Over the years, we have been asked a number of questions about Michigan family law. In keeping with our mission of helping you know and understand the law, we have compiled a list of frequently asked questions to get you started, with links to additional information about the particular subject area for further guidance. If you have any questions not covered here, contact our Michigan domestic relations attorneys today.
Is Michigan a “no fault” divorce state?
- Yes and no. To get divorced in Michigan, neither party must prove that the marriage broke down because of fault by either party. However, fault may very well be a factor taken into consideration by the court in the division of property and in the award of alimony (spousal support).
- This depends on the facts and circumstances of the case.
- Without minor children: After a divorce without minor children is filed with the court, it will be a minimum of 60 days before the court will enter a judgment of divorce.
- With minor children: After a divorce with minor children is filed with the court, it will be a minimum of 180 days before the court will enter a judgment of divorce.
How is alimony (spousal support) calculated?
- The court looks at a number of factors in calculating spousal support in Michigan. Most frequently, the courts focus on the income of the parties, the needs of the parties, and the length of the marriage.
How is child support calculated?
- Child support is calculated pursuant to the Michigan Child Support Formula and focuses on the need of the child(ren). Most significantly, the court focuses upon the income of each parent and the number of overnights the parent is awarded with the child(ren).
If I don’t like my judge, how do I get him/her off my case?
- With exceptions very few and far between, parties cannot change judges.
How do I communicate with the judge?
- Parties communicate with the judge through the filing of motions. You cannot call the judge and discuss your case.