There are a variety of reasons why marriages break down or fail, leading couples to pursue a divorce. However, this will legally terminate a couple’s marriage, which is an irrevocable step that some couples may not be ready to take. In many cases, couples choose to have a trial separation while they determine whether they can repair their relationship, or they may wish to remain married for religious or cultural reasons. 

Those who want to begin separating from their spouse but do not yet want to get divorced may be considering a legal separation. The laws in Michigan refer to this type of situation as “separate maintenance,” and couples will need to understand the procedures followed in these cases and the legal issues that may affect them.

Understanding Separate Maintenance

If a person is looking to separate from their partner while remaining legally married, they can file a complaint for separate maintenance. This complaint is similar to a petition for divorce, and as with a divorce petition, it will state that the marriage has broken down irretrievably. After being served with a complaint for separate maintenance, the other spouse can admit or deny the grounds cited, or they can file a counterclaim for divorce and begin the process of legally ending their marriage.

There are many reasons that married couples choose to get divorced, and infidelity is one of the most common issues that can lead to the breakdown of a relationship. Because the actions of a spouse who had an affair may be the primary reason for the end of the couple’s marriage, many people assume that this will play a role in the divorce process. However, this is not always the case, and in many divorces, infidelity does not affect the decisions made. If adultery is a reason that you are getting divorced, you will want to understand how it may be addressed during your case.

Grounds for Divorce

Michigan is a no-fault divorce state. This means that when you or your spouse file a divorce petition, you will not need to give a reason for why your marriage is ending. The only legal grounds for divorce that are recognized is “irreconcilable differences.” Your divorce petition will simply make the claim that your marital relationship has broken down beyond repair, and there is no reasonable likelihood that you will be able to preserve the relationship.

Property Division, Spousal Support, and Child Custody

Infidelity may or may not be a factor in the decisions made during your divorce, and in many cases, this issue will only be raised if it has had a significant impact on your finances or your ability to care for your children. When determining how to divide your marital property, these decisions will be based on what is fair and equitable, and most of the time, a person cannot be denied an equitable share of their marital estate as punishment for having an affair. However, if a spouse dissipated marital assets during their marriage, such as by spending money to buy gifts for a lover, this issue may be addressed by awarding the other spouse a greater share of the marital property.

Ending your marriage through divorce will involve multiple types of financial considerations. Determining how to divide your marital assets can often be a complex process, and this is especially true if you are a business owner. A family business or professional practice may be one of your most valuable assets, and it may also be your primary source of income. Ensuring that you can continue to own and operate your business will likely be one of your most important goals during your divorce, so you will want to make sure you understand how to approach this issue.

Is a Family Business Considered Marital Property?

Before determining how ownership of business assets will be handled, you will need to understand whether your business or practice is considered marital property. In general, if the business was founded during your marriage, it will be considered a marital asset, but if you owned the business before getting married, it will be considered separate property. However, even if your business is not a marital asset, you may need to address any increase in value of the business during your marriage. If your spouse contributed to the business, such as by helping manage operations or by investing marital funds in the company, you may be required to reimburse your spouse for these contributions.

Asset Division and Business Interests

If your business is a marital asset, it will need to be considered during the division of marital property. In some cases, spouses choose to sell a family business during their divorce and divide the profits earned. However, this may not be an option for you, so you may need to make other arrangements as you determine how to divide this and other marital assets.

If you are considering divorce or are in the midst of the divorce process, you may be worried about how you will deal with your spouse as you work to legally dissolve your marriage. Since your relationship has broken down beyond repair, it is understandable if the two of you have trouble getting along, but you may want to try to avoid serious conflict and resolve matters as peaceably as possible. Fortunately, your divorce does not have to be an extended legal battle in the courtroom, and you may be able to get through the process more easily by using mediation.

Reducing Conflict Through the Mediation Process

When you use mediation, you and your spouse will meet together with a mediator, who will act as a neutral third party who will help you work together to reach a mutually agreeable divorce settlement. The mediation sessions will consist of informal meetings where the two of you can identify the issues that need to be resolved, discuss your concerns, and reach compromises that you will both be satisfied with. The mediator does not make any decisions but instead will guide you toward compromises while making sure you understand how the law applies to your situation.

After completing your divorce, it is likely that your life will change at some point. If you are looking to pursue job opportunities or live closer to your family members, you may be considering moving to a home in a new city. However, if you share custody of your children with your ex-spouse, you will need to understand how Michigan’s parental relocation laws will apply to your situation. Depending on your circumstances, you may need to receive approval from either your ex or the court where your divorce case was heard before you can relocate.

Parental Relocation in Michigan

If you have sole legal custody of your child, you usually will not need to seek approval for relocation, although you may need to get court approval if you will be moving outside the state of Michigan. However, if you share legal custody with your child’s other parent, you will need to receive approval if you will be moving at least 100 miles away from your current home or to another state. If you already live more than 100 miles away from the other parent, or if your planned move will place you closer to the other parent’s home, you will not need to receive approval for relocation.

When you get divorced, you and your spouse will need to divide your property and assets. During the property division process, you will need to identify all of your assets, determine their value, and reach a fair and equitable agreement for how these assets should be distributed between the two of you. Unfortunately, this process can become more difficult if one party tries to unfairly influence the results by hiding or concealing assets. If you suspect that your spouse has hidden assets from you, you will want to understand how you can uncover this activity and the steps you can take to ensure that your property is divided fairly and equitably.

Methods of Hiding Assets

There are a variety of ways that spouses may attempt to conceal assets that they do not want to divide with their spouse, including:

UPDATE: The information below continues to apply to many divorcing spouses. However, the COVID-19 pandemic has created additional delays in divorce cases. Spouses who are going through the divorce process should be aware that since the beginning of the health crisis, many courts have closed or have restricted the types of cases that are handled through in-person court appearances. In many cases, courts will only hold in-person hearings to address emergency matters. Spouses should check with their attorney and their local court if they need to address these types of emergencies, which may include petitions for orders of protection in situations involving domestic violence or requests for emergency child custody or parenting time orders that address children's safety and well-being. For non-emergency matters, courts may hold virtual hearings or conferences, allowing spouses to address other divorce-related issues without unreasonable delays. As more people become vaccinated, and the risks of infection decrease, courts will likely begin reopening for in-person proceedings, and spouses can work with their attorneys to determine the best ways to approach their case and address any delays.

Most people, once they have concluded that divorce is inevitable, want the whole process to be over and done with as quickly as possible. But what happens if one spouse tries to unreasonably delay the legal process? 

One spouse can definitely drag out divorce proceedings by contesting the divorce and endlessly dickering over settlement terms. But ultimately, they cannot stop a Michigan divorce from happening.  

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.

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.

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.

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.  

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.

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.

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

Parents are required to make all child support payments as ordered by the court. Any missed payments will continue to be owed, and interest may apply until past-due amounts are fully paid. A parent who receives child support may take legal action to enforce the other parent’s obligations. The court may use a variety of methods to collect the amount owed, including:

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.

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.

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.” 

When getting a divorce in Michigan, you will need to consider multiple types of financial issues. As you work to address legal fees and other costs, determine whether you will pay or receive child support or spousal support, and create a new budget that will allow you to cover your ongoing expenses, you should also be sure to understand how your divorce will affect your taxes. Having a thorough understanding of this financial aspect can help you better prepare for the future. 

Tax Implications After Legally Ending Your Marriage

Once your Michigan divorce is finalized, you may need to deal with a variety of tax issues, including:

If your relationship with your spouse has broken down, you may feel that ending your marriage is the best choice for you and your family. However, you may also be worried about a contentious, adversarial divorce and the effects that this process may have on you, your finances, and your children. Fortunately, you do not have to take this approach, and instead, you may wish to use methods such as mediation to reach a settlement that both you and your spouse can be satisfied with. If you are weighing your divorce options, you should be sure to understand how the mediation process will work to determine whether it is right for you.

Benefits of Divorce Mediation

Mediation will allow you and your spouse to work together to end your marriage without the need to resolve disputes in the courtroom. The two of you will meet together with a mediator, who will be a neutral advisor rather than a legal representative for either of you. The mediator will help you understand the issues that you will need to address while guiding you toward decisions that you can both agree on.

2020 has been a hard year for everybody. Even if you or your loved ones have not become sick, the COVID-19 pandemic has likely affected your life in multiple ways. Because of business closures, reductions in working hours, or health concerns, many people have lost their jobs or have had to deal with issues that resulted in the loss of income. If you are struggling financially, you may find yourself unable to meet your child support obligations. If this is the case, you will want to determine how you can avoid legal issues that may affect your relationship with your children and your ongoing financial security.

Consequences for Non-Payment of Child Support

Once a child support order is issued as part of a divorce or family law case, you will be required to make all payments on time and in full. If you do not pay child support as ordered, a variety of enforcement actions could be taken against you. The amount owed may be collected by garnishing your wages or withholding other forms of income, including unemployment payments, workers’ compensation, or Social Security disability. Your future tax refunds could be intercepted, or liens could be placed on your property. Your non-payment will also be reported to credit agencies, causing your credit score to go down.

Failure to pay child support could also result in being held in civil contempt of court. This could lead to penalties such as the suspension of your driver’s license or a professional license, the denial of a U.S. passport, or even time in prison. Your case may also be referred to a criminal prosecutor, and you may be charged with the felony offense of non-support. If you are convicted of these charges, you could face imprisonment for up to four years and fines of up to $2,000.