Michigan Family Law FAQs
The following are common questions that are posed by our family law clients at The Stroble Law Firm P.C. While there are some general answers to these questions, every client’s family law issue is unique, and we take pride in tailoring solutions to our clients’ individual needs.
For help with your Michigan family law questions, contact The Stroble Law Firm P.C. today at (888) 454-0801, or use our online contact form.
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Do we need a premarital agreement?
A premarital or “prenuptial” agreement is a contract between two parties that is executed before marriage. It can be very helpful by defining what separate assets and debts each party owns and what the parties’ property rights will be if the marriage dissolves. A premarital agreement, however, cannot place restrictions on spousal support or child support, and it cannot determine child custody or visitation issues in advance of a marriage. Generally, a premarital agreement can be useful if the parties want certain protections in place during their marriage and if they want to avoid a complicated divorce or separation process down the road.
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My husband wants an annulment. What does that mean?
Marriage annulment is defined as a legal procedure wherein the marriage is deemed as being voidable and therefore grounds exist for nullifying it. Typically, annulments can be granted for one of the following reasons:
- The parties in the marriage are not of legal age;
- There is a blood relationship between the two parties; or
- There is an absence of either mental or physical capacity.
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What is the difference between divorce, separation and annulment?
A divorce terminates a valid legal marriage. Neither party has to show that the other one was at fault for the marriage’s failure. Michigan is a “no-fault divorce” state, which means the parties simply need to show that the marriage has broken down to a point where the object of the marriage has been destroyed, and there remains no reasonable likelihood it can be preserved. A divorce can entitle parties to spousal support and an equitable distribution of property.
The same showing is required for a legal separation, with the difference being that the marriage is not terminated by a separation order. A separation can be accompanied by temporary spousal support as well as an equitable distribution of property.
An annulment follows the same process as a divorce or separation, but it requires a showing that the marriage was not valid in the first place. Spousal support is not available, but you can get an equitable distribution of property and, if there are children, child custody and child support.
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How long does a divorce take to complete?
The state of Michigan requires the parties to wait 60 days until the divorce is granted. If the parties have children, then the period is extended to six months.
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How long will it take for my Michigan divorce to be resolved if I have children?
A divorce in the state of Michigan can be granted in 60 days provided there is not a child or children involved in the proceedings. When there is a child or children, the divorce will not be granted until a period of 6 months has passed. What you want to be aware of is that these are the state’s minimum statutory requirements. However, based on the court docket and the level of contention between the two parties, it may be more appropriate to double that length of time when coming up with an estimated time for the divorce being granted. Read More
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What do I have to do to obtain a divorce in Michigan?
As far as residency requirements go, you must have been a Michigan resident for the past 180 days and a resident of your current county for the past 10 days. Either spouse can file for divorce by stating that the marriage has “broken down” to the extent that the matrimonial objects have been destroyed. Additionally, you must also state in the divorce papers that the preservation of the marriage is not likely to happen. Read More
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Are there any exceptions to the 10-day filing rule?
The 10-day filing rule applies to part of the residency requirements involved in getting a divorce in the state of Michigan, which states that you must have resided for the past 10 days in your county where you are filing your paperwork. You must have resided in Michigan for the past 180 days prior to filing. Read More
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Is the procedure for a divorce different if I am separated?
You can file an “Action for Separate Maintenance” in any Michigan Circuit Court in similar fashion and for the same grounds of action for a divorce. The plaintiff does not have to make any explanations for the reasons behind the separation other than the standard statutory language. Read More
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What is the difference between mediation and arbitration?
Mediation is a process in which the parties meet with a neutral facilitator to voluntarily reach an agreement on issues such as spousal support, distribution of marital property, child custody, visitation and child support. The process is widely seen as an efficient and cost-effective alternative to taking a case to court.
Arbitration is essentially the same as mediation. However, instead of a neutral party facilitating the agreement, an arbitrator issues a ruling that, in advance, the parties agree will be binding.
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What is a settlement agreement?
A separation agreement is a contract between the parties to a marriage that can resolve many issues that flow from a divorce, including the division of marital property, spousal support, child custody and child support. The agreement is usually reached by working with a mediator or arbitrator and reflects thoughtful negotiation between the parties. It can either be approved by the court as a contract or incorporated into a court order.
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How do you determine the difference between separate and marital property?
It seems simple enough: Separate property is real and personal property that a party acquired before the date of marriage, and marital property is the real and personal property that the couple acquired after the date of marriage and before the date of separation. However, separate property often is mingled with marital property, which can lead to complicated issues during a separation or divorce. For instance, if a party contributes $20,000 of separate assets to a $200,000 marital home, the party is not entitled to a 5 percent separate share of the home.
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What kinds of property are divided in a Michigan divorce?
In many Michigan divorces, the division of property oftentimes becomes a key issue during the proceedings. Typically, the assets and debts acquired during the marriage are considered “marital” property and must be divided in equitable fashion. Equitable in this case does not necessarily mean “equal” but usually means that the property will be divided in a fair and reasonable manner. Read more
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If we have a home in Michigan, who will get it in the divorce?
The assets and debts acquired during marriage are referred to as “marital property” and typically include the larger acquired assets such as your vehicles or your home. When you file in Michigan, the goal is to see that these assets are divided equitably between both parties. Read More
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Can spousal support be modified or terminated?
Unless the parties decide otherwise in a separation agreement, spousal support generally is always subject to modification or termination. If the spousal support is paid out in a lump sum, of course, it cannot be modified. However, periodic payments can be modified upon the showing of a change in circumstances. Termination of spousal support payments may occur when the receiving party marries, lives with another person (called “cohabitation”) or dies.
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If I lose my job in Michigan and don't think I can keep up with my spousal support payments, what should I do?
The state of Michigan no longer uses the terminology “alimony” in divorce proceedings. Instead it is now called “spousal support” and will be awarded in just and reasonable fashion based on certain factors such as the ability to pay spousal support, length of the marriage, and the ability of either party to work. Additionally, the ages, health, and physical needs of the parties are taken into consideration as well as one party being found at fault for causing the divorce to happen. Read More
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Does the child have any say in who receives custody?
The guiding standard in determining child custody is the child’s best interests, and not the parents’ wishes. A court will look at several factors in determining how the child’s best interests will be served by a proposed custody or visitation arrangement. Among those factors is the child’s preference if the child is capable of expressing that preference.
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Can grandparents obtain custody of a child?
Grandparents’ rights cases come into play only when the parents of a child are going through a divorce, separation or annulment. Under Michigan law, the grandparents may seek visitation rights. However, grandparents do not have visitation rights if the parents’ marriage is intact. In many cases, where a child is removed from the parents’ custody as a result of abuse or neglect, the grandparents may seek custody or guardianship of the child.
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If you don’t have custody of the child, do you still have to pay child support?
Under Michigan law, the need to provide child support does not depend on the parent having custody or visitation rights. The bottom line is that both parents, whether married or not, must bear the responsibility of ensuring that their child’s financial and medical needs are met. Missed child support payments, or arrearages, can be enforced through a variety of civil and criminal penalties.
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If my wife has custody of the children, can she move out of Michigan after the divorce?
Decisions regarding child custody in divorce proceedings are typically made in the best interests of that child or children. Divorce laws in Michigan encourage joint custody of all children concerned in the divorce, meaning that both parents in the divorce have the right to make decisions concerning the upbringing of the child or children. With a few exceptions, a child can be moved to another location. Read More
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Besides a Michigan family lawyer, who should I talk to during my divorce?
The thought of filing for a divorce can be an intimidating experience for some individuals. Before going immediately to a divorce lawyer or family law attorney, you need to determine if filing for the divorce is justifiable. In the state of Michigan, there are residency requirements that must be taken into consideration. However, the determination about whether to consult with a Michigan divorce attorney and then file for the divorce must be based on the total breakdown of the marriage and there is no likelihood that the marriage can be saved. Read More
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How long does an adoption take to complete?
Adoption can be a long process, but ultimately, a rewarding one for those wishing to bring a child into their life. Generally, the process takes at least a year to complete, which includes a six-month or longer period in which an agency must monitor and supervise the child’s placement with the prospective adoptive parents.
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What happens to the child’s identity after an adoption?
Once an adoption order is entered by a court, the child becomes a member of the adoptive parents’ family as if the child was naturally born of the parents. This means the child is entitled to inherit property from the parents, and the child may also assume the parents’ name.
At The Stroble Law Firm P.C., we have experience working with clients in a variety of family law issues, including adoption, paternity, arrearages, visitation, temporary orders, legal separation, premarital agreements, domestic abuse, mediation, arbitration, maintenance, modifications, terminations, judgment enforcement, grandparents’ rights cases, guardianship and other financial or marital property-related disputes.
If you have a family law issues that you would like to discuss, please contact our family law attorneys. Based in Bloomfield Hills, The Stroble Law Firm represents clients across Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham Michigan, Rochester Hills, West Bloomfield and Bloomfield Hills. Call The Stroble Law Firm at (888) 454-0801, or contact us online.
