- What is family law?
- What are the different types of marital dissolution available in the State of Michigan?
- What is divorce?
- Is there a residency requirement to filing for divorce in Michigan?
- What is the difference between an annulment and a divorce proceeding?
- What is separate maintenance?
- What is child custody?
- What is spousal support?
- What is child support?
- What is paternity?
What is family law?
This area of law encompasses issues relating to marriage, divorce, spousal support, child custody, child support, paternity, and adoption. Attorneys such as Robert B. Relph with experience in family law issues are known as family lawyers.
What are the different types of marital dissolution available in the State of Michigan?
Divorce, separate maintenance, and annulment are the three types of marital dissolutions available in State of Michigan.
What is divorce?
Divorce is defined as the legal dissolution of a marriage and is considered as a last resort for legal separation. Issues associated with divorce can include spousal support, child custody, child support, and distribution of the marital property. Michigan is a "no fault" divorce state, which means that the spouse petitioning for a divorce is not required to assert marital misconduct or "fault," but instead may declare that a breakdown of the marriage relationship has occurred and that there is no reasonable likelihood that the marriage can be preserved. If you are looking for help with a divorce, choosing an experienced family lawyer is the first step.
Is there a residency requirement to filing for divorce in Michigan?
Yes. To file a complaint for divorce in Michigan, an individual must have resided in Michigan for 180 days, and in the county where the case is filed for a period of 10 days immediately preceding the filing of the divorce complaint.
What is the difference between an annulment and a divorce proceeding?
An annulment proceeding seeks a judicial ruling that a valid marriage never took place due to some defect that existed at the time the parties were married. By contrast, the purpose of a divorce proceeding is to terminate a valid marriage for reasons that occurred after the parties entered into the marriage. Unlike divorce proceedings, which in Michigan do not require a showing of "fault," in order to obtain an annulment, the petitioning party must show one of the following grounds: bigamy, fraud, insanity of one of the spouses at the time of the marriage, underage, sterility or impotency, or marriages between parties related by blood or marriage.
What is separate maintenance?
In Michigan, separate maintenance is a legal proceeding that declares the rights and responsibilities of the parties without actually dissolving the parties' marriage.
What is child custody?
Child custody addresses who has custody of the parties' children after a divorce or separation. Custody awards are based on the best interest and welfare of the child, which has priority over the rights, claims, and personal desires of the parents. Even the wishes of the child, if opposed to its own welfare, do not have priority over the determination of the child's best interests. Under Michigan law, parenting time is granted in accordance with the best interests of the child. Legal custody refers to the parent who has legal responsibility for making decisions for the child's interest, while physical custody refers to the parent who takes physical care of the child. The term "sole custody" means that only one parent has responsibility and authority with respect to the parties' child, including decisions regarding the child's education and medical treatment, while "joint custody" indicates that both the mother and the father have responsibility and authority with respect to decisions regarding their child.
What is spousal support?
Spousal support is a payment from one spouse to another for support after a divorce or during a legal separation. In Michigan, spousal support may be awarded in gross (a term meaning a fixed amount, also known as a lump sum, that is less intended as maintenance for the receiving spouse, and instead is in the nature of a property division) or through periodic payments. A court's decision to grant or deny spousal support is based on the circumstances of each unique case. Factors considered by the court in awarding spousal support may include the following:
- past relations and conduct of the parties;
- length of the marriage;
- ability of the parties to work;
- source and amount of property awarded to the parties;
- age of the parties;
- ability of the parties to pay spousal support;
- present situation of the parties;
- needs of the parties;
- health of the parties;
- prior standard of living of the parties and whether either is responsible for the support of others.
Additionally, courts in Michigan may grant temporary spousal support, through which either the husband or the wife is required to pay funds necessary for the maintenance of the other party while the divorce action is pending. Awards of permanent spousal support may not be revised absent a change in circumstances, including a change in the health of the spouse, the death of a spouse, remarriage, or fraud.
What is child support?
Child support is a payment made from one spouse to another for support of the parties' children after a divorce or separation. Child support payments are determined by several factors, including the needs of the children, income of the parent with custody, income of the parent without custody, and the standard of living before the divorce. In Michigan, the amount of child support is determined by the court by application of the child support formula developed by the Friend of the Court Bureau of the State Administrative Office, Family Service Division. Support orders may include amounts for the educational expenses of the minor child; in addition, a court may order a parent to pay all medical, surgical, and dental expenses of the child, as well as require the parent to maintain life insurance for the benefit of the child for so long as the parent is obligated to pay child support. A court may enter a child support order in an amount that is different from the child support formula if the application of the formula, under the facts of the case, would be unjust or inappropriate.
What is paternity?
Paternity addresses the process of identifying and recognizing an individual as the father of a child. Paternity can be important when trying to establish child support payments. The birth of a child during wedlock creates a presumption that the mother's husband is the natural father of the child. Strong evidence is required to overcome the presumption that a child born during wedlock is the child of the mother's spouse.
