Summary of Michigan Divorce Law

Initial considerations for Divorce

To file for divorce in Michigan, the spouse who is filing for the divorce must have been a resident of Michigan for at least 180 days and must have resided in the county where the divorce complaint was filed for at least ten days prior to filing.

If the other spouse resides in another state, the Michigan court will be able to grant a valid divorce, but may be limited in its ability to divide property or determine custody and child support. However, it is possible for a spouse who lives in another state to consent to having all divorce-related issues decided by the Michigan court.

Grounds for Divorce

In order to obtain a divorce in Michigan, it is not necessary to establish that one or both parties were at fault in the marriage. A “no-fault” divorce may be granted in Michigan under the grounds of “irretrievable breakdown of the marriage relationship“ if the “objects of matrimony” have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

Division of Property

Under Michigan law, property is either considered to be part of the “marital estate” or “separate property.” Property that is deemed to be part of the “marital estate” is subject to “equitable distribution.” That is, it is split between the spouses in a way that the court deems to be “equitable.” Note that equitable does not necessarily mean equal or 50/50. Rather, it means that property will be split in a way that a court believes to be fair or just.

When the court makes a division of property in a divorce case, "fault" may be taken into account by the court. The court can decide that one party is entitled to more property than the other because one party was at fault in causing the breakup of the marriage.

Assets and debts acquired during a marriage are usually deemed to be “marital property” under Michigan law. Conversely, “separate property” usually includes inheritances received before or during the marriage, assets accumulated prior to marriage or while cohabitating prior to marriage (though depending on the assets were treated during the marriage, it is possible that they could be considered marital property), and increases in value of a separate asset due to “passive appreciation” (for instance, interest).

When dividing the marital estate, the court may consider the following factors to determine how it should be split between the spouses:

• (1) the length of the marriage,
• (2) the contributions of the parties to the marital estate,
• (3) the age of the parties,
• (4) the health of the parties,
• (5) the life situation of the parties,
• (6) the necessities and circumstances of the parties,
• (7) the parties' earning abilities,
• (8) the parties' past relations and conduct, and
• (9) general principles of equity.