FREQUENTLY ASKED DIVORCE QUESTIONS
If my spouse and I have no minor children, how long will it take to obtain a divorce in Michigan?
By law, a Judgment of Divorce cannot be entered prior to the expiration of 60 days after a Complaint is filed. As a practical matter, however, a divorce may take much longer depending on the particular facts and circumstances of your case and the identity of the Judge to whom your case is assigned.
Who determines the custody arrangement applicable to our minor children?
The parents often agree upon a custody arrangement, and the Court will usually adopt the arrangement in the Judgment of Divorce. When there is a genuine dispute as to custody, the Court makes a determination using 12 statutory factors gauged to determine the best interests of the children. The Court may first refer the matter to the Friend of the Court for an investigation, and/or appoint a behavioral scientist to perform a custody evaluation of the parties.
If my spouse receives physical custody of the children, how will my parenting time arrangement be determined?
Usually, parents work out the parenting time schedule which the Court adopts in the Judgment of Divorce. If the parents are unable to agree, the Court may refer the matter to the Friend of the Court which will make a recommendation to the Court. Each case turns on its own specific facts, and the Court will be guided by the statutory factors it applies to determine custody. Generally, the non-custodial parent's schedule includes alternate weekends, some time during certain weekday evenings, alternate holidays, and a portion of the children's summer vacation and school break times.
How much child support will I be paying?
As a general rule, the formula set forth in the Michigan Child Support Guidelines will apply unless it is unjust or inappropriate in a given case. The Guidelines formula is based upon the respective incomes of the parents, their tax filing status, and the type of custody arrangement in the case, among other things.
Can a Court order payment of child care expenses?
Yes. When a custodial or non-custodial parent incurs reasonable, verifiable child care expenses (in order to look for work, retain paid employment or attend an educational program to improve employment opportunities), the Michigan Child Support Guidelines provide for the parents' payment of child care expenses.
What should I do if circumstances change after the divorce or problems arise with child support, parenting time, or custody?
Since the Court retains jurisdiction over matters involving your minor children even after you are divorced, you may be able to have certain Judgment provisions modified. Further, you will be able to obtain the Court's assistance in enforcing the Judgment.
How does a Court decide whether or not to award spousal support (alimony)?
A wide variety of factors will be considered in determining a spousal support award, including the age of the parties, length of the marriage, health, needs, ability to work and the past relations and conduct of the parties, among others.
If I have physical custody of my children, can I move out of the state after the divorce?
Yes, so long as you seek and obtain the Court's permission to do so prior to the move.
My spouse has always been vague about our financial situation. How can I obtain a divorce and divide our property if I don't know what we own?
Your spouse will be required to disclose assets and liabilities, among other things, in the "discovery" phase of your case by responding to interrogatories, document production requests and/or testifying at a deposition.
My friends say that I don't need to go through a trial in order to obtain a divorce. Is that true?
Yes. Your case may be settled by the attorneys representing you and your spouse. Alternatively, it may be settled through the use of alternative dispute resolution procedures such as mediation or arbitration. Your attorney will explain these procedures to you.
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