Divorce Guide

Divorce Guide

Michigan Divorce Rights

A person filing a divorce case in Michigan State can approach Judicial Circuit Court of his/her county. The judicial circuit court of the county however will not accept the case if the petitioner has not resided in the state for 180 days preceding the petition. Michigan divorce rights also make it mandatory for the person to reside in the county for at least a period of 10 days before filing the case.

Michigan divorce rights recognize the legal grounds on the basis of which a spouse can seek the dissolution of the marriage. This legal ground of the dissolution of marriage is invoked when the court finds that the marital relationship has been broken down irretrievably and there is no reasonable scope of any reconciliation between the two parties.

Based on Michigan revised statutes, Michigan divorce rights also provide for an action for a separate maintenance. In order to file a petition for a separate maintenance, the plaintiff has to provide evidences in support of the case. The evidences should clearly show that the objects of the marriage no longer exist and there are no reasonable chances to preserve the marital relationship. The judicial circuit court of Michigan will conclude the dissolution of marriage if no counterclaim is filed by the concerned party.

Legal grounds of the dissolution of marriage in Michigan

Before the conclusion of the dissolution of the marriage, the court makes every effort to preserve and save the marriage. There is a mediation and counseling program arranged as per Michigan divorce rights, wherein both the parties are asked to participate. The mediator or the counselor tries to mediate between the two disputing spouses. The mediator also tries to settle the issues of child custody and property distribution. An important task of the counselor is to educate the two parties about the expected ill effects of the divorce on the parties and the minor child involved.

Most of the states of USA follow the principle of equitable distribution of state. Michigan divorce rights also recognize the state to be an equitable distribution state. According to the equitable distribution principle, the acquired property of the couple would be divided between them in an equitable and fair manner. The inherited property however will not be considered by the court while distributing the property on the basis of equitable distribution principle.

Michigan alimony and child custody

In some cases, the court can award an alimony amount to a party whom the court considers to be in need after the divorce. The provision of maintenance after divorce under the Michigan divorce rights requires a party to pay an alimony amount which is suitable for the maintenance of the adversely affected party. The court may decide the amount and the duration of the maintenance based on the factors such as duration of the marriage, age, health and economic conditions of the spouse, tax consequences, employability, vocational skills and the custody of the child. Child custody plays an important role while deciding the amount. Every state has to follow the child support guidelines and the income shares model is used to determine the amount of support for the child.

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