Divorce can be emotionally and financially challenging, and while it has become more socially accepted, ending a marriage still involves significant decisions that affect your future and your children's future. 

Common Grounds for Divorce

Michigan is a no-fault divorce state meaning you do not have to prove wrongdoing by your spouse.  The only requirement is that the marriage has irretrievably broken down, which means the couple cannot live together and there is no reasonable chance of reconciliation.  You do not need to show misconduct to obtain a divorce. 

Uncontested and Contested Oakland County Divorces

Divorce cases in Michigan can be either uncontested or contested, and the process differs depending on the circumstances. 

An uncontested divorce case is when both parties agree on property division, spousal support, child custody, and child support.  These divorces typically move quickly through the Family Division of the Circuit Court in the county where you reside. 

If the parties disagree on any issues, the case becomes contested.  Courts typically order the parties to attend mediation or another alternative dispute resolution process to help couples reach an agreement without a lengthy trial. 

Property Division

Property division is a key part of any divorce.  Michigan distinguishes between marital property and separate property.  Marital property is assets and debts acquired during the marriage, including real estate, bank accounts, investments, vehicles, furniture, retirement accounts, and artwork. 

Separate property is property owned before the marriage or received as a gift or inheritance.

Michigan uses equitable division, which means property is divided fairly but not necessarily equally. 

Spousal Support in Michigan

Spousal support, sometimes called alimony, is intended to prevent an unfair economic division for one spouse after divorce.  The parties can agree to spousal support, or the court can order it. Factors the court considers include age, education, length of marriage, potential to earn, and the difference between earning capacities.  Furthermore, spousal support may be temporary or long-term, depending on the circumstances.

Child Custody in Michigan

Child custody decisions focus on the best interests of the child.  Courts generally encourage both parents to remain actively involved in their child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights.

Child Support in Michigan

Both parents have a legal obligation to support their children financially. When one parent has primary custody, the court may order child support using the Michigan Child Support Formula. This ensure children maintain a consistent standard of living and that financial responsibility is shared fairly.

Get Expert Guidance from a Michigan Divorce Attorney

Divorce is a complex process, and the decisions you make will have long-term consequences for you and your family.  The experienced lawyers at McGinnis Chiappelli, P.C., can help you understand your rights, explore your options, and navigate every step of the process.  You do not have to face divorce alone. Contact us online or call us directly at (248) 643-6002 to schedule a Free Initial Consultation today.