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Are Stay-at-Home Parents Entitled to Spousal Support in Michigan?
If you have not worked outside of the home in some time and you are considering divorce, you may have concerns about how you will make ends meet without your spouse’s financial contributions. The prospect of reentering the workforce after being a homemaker or stay-at-home parent for many years can be daunting. You may worry that you do not have the job skills or education needed to gain suitable employment. You may also worry about being forced to place your children in childcare when you would rather stay home and raise them yourself. Alimony, or spousal support, may offer financial assistance for divorcing spouses who are not the primary wage-earner, but alimony is not awarded in every Michigan divorce.
When Is Alimony Awarded in Michigan?
There are several avenues through which alimony is awarded in Michigan. You may be entitled to alimony if you and your spouse signed a valid prenuptial agreement or other marital agreement that gives you the right to alimony. You may also receive alimony if you and your spouse can agree to a spousal support arrangement and the court approves of your agreement. Your lawyer may be able to help you negotiate a spousal support agreement or you may reach an agreement through an alternative resolution method like mediation or collaborative law. Unfortunately, many spouses find that getting the other spouse to agree to reasonable spousal support terms is nearly impossible. In this case, you would need to petition the court for a spousal support order.
What Are the Advantages of a "Collaborative Divorce" in Michigan?
The words "collaborative" and "divorce" may seem like opposites. However, many divorcing couples find that it is possible to have a divorce that is respectful and rooted in cooperation. To end your marriage, you will likely need to address several complicated issues including the division of assets and debt, child-related concerns, and alimony. During a collaborative divorce, spouses work with a collaborative team to reach an agreement regarding these issues. Collaborative divorce is not right for everyone, but there are several advantages to using this strategy to end your marriage.
Using Collaborative Law to Resolve Divorce Issues in Michigan
The purpose of the collaborative divorce process is to reach an agreement about unresolved divorce issues in a manner that is cooperative rather than antagonistic. Spouses begin the process by hiring lawyers to represent them. It is crucial to hire an attorney who is experienced in collaborative divorce. You and your attorney will discuss your questions, concerns, and goals regarding the divorce. Next, each spouse and his or her lawyer hold a series of meetings during which they discuss the divorce issues. Your lawyer is there to protect your rights and provide legal guidance so that you can make informed decisions.
Who Gets Possession of the Marital Home in a Michigan Divorce?
The division of marital property is often one of the most important considerations in a Michigan divorce. For many divorcing spouses, one of the top questions is, "Who gets the house?" You and your spouse may be able to reach an agreement about what to do with your house. Mediation and collaborative law are two alternative resolution methods that have helped countless divorcing couples reach property division settlements. If you cannot reach an agreement, the decision regarding possession of the marital home will be left to the court.
Options for Dividing the Marital Home
You and your spouse have several options when it comes to the marital home. You may decide to sell the home and then divide the profits. If one spouse wishes to retain possession of the home, you may decide on a property division arrangement in which the spouse who gets the home "buys out" the other spouse. This is usually accomplished by one spouse retaining possession of the home and the other spouse retaining possession of the marital property of an approximately equal value.
Can I Change My Child Custody Order in Michigan?
The state of Michigan presumes that it is best for children to have both of their parents involved in their lives. Save for situations involving abuse and other issues that could endanger the child, Michigan courts usually favor child custody arrangements that allow parents to share custody. Life is full of unexpected changes, and consequently, parents may need to modify an existing child custody order. Whether you are a divorced parent or an unmarried parent, you can change your child custody arrangement in Michigan but only in certain circumstances.
You Must Show a Significant Change in Circumstances
Child custody is broken down into physical custody and legal custody. Physical custody is where the child actually lives while legal custody refers to a parent’s decision-making authority regarding the child’s upbringing. Michigan courts know that change is hard on children, so you can only modify your child custody order for a very good reason. Typically, the court requires there to be a major change in circumstances to even hear a motion to modify child custody.
Is There a Benefit to Filing for Divorce First in Michigan?
If the relationship between you and your spouse has broken down, you may be considering ending your marriage. However, even if you believe that divorce is what is best for your family, you may be unsure about what will happen during the divorce process. One question that many spouses have is whether being the first to file for divorce will provide them with any advantages. By understanding the divorce laws in Michigan and the type of divorce you are planning to pursue, you can determine whether you should file for divorce sooner rather than later.
Filing for Divorce in Michigan
The divorce process begins when one spouse files a divorce complaint in their county’s circuit court. Since Michigan is a no-fault divorce state, the complaint will not need to specify specific grounds for divorce or a reason your marriage ended. Instead, you will simply need to allege that your marital relationship has broken down “to the extent that the objects of matrimony have been destroyed” and that it is not likely that you will be able to preserve your marriage. Since a divorce complaint will not blame either spouse for the end of the marriage, this may eliminate the need to be the first to file, since neither of you will need to show that the other is at fault for your divorce.
What Are the Benefits of Establishing Paternity for a Child?
All children have two biological parents, but these individuals will not always be considered the child’s legal parents. If a mother is unmarried when her child is born, she and the child’s other parent will need to take steps to establish paternity in Michigan. Doing so can not only provide a child with a sense of identity and belonging, but it can also provide the child and the parents with a number of other legal benefits.
How Is Paternity Established in Michigan?
If a mother is married when her child is born, her spouse will be the legal parent of the child. If the mother got divorced within 10 months before her child was born, her ex-spouse will be the child’s legal parent. Typically, in situations where the mother is unmarried, the child’s father will not be recognized as a legal parent until paternity is established.
What Are My Options for Child Support Enforcement in Michigan?
All parents are required to provide financial support for their children. When parents are married or cohabitating with each other, they will work together to meet their family’s needs and cover ongoing expenses related to their children. However, when parents are divorced or separated, they will usually need to make arrangements to ensure that they are both contributing to their children’s needs. Child support orders will set a monthly amount that parents will be required to pay, and in most cases, the non-custodial parent will make payments to the custodial parent. If a parent has failed to meet their obligations to pay child support, the other parent will want to be sure to understand how they can enforce the court’s orders and receive the support their children need.
Child Support Enforcement Methods
Is Collaborative Divorce a Good Alternative to Mediation or Litigation?
Getting a divorce can be a complex, difficult process, but fortunately, couples have a number of options for how they can approach the decisions they will need to make and the disputes they will need to resolve. While litigating a divorce in court is always a possibility, this is often the last resort since a divorce trial can be lengthy, expensive, and emotionally draining. In most cases, couples will work to negotiate a divorce settlement, allowing them to complete the divorce process without fighting battles in the courtroom. Mediation is one way of doing so, but collaborative divorce is an increasingly popular option for ending your marriage in Michigan.
What Is Collaborative Divorce?
During a collaborative divorce, spouses will work together to create a divorce settlement, and they will each be represented by an attorney who has been trained in collaborative law. At the beginning of the collaborative process, the spouses and their attorneys will sign an agreement stating that they will be honest with each other, negotiate in good faith, and provide any information requested by the other party. To foster the spirit of cooperation and collaboration, the attorneys will agree to withdraw from the case if the couple cannot reach a settlement, and the spouses will need to find new attorneys to represent them during divorce litigation.
When Will Spousal Support Be Awarded in a Michigan Divorce?
If you are getting divorced, you will likely have a variety of financial concerns, ranging from your ability to cover court costs and attorney’s fees, to how your marital assets and debts will be divided, to whether you will be able to support yourself once your marriage has ended. Depending on the income you and your spouse earn, one of you may be required to provide financial support to the other after your divorce. By understanding when spousal support (which is commonly known as alimony) is appropriate and how the amount and duration of payments are determined, you can prepare a post-divorce budget that will allow you to meet your ongoing needs.
Factors That May Affect a Spousal Support Award
Typically, spousal support is awarded if one spouse earns a significantly higher income than the other, and its purpose is to ensure that both spouses can continue living at the standard they became accustomed to during their marriage. In some cases, spouses may agree in their divorce settlement on the amount of support that will be paid, as well as the length of time that payments will last. Couples may also use a prenuptial agreement to specify whether alimony will or will not be paid in the case of divorce.
What Is an Established Custodial Environment in a Child Custody Case?
Whether they are planning to get a divorce, are unmarried, or wish to make changes to existing arrangements, parents will need to address a variety of legal issues during a child custody case in Michigan. When making decisions about these matters, a family court will consider what is in a child’s best interests, and multiple different factors may also be taken into consideration. One of the most important of these factors is the child’s "established custodial environment," which will affect whether changes should be made to existing child custody arrangements.
Established Custodial Environment Under Michigan Law
When creating a new child custody order or determining whether to make modifications to an existing order, a court will look at any existing factors that affect a child’s environment and his or her relationship with parents or others who serve in a parental capacity. A custodial environment may be established if, over an "appreciable" amount of time, the child has developed a relationship with a parent or another person in which he or she looks to the custodian for guidance and support and receives discipline and instruction, and the custodian provides for his or her needs and offers "parental comfort."
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