Everything listed under: Divorce

  • 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...

  • Legal Seperation

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

  • 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...