• Divorce laws set forth the process by which spouses separate their lives.ring image by Jens Klingebiel from Fotolia.com
  
  Divorce can be stressful for both spouses, especially when children are involved. State legislatures passed divorce laws to simplify the process. Michigan’s divorce laws provide a checklist that sets forth residency requirements, grounds for divorce and a waiting period, as well as the process by which spouses will separate their lives.
  
  

Filing Requirements

• Michigan courts can hear a divorce proceeding as long as one spouse has been a state resident for at least 180 days. The filing spouse, the plaintiff, must file a Complaint for Divorce in the circuit court in one spouse’s county of residence. The spouse must have been a county resident for at least 10 days. Michigan recognizes no-fault divorce, so section 552.5 of Michigan Compiled Laws requires that the petition simply state that the marriage has suffered a “breakdown” and that there is no chance for reconciliation.
  
  

Equitable Distribution

• When spouses divorce they are entitled to maintain individual ownership of their separate property, anything acquired before the marriage. All other property is marital and is divided according to “equitable distribution,” as defined by Michigan Compiled Laws section 552.19. Courts divide assets fairly based on each spouse’s role in acquiring and improving the property.
  
  

Spousal Support

• If one spouse is unable to financially support herself, the other spouse may be required to pay alimony or spousal support. A court will set the award based on: (1) the requesting spouse’s financial situation, (2) the other spouse’s ability to pay, (3) the duration of the marriage, (4) any marital misconduct leading to the divorce, and (5) the requesting spouse’s ability to maintain employment.
  
  

Custody

• When child custody is at issue, Michigan courts prefer to award joint custody to allow both parents to raise the child. Courts decide custody according to the “best interests of the child” standard. Factors are set forth in Michigan Compiled Laws section 552.16 and include: (1) the child’s wishes, (2) the stability of the child’s current home life, (3) the child’s relationship with each parent, (4) each parent’s ability to provide a loving and stable home environment, (5) each parent’s ability to provide sufficient clothing, food and medical care, (6) whether either parent may interfere in the child’s relationship with the other parent, and (7) any history of domestic violence and child abuse.
  
  

Divorce Decree

• In Michigan, spouses without children can get a divorce in no less than 60 days. However, if children are involved, the waiting period for a final divorce decree increases to 6 months.