If you divorce, you may have questions about whether you should date during the divorce.
Either you or your spouse must have lived in Michigan for at least the last six months before filing.
You must file your divorce in circuit court in the county where either you or your spouse has lived for at least ten days before filing. Most people file in the county where they live, but you do not have to. You can file where your spouse lives. Your spouse doesn't have to agree to give you a divorce. You can get a divorce even if you are the person who did something that made your marriage end.
You do not need to have a legal separation or even be living apart to file for divorce. It means that it is very unlikely that you and your spouse can work things out. The judge can consider fault in making decisions about spousal support alimony and dividing property.
Separate maintenance is sometimes called legal separation. It is similar to divorce, but you are still married at the end of the case. There will be decisions in your case about custody, parenting time, and child support.
What is an uncontested divorce in michigan?
Marital property and debt will be divided, and spousal support may be ordered. If you file a complaint for separate maintenance and your spouse files a counterclaim for divorce, the judge must consider the case a divorce. You might file a separate maintenance case because you have a religious objection to divorce or want to stay married for other reasons.
An annulment is a court decision that a marriage did not happen.
What can be the consequence of dating during divorce?
You can only get an annulment in certain situations. The legal reasons for annulment include bigamy, mental incompetence, age, or relationship of the parties. You can also get an annulment if your spouse used force or fraud to get your agreement to marry. When you get a divorce, the judge will end your marriage and the legal benefits that come with it. Property or debt that you get during your marriage is usually considered marital property. Marital property may include real estate, pensions, insurance, retirement s, and investment s, among other kinds of property.
One form of legal separation in michigan is a separation agreement
Michigan law says marital property and debt must be divided fairly. In most cases, this means dividing them evenly. Separate property is property owned by one spouse before the marriage, or property inherited by one spouse during the marriage and kept separate from the couple's other assets. The owner of separate property usually keeps it. If you or your spouse asks for spousal support and you can't reach an agreement, the judge will also decide this issue.
Spousal support is not always awarded. When it is awarded, it can be temporary or permanent. When deciding whether to award spousal support, the judge will consider these factors:. If you and your spouse have minor children together, the following issues will be decided in your divorce:.
There are two types of child custody: legal custody and physical custody. Legal custody means the right to make important decisions about your children such as school, religious, and medical decisions. Physical custody refers to whom your children live with. Both legal custody and physical custody can be sole or t. Sole custody means only one parent has that type of custody. t custody means the parents share that type of custody.
If parents have t legal custody, they both have the right to weigh in on important decisions about their children. If parents are not able to talk and make decisions together, the judge will probably award one parent sole legal custody. If parents have t physical custody, the children live with each parent at different times. If one parent has sole physical custody, the other parent will normally have parenting time visitation. Once physical custody is determined—t or sole—parenting time must be established. Parenting time is the term used in Michigan for the time spends with each parent when parents do not live in the same home.
When one party is awarded sole physical custody, typically that parent has a substantial amount of parenting time or time with the child, and the other parent has less. Parenting time can be granted for specific dates and times, or it can be "reasonable parenting time.
With reasonable parenting time, if there is a conflict about parenting time, you would need to come back to court and file a motion. If you have specific parenting time, that means there is a specific schedule. Your parenting time schedule should meet the needs of your child, you, and the other parent.
Steps in a michigan divorce
If you cannot agree on a schedule, you may get a court-ordered schedule instead. In many cases, parents are able to agree to a specific parenting time schedule without the court's involvement, or with the help of the Friend of the Court. If the judge approves the agreed-upon schedule, it becomes part of the court order. The Parenting Time Guideline created by the Friend of the Court Bureau is a helpful resource for parents who need to put together a parenting time schedule. The Guideline includes sample schedules you can use as a starting place to create your family's schedule.
It also has information about the developmental needs of children at different ages in connection to parenting time. The Guideline addresses specific topics such as long distance parenting time, parenting time with a parent who is in prison, and how to address domestic violence situations.
But in some cases it might be inappropriate for a parent to have parenting time, such as with a parent who is violent or irresponsible. In some cases the judge may order parenting time to be supervised by a third party. Child support is calculated using the Michigan Child Support Formula. The formula is based on many factors, including the income of both parents, the of children, and the of overnights the child spends with each parent. Child support usually ends when turns support order also includes amounts for medical and child care expenses and specific information about which parent will provide health insurance for the children.
To learn more about child support, read Child Support in a Nutshell. In some counties, you and your spouse will meet with an FOC evaluator or caseworker while your divorce is pending. The worker may interview you, your spouse, your children, and other people who may have information about your case.
The worker will also ask you for information about your income in order to calculate child support. The Friend of the Court may try to help you and your spouse agree on custody and parenting time. If you can't reach an agreement, the FOC will likely make a recommendation to the judge.
The recommendation is not a court order, but it will become a court order if the judge s it. Before this happens, you will have a chance to object to the recommendation.
How can dating affect your divorce?
To learn more, read Friend of the Court Overview. A divorce case begins when you file a summonsa complaint, and other required papers with the court. You can prepare the forms you need with the Do-It-Yourself Divorce tool. After you file your forms in the court clerk's office, you must have your spouse served with the papers. Service is usually done by having another person give the papers to your spouse in person or send the papers to your spouse by registered or certified mail.
To learn more, read How to Serve Divorce Papers. Your spouse may file an answer to your divorce complaint. The answer should respond to each paragraph of your divorce complaint. In the answer, your spouse should tell you and the judge which parts of your complaint they agree with and which parts they disagree with. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.
If your spouse doesn't file an answer, or if you agree on all of the terms of your divorce, you have an uncontested divorce. The terms of your divorce must still be reasonable and must follow the law. If you and your spouse have children together, there is a six-month waiting period before your divorce can be finished. The waiting period begins when you file your divorce, even if you and your spouse were separated before that.