When it comes to obtaining a divorce in Michigan after being married in another state, there may be some confusion surrounding the process. You might question whether a Michigan court has jurisdiction over your divorce case or if you need to file for divorce in the state where your marriage took place.
In simple terms, the answer is that you can indeed get a divorce in Michigan, even if you were married in another state. However, you need to be aware of certain important considerations before proceeding with the process.
Establishing Residency in Michigan
To file for divorce in Michigan, either you or your spouse must have been a resident of the state for at least six months prior to filing the divorce complaint. This means that if you and your partner have recently moved to Michigan, you may have to wait until you meet the residency requirement before starting the divorce proceedings.
Furthermore, it is crucial to file for divorce in the appropriate Michigan circuit court, usually in the county where you or your spouse currently reside.
Grounds for Divorce in Michigan
Michigan follows a no-fault divorce policy, which means that neither party needs to prove fault in order to obtain a divorce. The most common reason for divorce in Michigan is the irretrievable breakdown of the marriage, which can be established by demonstrating that the marital relationship has significantly deteriorated and there is no reasonable likelihood of salvaging the marriage.
Property Division and Spousal Support
During divorce proceedings in Michigan, the circuit court will handle the division of marital property and debts according to the principles of equitable distribution. This means that instead of splitting assets and debts equally, the court will strive for a fair division based on factors such as the duration of the marriage, each spouse’s contributions, and the financial circumstances of both parties.
Additionally, the court may award spousal support, commonly known as alimony, to one party based on factors such as the length of the marriage, the earning potential of each spouse, and the standard of living established during the marriage.
Child Custody and Support
In cases where children are involved, the Michigan circuit court will address child custody and child support matters. Custody can be granted to either one or both parents, either jointly or solely. The court will evaluate aspects like the child’s relationship with each parent, the child’s preference if they are old enough to express it, and each parent’s ability to fulfill the emotional and physical needs of the child.
Child support will be determined based on Michigan’s child support guidelines, which take into account factors such as each parent’s income, the number of children involved, and the expenses associated with medical care and child care.
Working with a Michigan Divorce Attorney
If you are contemplating a divorce in Michigan but have concerns about the process, it is highly recommended to seek guidance from an experienced divorce attorney. An attorney can provide you with comprehensive information about your rights and responsibilities under Michigan’s divorce laws, and can represent you in court to ensure the protection of your interests throughout the divorce proceedings.
Overall, it is possible to obtain a divorce in Michigan even if you were married in another state. However, it is essential to consider the important factors discussed above. By working closely with a knowledgeable divorce attorney, you can navigate the necessary steps to safeguard your rights and move forward with your life confidently.