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

The information below will help the interested person understand more about the divorce in Michigan.

The common steps of how to get divorce in Michigan:

1

The interested person have to live with the spouse for at least 6 month.

2

File the court. The interested person files Michigan court if the spouses have been living there at least 6 month.

3

If there are not any other visible reasons such as adultery, alcohol, drugs or crime, in Michigan the interested person can get a divorce without proving the 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.” The interested person can have fault or non-fault ground.

4

The interested person need to reach an agreement with the spouse. The interested person do not have to prove the spouse fault, but he or she can still tell the truth to the judge and this will influence the alimony and property division.

5

The interested person must print all the necessary documents and fill all the Michigan divorce papers.

6

Start the divorce process is to file to the court.

Residency:

The interested person have 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 the spouse is a resident and has been living in the USA for 10 years the interested person can also file all the necessary divorce documents in one of the courts and Michigan courts as well (if the interested person have been living in this state for more than 6 months).

How to divide property and debts?

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 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 the spouses
  • How the marriage was
  • Living conditions during the marriage
  • Investment into marital estate

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.

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Annulment of the marriage in Michigan

Not every marriage can be annulled and the interested person needs some particular reasons for it:

  • Annulment is possible when the spouses are close relatives ( such as mother, father, brother, sister, aunt or uncle).
  • The spouse was still married when he/she entered the marriage.
  • The spouses very too young to enter the marriage (according to Michigan law, the interested person needs to be 18 years old to marry or 16 years old if the parents will sign for).
  • Annulment is possible if the spouse did not tell truth or lied 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.
The interested person need to list the 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.

Rules for child support in Michigan

A parent who cares about a child all the time receives a child support until he/she is 18 years old.
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

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 (Supplemental Security Income) is a program that help blind, elderly or disabled people. So if the interested person is a person who receives from a government Supplemental Security Income the interested person don't have to pay child support. 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.

Uncontested Michigan divorce with children
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Divorce without a lawyer in Michigan

If the interested person applies 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 the spouses 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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Contested Divorce
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Offline process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditure. Overall lenghty and expensive way to go.
  • Attorney availability affects completion time
  • Each spouse have to hire an attorney, which automatically doubles legal fees
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  • If you have children, they will likely be interrogated at the court for making decisions on custody
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Websites for filling out divorce documents. Use software technonlogies to complete your divorce documentation.
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  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Divorce forms in Michigan

When the spouse have already decide to get a divorce in Michigan he or she 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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