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Michigan Divorce Handbook

MICHIGAN NO-FAULT DIVORCE

As Most people are of aware, Michigan is a no-fault state. In fact, Michigan has been a no-fault jurisdiction since 1973. Although there are arguments to ending this status of a no-fault jurisdiction, as can be recently attested to by legislation in the Michigan House and Senate, most divorce attorneys would argue that our system has been an effective system. Some have argued that the no-fault status has attributed to the rise in the number of divorces since the 1960’s. Most attorneys would argue that changing demographic and socioeconomic factors are responsible for the increase in divorces. Although the no-fault status generally means a 50/50 split in assets, there are certain factors such as fault that can be used in making a breakdown of marital assets. For instance, if it is found that one of the spouses had affairs or was extremely abusive, judges are now reluctant to award more property to the not-at-fault party. For instance, if there are assets of about $100,000, a judge, depending on the circumstances, would be likely to award anywhere from 55 – 60 % of those assets. The other factors to be looked at also involve the employability of one’s spouse.

DIVORCE REQUIREMENTS

Michigan is a no fault divorce state like 40 plus other jurisdictions. However fault can be a determining factor in how the property is divided up, along with how much alimony and child support will be paid. For example, if one of the spouses was having an affair or was abusive, that factor could be used by the judge in making a determination as to how marital property was divided or how much alimony was paid. There has to be a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and there appears no reasonable likelihood that the marriage can be preserved. The residency requirements in Michigan are 180 days in the County 10 days prior to filing the action for divorce.

THE IMPACT OF DIVORCE ON YOUR LIFE

Divorce is a difficult time and there a significant changes that take place. For instance, you lose contact with mutual 離婚協議 friends, and you no longer are involved with the same social groups or organizations. In fact, most persons who go through a divorce feel it is incumbent upon themselves to make a drastic change. This is not recommended. For one to be able to get through such a difficult period it is important that gradual changes are made. A complete break off of mutual friends may be recommended because such contact with those persons may remind one of the difficulties experienced throughout that marriage. It is important for divorced parents not to make too many drastic changes, especially for the sake of their children.

DIVORCE AND YOUR CHILD/REN

Many children of divorced parents are likely to react with anger and to feel a guilt complex. For example, many children will feel that they have been the cause of the divorce and as a result may feel bitterness with both parents. It is your job as a parent to indicate to your child or children that they were not responsible for the breakup of the relationship and it is especially important in the beginning of the separation that parents continue to emphasize this with their children.

Keep you children involved in many of the activities they were involved with prior to the breakup of the marriage. It is especially important to maintain continuity for the children so as to minimize the difficulty in the transition for the children.