Frequently Asked Questions about Divorce in Michigan

At an office meeting last week, our team began discussing some of the repeated questions we get from potential clients when they call about getting a Michigan divorce. While our paralegals and assistants cannot give legal advice, our team wanted to understand the answers and learn the law to these questions. As we put together the answers for them, we thought it might be helpful to share the information for people who may have the same concerns and questions.

1.) What Are the Lega Grounds for a Michigan Divorce?

In Michigan, the grounds for divorce are straightforward: there has been a breakdown in the marriage. It is not necessary to prove “fault” or who caused the divorce. While emotions certainly run high in many cases, one of the important things we consistently reiterate to our clients is what truly matters in the eyes of the law. We find that helping our clients focus on the legal issues the court will truly care about helps reduce the anxiety and emotions that can surround divorces. It also leads to better results. We believe in moving the ball forward for our clients. As a result, we are very honest with our clients about what is truly a concern and what needs to be off their mind.

2.) What is the Typical Length of a Divorce in Michigan?

In Michigan, the absolute minimum amount of time for a divorce is 60 days. When there are minor children involved, the law dictates that a divorce is a minimum of 6 months long, however, this period of time can be shortened depending on which judge is assigned the case. Some judges are willing to allow couples to divorce faster than 6 months; some are not. We are happy to tell you what to expect about the judge assigned to your case.

3.) What is the Difference between Marital and Separate Property?

Overall, marital property includes all assets acquired during the marriage and must be divided during a divorce. Property that is considered separate will not be divided and will instead be left with the party who is the rightful owner. To determine what is marital versus what is separate is highly specific to each case. The first place to start is determining whether there is a prenuptial or postnuptial agreement that dictates what is to be divided and what is considered separate. If there was a valid prenuptial or postnuptial agreement, the determination about how to divide assets may be pre-determined. If there is not a valid agreement, it is critical to find out the value of the asset before the date of marriage and the value of the asset at the present time.

• Retirement Accounts: The accumulation of money in a retirement account, for example, will be divided whereas the balance earned prior to marriage will not.

• Marital Home: If one side owned the marital home that the parties lived in, the analysis will be more complicated. Other considerations will come into play such as improvements that were made to the home during the marriage. This may make what could have been a separate asset now a marital asset.

• Inheritances and Gifts: Other things like inheritances and gifts will depend on where the money was placed. If the party kept it in a separate account, it will most likely be considered separate. On the other hand, if the money was placed in a joint account and comingled with other money, it will likely be subject to division.

One thing is certain about every case: any person considering divorce will need a personalized analysis.

4.) How Can a Parent be Certain to Have Custody of their Children?

In Michigan, the Court will analyze what is in the best interest of the minor children by determining specific factors. Overall, we tell our clients that the Court is most likely to continue what the children are used to. If one parent has been the clear primary parent, that is likely to continue after a divorce. Custody is also always subject to change. The Court will not make a permanent determination that will remain in place forever.

If there is a change of circumstances, a parent can always file a motion with the court while it has jurisdiction of the children. All things regarding the children including child support, parenting time schedules, and custody of the children are always subject to modification if a change of circumstances takes place. The best thing parents can do, however, is work out the terms of custody and parenting time together. There is no question that the courts can ever know a child as well as the parents, and the courts prefer to see parents work together to decide this issue for their family.

5.) Is there a Bias in Michigan for the mother in a Custody Dispute?

No. In determining what is the in the best interest of the children, the court is most likely to rule in a manner consistent with what the children are used to. For example, if the children spend the majority of their time with one parent, the court is most likely to continue that. If the children have always spent equal amounts of time with both parents, the court is likely to continue the children spending equal amounts of time between the parents.

There is no doubt that some judges do have trends with how they are biased to decide custody issues when they are left to make the decision. Again, we encourage our clients to work with the other side – a judge will never have the time to learn about and know the children better than the parents.

6.) How Much Does a Michigan Divorce Cost?

At the Bloomfield Family Law Firm, we charge by the hour for our time. We charge a retainer in advance that we place in a trust account, and the office bills against the retainer as work is completed on the case. When we meet with a person who wants a divorce, we can tell them what to expect. The bottom line is that cases which involve more conflict and fighting will cost more, as they take more time. We have many cases, however, where the parties decide what they want and spend far less in terms of attorney fees.

Unfortunately, who the opposing party hires as their lawyer to represent them often makes a difference in the cost of the divorce. There are lawyers who have reputations for excessively billing and not resolving conflicts to increase their legal bills. There are also plenty of lawyers who are realistic and honest with divorcing clients. We find that most of our business comes from people we have previously helped through their family law issues. As a result, we work hard to make sure our clients are happy – we appreciate the referrals from past clients.

If you are thinking about a divorce or have questions about a family law issue, please call our office to set up a consultation where we can talk about the specifics of your case. We are happy to give you a realistic look at what to expect.