In general, your divorce must be filed in the circuit court in the county where you or your spouse has lived for at least the last ten days. Select a county above for resources near you, Helping Michigan residents solve their legal problems. If your child gets public benefits, the Friend of the Court will automatically review your support order once every 36 months. x. To learn more, use the I Need to Revoke Paternity Established by Marriage: Tools for the Mother toolkit or the I Need to Revoke Paternity Established by Marriage: Tools for the Legal/Presumed Father toolkit. The judge must consider joint custody if either parent asks for it. How do I know if I need a new deed to transfer real estate? When a child has a different biological father, the husband and wife may agree that they want the husband to continue as the legal father after their divorce. If you do, the waiting period is six months. Accurate disclosure of assets is also required because is impacts whether or not spousal support should be required and what amount of child support should be ordered. This can be done by gathering statements from witnesses or law enforcement, social services agencies, family members or others who can provide first-hand evidence and insights. To learn more about revoking paternity, use the I Need to Revoke Paternity Established by Marriage: Tools for the Mother toolkit or the I Need to Revoke Paternity Established by Marriage: Tools for the Legal/Presumed Father toolkit. You can also file a motion asking the judge to change the order. If you do not change your last name when you divorce, you may later decide to change your name. To be considered non-marital property, a spouse must present clear and compelling evidence that the property is separate. To learn more, see the Name Change toolkit. Do I have to allow parenting time? You also don’t need to be legally separated. You may be able to opt out of FOC services in your case if both you and the other party agree to opt out. These toolkits have information about being the Defendant in a divorce case. It can only be prosecuted if the spouse who is the victim files a criminal complaint, and it must be filed within one year of the offense. If a parent misses child support payments, then the other parent can petition the courts to force payment through several possible means. If you or your spouse is expecting a child when the divorce is filed, include information about the pregnancy in your divorce complaint. Neither spouse is required to be a U.S. citizen to get a divorce in Michigan. These are costs for some of the things not covered by insurance. You can even arrange a Michigan divorce if you did something which caused the marriage to come to an end. Your spouse can’t stop you from getting a divorce. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. If you receive a different type of public assistance, you may continue to receive it in addition to the child support that is paid. Yes, you can file for divorce if you are pregnant or your spouse is pregnant. Can I change my last name as part of my divorce? Do I need a quitclaim deed for a car or mobile home? Providing divorce and Family Law services with proven results. Separate property is any property owned by a spouse prior to the marriage as well as some property that has been acquired either by a gift or inheritance. Some cases are not appropriate for mediation. However, your case cannot be dismissed if your spouse filed an answer or a motion in your divorce case, unless they agree to dismiss the case and sign the Stipulation to Dismiss on the Dismissal form. To ask the judge to revoke (undo) your husband’s status as legal father, either you, your husband, or the biological father must file this motion or complaint. To decide what is fair in your case, the judge may consider: Property one of you had before your marriage can also be divided in some cases to create a fair division. You don’t have to be separated or living apart to get a divorce. In the complaint, you will tell the court how you want to end the marriage in terms of child custody, support, alimony, shared debts and a division of assets, among other things. Can I get a divorce in Michigan? Then, your ex-spouse must take the deed to be recorded at the Register of Deeds. What is the difference between a contested and uncontested divorce? Think about what type of parenting time is best under all of the circumstances – not just based on how your children feel. What is a Certified Divorce Financial Analyst? Instead, the decision will be made when all of the marital property and debts are divided. Children have the legal right to be financially supported by both parents. If you or your spouse is expecting a child when the divorce is filed, include information about the pregnancy in your divorce complaint. Should I use a quitclaim deed or a warranty deed? Examples of accommodations that may be available are: Each court has an Americans with Disabilities Act (ADA) Coordinator. If you and your spouse had children during your marriage, or if you’re expecting a baby now, then the waiting period is usually 180 days. Michigan has not allowed common law marriage since January 1, 1957. I signed a prenuptial agreement, but now I don’t agree with it. The supervisor could be a grandparent, other relative, friend, or other court-appointed supervisor. How the parties conducted their marriage and the conduct leading to the breakdown of the marriage, How much property (and what kind of property) each party is getting in the divorce, Whether either party can pay spousal support, The current living situation of the parties, The prior standard of living of the parties, Whether either party has other people to support, What each party has contributed to the joint estate, Whether either party lives with someone else, The number of parenting time overnights the children have with each parent. In relationships where domestic violence is taking place, any actions you take related to divorce are secondary to making sure that your immediate safety or the safety of any children are taken care of first. Even if there is a custody order, you can move to a safe place with your child to get away from the threat of domestic violence. When a child has a different biological father, either spouse can ask the judge to revoke (undo) the husband's paternity so he is no longer the legal father. Do I need the judge’s permission to move my child’s residence after there is a custody order for my child? No. Get a statement from the Social Security Administration stating that you get SSI and bring it to court. If you are in this situation you should consider talking to a lawyer. Any other factor that might be relevant to the equitable awarding of alimony. Michigan state law requires child custody based on the best interests of the child principle. You can use the Do-It-Yourself Answer and Counterclaim for Divorce tool to prepare an Answer and Counterclaim. Infidelity or adultery may become more of an issue in things such as alimony, child custody or in a division of assets. I am the Plaintiff. The wishes of the child, especially if they are older, The child’s adjustment to home, school and community, The mental and physical health of all individuals who are involved, The ability of the parents to cooperate to make decisions, The level of each parent’s involvement in past significant decisions regarding the child, Any prior agreements that were put in place related to making decisions about the child, The distance between the parents’ residences, transportation issues and daily schedules that might be impacted, If there were any restrictions on making decisions due to any parental conduct that was dangerous or immoral, The willingness of each parent to foster a close and continuing relationship between the other parent and the child, Any physical violence or threats of physical violence by the parent against the child, Any instances of abuse against the child or any other member of the household, Any other factor that the court may find relevant. If not, the amount you owe will build up while you’re in prison, and you will owe all of that money once released. All payments of child support shall be ordered to be made through the Michigan Friend of the Court Bureau and the Michigan State Disbursement Unit. If the other parent plans to get passports to travel out of the country with your children, the State Department will give you advanced warning. All Rights Reserved. Every child support order should include an amount for ordinary medical expenses. However, this may not be possible if the property is worth less than the amount of the mortgage, if the person keeping the property has bad credit, or for other reasons. Completing a Divorce With Children; Self-Represented Litigants; Quick Links. What if my spouse doesn’t want a divorce? Whether you have low income or not, you can use the Guide to Legal Help to look for lawyers and legal services in your area. This means if your spouse buys you a car or a diamond ring out of a paycheck while you’re married, then it will be subject to equitable distribution in a divorce. Maybe. But the judge can consider fault to decide how to divide your property and debt. This means you don’t have to prove cheating, abandonment, abuse, or anything else to get divorced. There may be reasons to divide the property and debt 60/40 or some other way. All issues in the divorce must be resolved before a divorce in the state can be finalized and each person can claim legal single status. Even if your spouse shows up in court and says “I don’t want a divorce,” you can get one. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. Instead, they must go through the process of petitioning the court for a name change. 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