Getting a divorce is one of the most difficult decisions that you have will make in your lifetime. It will be an extremely stressful and emotional time. But once you have made the decision that a divorce is inevitable–it is important that you have an attorney that you can turn to assist you in navigating the court system and process.
Filing for a divorce in Michigan. A party who has resided in the state for 180 days or more may file a Michigan divorce action. The party files the suit in the county of residence, as long as he or she has resided there for ten days. There are many things to consider when going through a divorce, even if the divorce is uncontested: such as child custody, parenting time, child support, spousal support, alimony, and property division and division of debt.
A divorce may be contested or uncontested. Uncontested means that the two of you agree on all the issues necessary to issue a legally enforceable dissolution of the marriage. The court's role is typically minimal. Courts will enforce arrangements that both parties agree to. An uncontested divorce may be faster and less expensive to complete. Contested means that the two of you do not agree on one or more issues. The court must intervene to help the parties reach an agreement.
Raising and being with your child as much as possible is important. It is also important that your child has a consistent schedule, something that your child can depend upon. In Michigan, it is presumed to be in the child's best interests to have a strong relationship with both of their parents. The child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that parenting time would endanger the child's physical, mental, or emotional health. Parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and their parent. It should be on a regular schedule with specific consistent starting and ending times for the ease of the parties and child in planning their schedules.
Being able to properly support and care for your child financially is important. You need to make sure that you are either receiving the correct amount of child support or that you are paying the correct amount. Michigan law provides that children have the legal right to be financially supported by both parents. Michigan uses the Michigan Child Support Formula to calculate child support. The court must order support according to this formula unless the result would be unfair or inappropriate.