michigan

When you have already decide to get a divorce in Michigan you need to fill the following forms such as Request Marriage or Divorce Documents, Divorce Papers, Affidavit of Non Military Service, Waiver of Service, Divorce agreement, and other documents.

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