Divorce cases in michigan siriano
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What are the grounds for divorce in Michigan? What is a divorce going to cost me? Can I afford it?
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Do I really need to hire an attorney? Does Michigan grant divorces based on marital fault? Fault Divorce Can I get maintenance or will I have to provide maintenance to my spouse? When can I file for divorce in Michigan? When is my case going to be over? Do I have to go to court? What if my spouse does not want the divorce? Do the other issues — child support, child custody, alimony, and property — have to be decided before the divorce is final? After I file for divorce, do I have to continue to live in Michigan?
What if I am in the military and out of state? Related Article: Divorce residency requirements for active duty military What forms do I need to file for a divorce in Michigan? How and where is a divorce complaint filed? How do I serve the divorce complaint on my spouse? How is a divorce granted?
Will I have to go to court? What typically happens if I go to court to obtain my divorce myself? Albany: Great Oaks Blvd. Main St. Capitol Blvd. Fifth St.
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Hillsdale Blvd. Ohio St. Kilbourn Ave. Yale Ave. Click here for a full listing of offices nationwide. This does not mean, however, that Michigan does not consider fault. Fault is relevant in some instances in child custody, spousal support and property distribution. Even if the parties are able to successfully negotiate the issues in their divorce case, Michigan law still requires that one of the parties physically appear before the court and testify under oath that there has been a breakdown of the marriage relationship.
The family division of the circuit court handles all divorce cases in Michigan. If you want to file for a divorce, one of the parties must have lived in Michigan for at least days and in the county where the case will be filed for at least 10 days before filing. The person who starts the divorce action is called the plaintiff.
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The plaintiff must file a complaint asking the court to grant a divorce. There is a filing fee for this action. The filing fee is more if there are children of the marriage who are under the age of If there are no children under the age of 18, there is a 30 day waiting period before a divorce can be granted. In cases where there are minor children, there is a 6 month waiting period. However, if there is unusual hardship or compelling necessity, the court may waive the 6 month waiting period.
There are three distinct ways of legally ending a marriage relationship in Michigan: Divorce, Separate Maintenance and Annulment. A party may also request spousal support. However, in an action for Separate Maintenance, the Plaintiff does not seek to have the marriage dissolved.
In Michigan, if the other party requests a divorce, instead of Separate Maintenance, the Court is required to grant the request for a divorce. An Annulment proceeding is where the Plaintiff asks the Court to declare that the marriage never existed and is void.
Annulment can only be used in special circumstances and can not be used if children have been born as a result of the marriage. People seeking a divorce are often confused about the concept of fault as used in Michigan divorce law.
Questions & Answers
To receive a court-approved divorce in Michigan it is not necessary to show that either one of the parties was at fault in the decline of the marriage. The only thing that is necessary to prove is that there has been a breakdown in the marital relationship to the extent that the objects and goals of marriage have been destroyed and that no reasonable possibility remains that the marriage can be saved. If one party is determined to be at fault for the breakdown of the marriage, then the court may award the other party more property.
Marital property is undefined by statute, but case law defines it as any property including debt acquired during the marriage, from any source, but excludes property acquired during the marriage and any increased in value so long as the increase was passive. Fault is, in general, relevant if the fault that caused the breakdown of the marriage is related to marital property e. Generally, courts start with the presumption that marital property should be split equally between the parties. However, Judges are only required to divide the property in a fair and equitable manner. In some cases, such as alimony, this requires that the property not be divided equally, this allows the court to make determinations based on relative fault.
Some of the other factors that may be considered are the duration of the marriage, the age, health, and earning power of the parties, and the contributions of the respective parties to the marital property. The Court is also required to consider pensions, annuities, profit sharing plans, and other retirement plans as part of the marital property. Alimony in Michigan is called spousal support by statute. The court uses a multi-factored analysis similar to the analysis used to divide marital property. The factors the court considers include: 1.
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The past relations and conduct of the parties. The length of the marriage.
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