Divorce Guide

Divorce Guide

Divorce Court of Wayne County in Michigan

If one spouse wants a divorce, they can get it in one of the courts in Michigan. To file for divorce in the divorce Court of Wayne County in Michigan, you have to complete some requirements.

Filing Requirements

At least one of the spouses should have been a Michigan resident for 180 days before filing the complaint. The party also must have resided in the county of filing for at least 10 days immediately before filing the complaint. If you have minor children living with your spouse in a different state for over six months, then you should think about filing divorce in that state as that court has jurisdiction over the children. Your spouse can give up that jurisdiction in writing.

The only ground upon which a divorce may be granted in Michigan is to simply state in the divorce papers that the marriage has become ‘insupportable’. This means you and your spouse have quarrels and there's no hope for reconciliation. Many divorces these days are granted on the so-called "no fault" grounds of permanent breakdown of marriage.

Legal Grounds for Contested Divorce

  • Living apart for one year
  • Abandonment for one year
  • Either party already has a husband/wife at the time of the marriage from which the divorce is wanted.
  • Adultery
  • Excessive cruelty
  • Regular drunkenness
  • Imprisonment at the time of filing the complaint

Property Distribution

According to the divorce Court of Wayne County in Michigan, the property owned by the couple is divided between the parties. In an uncontested divorce, this division is finished by the Marital Separation Agreement (MSA). You and your spouse need to agree to the property and debt division. You may agree to divide the property any way you like, only if a basic justice is kept up. You may need to consult an attorney or get ready to tell the judge why you feel your appealed division of property is fair.

Child Custody

You may have joint legal custody or sole legal custody. This is settled on how the decisions are made regarding the raising of the children.

Physical custody can be with one residential parent or “spilt custody” where the children live a considerable time with each parent. Judges consider many factors while deciding child custody, including:

  • The wishes of the parents concerning custody
  • Ability and wishes of parents to be actively involved in meeting the needs of the child.
  • The relation of the child with the parents
  • Child’s adjustment to the child's home, school, and society
  • The mental and physical health condition of all individuals involved
  • If there is any history of abuse of any individuals involved
  • The wishes of a child as to the child's custodial parent

The child support will either be a sum you and your spouse agree upon, or it will be decided for you by the court, according to the child support guidelines of the divorce court of Wayne county in Michigan.

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