MichiganMarriage & Family Law Home
What are the Requirements to be Considered for Alimony?
In Michigan, after or during a divorce, a dependent spouse may file for alimony. ....... Click here to get more info on Alimony
What are Criteria Considered in Deviating from a Child Support Ruling?If a motion for change of custody is filed while a parent is active duty, the court shall not consider a parent's absence due to that active duty status in a best interest of the child determination.
- Utilize a guardian ad litem or the community resources in behavioral sciences and other professions in the investigation and study of custody disputes and consider their recommendations for the resolution of the disputes.
- Take any other action considered to be necessary in a particular child custody dispute.
- Upon petition consider the reasonable grandparenting time of maternal or paternal grandparents as provided in section 7b and, if denied, make a record of the denial.
A judgment/order entered under this act providing for the support of a child is governed and enforceable as provided in the support and parenting time enforcement act (1982 PA 295, MCL 552.601 to 552.650). If this act contains specific provisions regarding the contents/enforcement of a support order that conflicts with a provision in the support/parenting time enforcement act (1982 PA 295, MCL 552.601 to 552.650), this act controls in regard to that provision.
As provided in the servicemembers civil relief act, (50 USC 501 to 597b), if a motion for change of custody is filed during the time a parent is on deployment, a parent can file and the court shall entertain an application for stay.
722.27 Child custody disputes; powers of court; support order; enforcement of judgment or order; child custody while parent on deployment.
If a child custody dispute has been submitted to the circuit court as an original action under this act or has arisen incidentally from another action in the circuit court or an order or judgment of the circuit court, for the best interests of the child the court may do 1 or more of the following:
- Award the custody of the child to 1 or more of the parties involved or to others and provide for payment of support for the child, until the child reaches 18 years of age.
The court shall not enter an order modifying or amending a previous judgment or ord ....... Click here to get more info on Child Support
What is the Process for Custody?Upon the court awarding joint custody, the court may include a statement stating when the child will reside with each parent, or may provide that custody be shared in a way that ensures continued contact with both parents. ....... Click here to get more info on Custody
What is the Criteria for Divorce?
The state of Michigan, the one needing the divorce must have lived in the state for one year. ....... Click here to get more info on Divorce
What is the Process for Granting Visitation Rights?
In Michigan, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.
The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."
What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision:
A court may award grandparent visitation rights if visitation would be in the child's best interest. A court may award a grandparent the same visitation rights as a parent without custody if the grandparent's child is deceased and the grandparent has provided child ....... Click here to get more info on Visitation
What is the Process for Equitable Division?Under Michigan law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.
Although there is not a defined list of factors under Michigan statutory law based on case law courts will consider the following factors which include: the length of the marriage; the needs of the parties; the needs of the children, the earning power of the parties, the source and contributions toward marital property; and the cause of the divorce, including marital misconduct. ....... Click here to get more info on Property Division