See if you Qualify in Michigan
Online Divorce provides qualitative and approved by the court Michigan divorce papers. The information below will help you understand more about the divorce in Michigan.
However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Michigan. We guarantee that in a short time you will receive the correct Michigan divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Michigan:
First of all you need to make sure you have lived with your spouse for at least 6 month.
Next you need to file the court. You file Michigan court if you or your spouse have been living there at least 6 month.
Michigan is a very easy to divorce state. So if you want to divorce just because you can not live with your spouse anymore and there are not any other visible reasons such as adultery, alcohol, drugs or crime, you can get a divorce in Michigan anyway without proving your spouse fault. So according to the Michigan divorce law “a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
You can have fault or non-fault ground. This means you can divorce even if you are the person who ruined the marriage.
4. You need to reach an agreement with your spouse. You do not have to prove your spouse fault, but you can still tell the truth to the judge and this will influence your alimony and property division, so the best way is to agree with your spouse before the court.
5. You must print all the necessary divorce form documents and fill them out. You can sign your agreement and file it with your Michigan divorce papers.
Most of people do not like to fill the forms and blanks as it is not an easy process, so talking about divorce papers we should emphasise that it is a very difficult process as well and it requires time, accuracy and patience. Filing your divorce papers correctly will not only save your time, but also speed up all your divorce process. Online divorce is always ready to help you:
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Fill out all your divorce form documents according to your situation and Michigan law.
6. And the last thing you need to do in order to start your divorce process is to file to the court and hope that your case will be considered first in the line.
Sometimes people think they need to file only the court of the country of their residence, but this is not true. You need to be a resident of the USA and live in the USA for about 10 years in order to file the USA court. But if your spouse is a resident and has been living in the USA for 10 years you can also file all the necessary divorce documents in one of the courts and Michigan courts as well ( if you have been living in this state for more than 6 months).
How to divide property and debts?
This is very important to divide common property very fairly and according to all the little details that create the whole picture. According to Michigan law all the property that was owned by one of the spouse before the marriage is his/her own property. But at the same time all the property that couple has earned during the period of marriage is their common property.
If wife has earned in marriage some of her stuff such as clothes or jewelries it considers as her own property. Not only a house, a yacht and a car are considered as a property. If you and your spouse have retirement benefits and you have gained them during your marriage, they are considered as property as well.
If husband and wife does not have a possibility to agree about the division of their property in a peaceful way the judge will divide it according to the following factors:
Ability of the spouses to earn money.
Quantity of the children the spouses have
Fault of the spouses
Ages of the spouses
Health of you and your spouse
How long was your marriage
Your living conditions during the marriage
Your investment into marital estate
There are people who does not want to divorce as they consider it a big sin and they can not stay together any longer because of broken relations. So there is a way for such couples and it is called separate maintenance.
The main difference between uncontested divorce and separate maintenance is that at the end of the case couples stays married. The spouses divide all their property and children, they do not live together, but at the same time they can not marry again until they get divorce.By the way, if a couple want to get divorce according to the Michigan law they need to file for divorce and start all the process all over again. In case if you want to get a separate maintenance in Michigan you should contact to a clerk from the county where you have decided to file.
Annulment in Michigan
In comparison with the separate maintenance annulment is another way to get a divorce in Michigan in according to the state law.But the main difference of the annulment and separate maintenance is that at the end of the case your marriage is cancelled. Not every marriage can be annulled and you need some particular reasons for it:
Annulment is possible when you and your spouse are close relatives ( such as mother, father, brother, sister, aunt or uncle)
Your spouse was still married when he/she entered the marriage
You or your spouse very too young to enter the marriage ( according to Michigan law you need to be 18 years old to marry or 16 years old if your parents will sign for you)
Annulment is possible if your spouse did not tell you or lied to you about something important (such as his/her health or pregnancy or other issues).
If one person was incompetent or married by force( when one spouse was married in a state of alcohol or drug intoxication or at gunpoint).
Custody of the Child if you divorce in Michigan
During the divorce in Michigan there are several principles which are followed by judges in order to arrange the best conditions for a child. All the judges follow child’s interests, but in each state they emphasise some factors and/or put more weight to the other factors.
Michigan cheep up parent to reach an agreement and to give possibility to a child to spend a lot of time with both of parents, because it is very important for child’s upbringing.
You need to list your minor children in the divorce form documents. ( children under 18 years old)
Interests of child standarts in Michigan state
A period of time the child has been living in a loving atmosphere. If a child loves to stay with his mother and does not want to go to his father’s house, all this circumstances will be used against father.
Moral and physical health of both parents
Ability of the spouses to cover basic needs of a child such as food, clothes, house, medical support, etc.
Child’s relations with the neighbours, school, sport sections or any other hobby just may have. There should be a very good reason to uproot a child as it is very difficult for children to handle changes especially in the period of the divorce of their parents
History of domestic violence ( father hit mother, or father hit a child)
Each parents lifestyle and moral principles
This is not the full list as sometimes judges can consider all the other factors in order to make a right decision.
There can be difficulty when you are entitled to custody and visitation as well.
So all the time you are going to move to another state or 100 miles from your home you need to inform about it to the court as it is very important and can be stressful to your child.
There should be very essential reasons doing this such as new job opportunities, help of your family members, etc.
So if you have decided to relocate you need to give all the necessary information to the court ( your new address, phone number, place of work, etc.)
Rules for Child Support if you divorce in Michigan
When you have got a divorce in Michigan it is very difficult to raise a child and that is why there is a help to cover all the child’s necessary needs ( such as food, clothes, shelter, etc).
This help is called child support.
Usually a parent who cares about a child all the time receives a child support until he/she is 18 years old, but sometimes it can last till he/she is 19, 5. it is possible when a child lives with his parent all the time and attends a college or University and does not work.
On the other hand a parent can receive a child support only when a child is 16 years old if:
- a child moves to another state
- when a child does not live with his/her parent
- when a child starts to work full time and does not need any additional help
Each parent can apply petition in order to Review Child Support
There are some situations when one parent changes his/her job or a workplace or gets a promotion. In this case it is very important to inform to the court about your salary as it may become bigger or less and that will influence a child support as well. Every parent may file a motion in order to change a child support as life is not always the same, there are ups and downs, and all these facts influence the amount of a child support.
SSI and a child support:
SSI ( also known as Supplemental Security Income) this is a program that help blind, elderly or disabled people. So if you are a person receives from a government Supplemental Security Income he will not pay child support. This is because SSI can’t be considered as an income. There are situation when a friend of a court worker makes you pay child support while your only income is SSI. In such cases you need to provide him all the necessary information and explain all the situation.
Michigan laws determines who will pay child support as well as who will be entitled to custody and who will be entitled to visitation.
So in order to make everything in an accurate and correct way there is a special child support calculation which is also called Michigan Child Support formula.
According to this formula such factors play an important role in child support calculation:
The number of supported children
The number of overnights the child spend with each parent during the year
the costs to support a child according to the standard
the income of each of the parents
medical care costs
When one of spouses is ordered to pay a child support he is guided by Uniform Child Support Order( UCSO). This organisation cares about child support issues and controls all the payments that are made by payer such as monthly amount of child support or health insurance, etc.
There are also additional medical expenses when child is ill and the payment for hospital is to high to pay, so the payer should also provide some help to a child if it was uninsured cost and if it is above the amount of the annual medical expenses in a calendar year.
Divorce without a lawyer in Michigan
If you apply for a divorce in Michigan, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Michigan can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
Divorce Forms in Michigan
When you have already decide to get a divorce in Michigan you need to fill some of the following forms such as Request Marriage or Divorce Documents, Divorce Papers, Affidavit of Non Military Service, Waiver of Service, Divorce agreement, and other divorce form documents. Note that if you file wrong Michigan divorce papers to the court, they will be rejected. That is why Online Divorce is always there to help you:
to select correct divorce form documents
fill them out according to the law
Online Divorce will help you to save your time and money
Online Divorce it is a simple, cheap and fast way to finish your marriage.
Divorce agreement in Michigan
It is not easy to reach an agreement in a family when they have decided to divorce. Only very mature and wise people can sit and decide without a lawyer what will belong to one spouse and what will belong to the other one, who will take care about a child or children full time and who will visit child during the weekend. Sometimes people can’t decide it makes a process of divorce in Michigan very long and tiresome.
On the other hand it is nice if you managed to decide peacefully all and questions about your main property and children and have filled the divorce agreement with your Michigan divorce papers, but there could be some difficulties here too. The judge may reconsider your divorce agreement and check if everything is fair and if children will live in a proper conditions. In a such way a law protects people with a weak will and gives both parties the same rights.
If your divorce agreement is well done it will include the next items:
Children: you should decide everything about your children custody and visitation
Property: you need to decide who will get a house or apartment, car, money on the bank account, debts, etc.
Parties: the divorce agreement document should include both husband and wife
Base: in this part you need to explain the reasons of your divorce
Legalese: you need to use an appropriate language
Agreements: You need to include here compensation of the expenses you will spend for your lawyer, taxes and other agreements.
It is possible to use Divorce agreement if:
you communicate with your spouse on a daily basis and he was not away from home;
you and your spouse have a desire to decide everything in a peaceful way and you can reach an agreement without a fight;
you and your spouse have already divided all your property;
you and your partner are ready to meet with your attorney and put some signs on a papers and legalise Divorce agreement.
There are some disadvantages of not signing the Divorce agreement document in Michigan. So first of all if you can’t divide your property between yourself the judge will do it for you. But of course you do not know what he or she will decide and very often people are very disappointed after the court as they did not get what they were looking for. That is why it is always better to provide your idea and decision to the court and there are more chances to get what you want.
Furthermore if spouses are not satisfied with the judge's decision they more likely will spend more money for attorney and the divorce will take longer. It requires time, finances and health. So better to save your energy and money and make Divorce agreement before you file to the court in order to divorce in Michigan.
Some tips for the divorce in Michigan
Many families after divorce experience financial difficulties, because they have spent a lot of money for attorneys and /or they do not have a provider in a family who brings good money to the house.
That is why it is very important to be very wise and when you have discussions about your property do not fight for every single stuff. Sometimes women can not afford to pay the bill for a big house and it is difficult for her to fix it. the same situation can be with a car or yacht, because some stuff you could afford in marriage can become impossible or too expensive for you after divorce.
On the other hand you should not be very altruistic and sign the document without even reading it, because your spouse may use it on his/her advantage and you and leave you without a single cent. Some people also may sign a Divorce agreement very quickly, because they are tired and want to finish all this tiresome process very quickly. The best way is to find a golden middle and sign all the document with appropriate accuracy.
According to the statistics every second divorce in the United States ends with a divorce and every second family file for divorce in Michigan.
Each year we have 1 million of people who have divorced in the USA and this is very sad, because most of people experience financial challenges after divorce as well as mental and health problems.