Everything listed under: divorce

  • Markle vs. Markle

    Recent Family Law Developments Case: Markle v. Markle (Unpublished) [click links for full text] Decided: August 14, 2007 Facts: Plaintiff filed his complaint for divorce and petition for temporary custody of the children in Michigan on May 28, 2003, but omitted the affidavit required by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The Van Buren Friend of the Court mailed plaintiff forms on June 2, 2003 to rectify the omission.

  • Alimony in Michigan

    (see SPOUSAL SUPPORT).  People frequently ask me whether alimony was abolished in Michigan.  It's not: alimony is alive and well in Michigan. 

  • Annulment in Michigan

    ANNULMENT - a proceeding for dissolving a marriage that is void. Annulment, unlike divorce, invalidates all family ties between the parties as though they never existed. Grounds for annulment include marriages obtained via fraud or duress, bigamous marriages, marriages within prohibited degrees of consanguinity or affinity, marriages to people of insufficient age, marriages to the mentally incompetent, marriages to people who are sterile, or impotent, or have a venereal disease.

  • Custody

    CUSTODY - the care and control of a minor child awarded by the court to a parent (or both parents for joint custody) in a case for divorce, separate maintenance, annulment, or paternity. Legal custody gives a parent the right of access to a child's medical and educational information, along with the right to make medical and educational decision regarding the child. Physical custody refers to who a child lives with.

  • Divorce

    DIVORCE - a legal proceeding to end a valid marriage. The only ground for divorce in Michigan is the no-fault ground, i.e., "there has been 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" MCL 552.6(1). Although proof of fault is not necessary to obtain a divorce, fault can be relevant in deciding custody, parenting time, property and debt division, and spousal s...

  • Who Initiates Divorce?

    The National Center for Health Statistics reports that from 1975 to 1988 in the US, in families with children present, wives file for divorce in approximately two-thirds of cases. In 1975, 71.4% of the cases were filed by women, and in 1988, 65% were filed by women. According to a study published in the American Law and Economics Review, women currently file slightly more than two-thirds of divorce cases in the US.

  • Top Causes of Divorce

    Divorce Causes An annual study in the UK by management consultants Grant Thornton estimates the main causes of divorce based on surveys of matrimonial lawyers. The main causes in 2004 (2003) were: * Extramarital affairs - 27% (29%) * Family strains - 18% (11%) * Emotional/physical abuse - 17% (10%) * Mid-life crisis - 13% (not in 2003 survey) * Addictions, e.g. alcoholism and gambling - 6% (5%) * Workaholism - 6% (5%) According to this survey, men engaged in extra-marital affairs in 75% (55%) of...

  • United States Divorce Statistics

    Divorce Statistics In the United States, in 2005 there were 7.5 new marriages per 1,000 people, and 3.6 divorces per 1,000, a ratio that has existed for many individual years since the 1960s. As many statisticians have pointed out, it is very hard to count the divorce rate, since it is hard to determine if a couple who divorce and get back together in that same year should be considered a divorce, so there is in fact no predictive relationship between the two annual totals. This method does not ...

  • Legal Seperation

    "Legal Separation" - is not recognized in Michigan but the law does recognize an action for separate maintenance.

  • What is a Divorce?

    Divorce is dissolution of a valid marriage before the death of either spouse. It can be contrasted with annulment, which is a declaration that a marriage is void. A divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage.

  • Seperate Maintenance

    Separate Maintenance - is filed in the same way and for the same grounds as divorce. In both separate maintenance and divorce, the court will divide property and debts, award custody of children, and set child and spousal support. At the conclusion of a separate maintenance case, a judgment is entered but the parties are still married.

  • Shared Economic Responsibility Formula (SERF)

    Shared Economic Responsibility Formula (SERF) - when children spend substantial amounts of time with both parents, the Michigan Child Support Formula considers the child support recipient's expense savings. SERF may only be used if both parents annually care for the child a minimum of 128 overnights pursuant to the terms of a custody/parenting time order.Spousal Support (formerly alimony) is money to be paid in a divorce, separate maintenance, or annulment case by one spouse to the other for the...

  • Spousal Support

    Spousal Support (formerly alimony) is money to be paid in a divorce, separate maintenance, or annulment case by one spouse to the other for the support of the recipient spouse. Under Michigan case law, the court must consider eleven factors in determining whether (and in what amount) spousal support is to be awarded:Past relations and conduct of the parties (fault).Length of the marriage.Ability of the parties to work and their respective incomes.Source and amount of property awarded to the part...