When you are facing a divorce in Michigan, it can be a complicated and emotional process. There are a lot of questions, concerns, and pain involved on both sides. When there are children involved, it can make the process that much more complicated.
Having an experienced divorce attorney to help with this process is the first step that you need to take when you are facing a situation like divorce.
Here are a few basic pieces of information that can help give some clarity as you start this process.
When a person files for a divorce in Michigan there doesn’t have to be a specific reason. Michigan has a “no-fault” divorce which means that a person doesn’t have to prove there was cheating, abandonment, cruelty, or anything else to warrant the divorce. You can even file for divorce when you are the person that acted in a way that caused the marriage to end.
Divorce When Children Are Involved
In Michigan, you don’t have to prove that a person is at fault to get a divorce, it does become an important piece when there are children are involved. A judge can consider fault when the two parents disagree about custody of the children or about how to divide the property. Therefore, the spouse behavior can become an issue when resolving divorce.
The court will decide which spouse the children will live with, what the parenting time arrangements will be, and how much financial support each parent will provide. The issue of claiming a child as a dependent on taxes returns will also be decided in the courts.
When a parent takes custody, there are two components that are involved. The first is legal custody. That means that parent has the right to make important decisions about the children. Issues like religion, non-emergency medical decisions, and where to attend schools are examples where legal custody decisions are concerned. Physical custody simply is referring to where the children will physically live.
The court can give join legal joint custody to both parents if they are able to come to an agreement. However, if the parents are not able to take and make decisions together, the court will probably aware one parent sole legal custody. The court makes the decision about custody based on what is in the best interest of the children.
Best Interest of the Child
When deciding the custody for children in divorce case, there are 12 factors that are considered when making of what is in the best interest of the child. The court will ask questions regarding bonding, which parent stays home when child is sick, how stable are the parent’s jobs, which parent provides health insurance are just some questions the court might ask. Questions will be asked in each category, but no one factor is weighed more heavy than the other.
Seek Legal Advice
When you are facing a divorce, if you want it or not, you need to have legal representation. Having an experienced divorce attorney to walk you through the process is important, especially when there are children involved. Family law is one of the areas that we specialize in, and we would love to talk with you. Please contact us today.
You Might Also Like to Read:
- Divorce in Michigan: All About Child Support
- Divorce in Michigan: How Parenting Time is Determined
- Divorce in Michigan – ‘Best Interest of the Child’ Factors
- Divorce in Michigan – ‘Best Interest of the Child’ Factors – Part 2
- Divorce in Michigan – Custody of Minor Children
- Divorce in Michigan with Children – How Will They Be Affected Legally?