Michigan Family Law General Questions
Here at Goldman and Associates, we receive hundreds of questions from people all the time. That is why we have created a Youtube channel where we upload daily videos on various topics and matters regarding Michigan Law. Goldman and Associates have over 400 videos on Youtube, informing the public about everything relating to Michigan Law. In this blog, we will be going over a general overview of the most common questions asked from clients.
GENERAL FAMILY LAW Q AND A
What Does A Valid Legal Marriage Require?
A valid marriage in Michigan requires a marriage license and solemnization. The license must be acquired first. No blood tests are necessary, but you will be given educational materials on HIV and other STD’s. After applying for the license, there will be a 72 hour waiting period before you actually receive it.
A valid solemnization is simply a ceremony performed by a valid officiator. Any of the following can perform a valid marriage in Michigan:
- An ordained minister (Priest, rabbi, imam, etc.)
- Judges
- Court clerks
- Justices of the peace
- Mayors of Michigan cities
- Any civil officer with the power to administer and enforce the law.
Now that I am in the process of getting married, what can I do now to increase my odds of getting what I want in the event of a divorce?
It can be unpleasant to think about your happy marriage ending in a divorce, but sometimes that foresight is rewarding. If you find yourself contemplating such things, there are a couple of things that you can do now to hedge your bets.
- Keep accurate documentation of all of the family finances. This is the information that will be used to determine spousal and child support, as well as the division of property. The last thing you want to do is leave that information ambiguous thus allowing your spouse and their attorney to submit their own numbers which might be more favorable to them
- Take care how you allow the parental duties to be divided. If you are dead set on getting sole custody or joint custody, the last thing you should ever do is allow your spouse to be the only direct caregiver and relegate yourself to being the breadwinner. Shared parental responsibilities generally result in more equal shared custody in the event of a divorce.
- If you and your spouse have any preferences about how a hypothetical divorce should take place, then you should record those preferences in a premarital agreement (also known as a pre -nuptial agreement or a prenup). A divorce judge is likely to make this agreement into the final divorce order even if the normal rules and standards for deciding the many facets of divorce would normally direct them to do something different. The only exception is child custody (and to a lesser extent child support) which will be determined primarily by the best interest of the child.
What Is a No Fault Divorce?
No-fault divorce means that you do not have to show any wrongdoing on the part of your soon -to-be former spouse in order to get a divorce. Just the basic requirement (a marriage broken beyond repair) is all that you need. However, fault may become relevant if any aspect of the divorce is contested.
If there is fault with one of the parties, and the judge decides to consider that fault in the divorce judgement, that party may get a less favorable outcome in terms of division of assets, alimony, or child custody. If the divorce is uncontested (see the question below), you will most likely be unable to use that person’s fault against them.
How Do I Start A Divorce?
To get the ball rolling, you need to file a complaint for divorce with the clerk at the family court. The complaint alleges basic facts about your divorce. It will also contain your initial proposal for the conditions of the divorce such as property division, custody, support, etc. This document should include the grounds for your divorce.
In order to file for divorce in Michigan you must be a resident of the state for at least 180 days (six months) and a resident of the county where you file for divorce for at least 10 days. After the residency requirement is met, and you file for divorce, you will be subject to a mandatory waiting period before the divorce may be finalized.
The waiting period is 60 days (two months) from the time papers are served if there are no children, 180 days (six months) if there are children. These are just the minimum timeframes, a contested divorce might take even longer.
Conclusion
We have covered the basic questions that most people have about divorce and custody. If you have any more questions make sure to check out our Youtube channel or give our office a call. It takes a professional to get the results that you want. The process requires the right attorneys so that you can get the outcome that you want. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.
For more information on divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.
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