No. Michigan is a no-fault divorce state. That means you are entitled to seek a divorce without having to prove that your spouse was at "fault." However, fault can be an important element of your divorce case, because it may have a bearing on how property is divided, or whether and how much spousal support is awarded. Each case is unique and must be evaluated on the specific facts.
A divorce in Michigan cannot be granted in less than 60 days. If there are children, then the waiting period is six months. Sometimes, the judge will waive the six-month waiting period, if that appears to be in the children's best interests. However, as a practical matter, any divorce involving children, real property (e.g., a marital home) and other assets will likely take between six months and one year to complete.
The cost of a divorce will vary, but certainly the more the parties agree on, the less costly it will be. For instance, if the parties cannot agree on custody and parenting time, or on whether spousal support should be paid, this will complicate the proceedings and will invariably add to the cost of the divorce.
Oftentimes, I am asked whether the judge will "blame" the party that files for the divorce. The answer is a resounding "no." In my opinion, it is always best to be the first to the courthouse in a divorce case. If my client is a secondary wage-earner or stay-at-home parent, filing first enables me to enter court orders at the time the divorce is filed that (a) protects marital assets and (b) ensures the continued support of the household. If my client is the primary wage-earner, filing first ensures that an overly-burdensome support order is not entered without an opportunity to present the case to the judge.
Child support in Michigan is calculated based on the Michigan Child Support Formula, which can be downloaded from the Internet. You will find the link on the "links" page of this website. Generally, it is based on the relative incomes of the parties, and is paid to the custodial parent.
Michigan does allow awards of alimony (now more commonly referred to as spousal support). A number of factors are considered to determine if spousal support is appropriate, including length of the marriage, ability of the parties to work, the parties' ages, the parties' health and financial needs, among others. Sometimes spousal support is substantial and permanent. Sometimes it is temporary or "rehabilitative" to permit a former spouse time and opportunity to obtain job skills. Each case must be assessed on its own merits.
While it is not for everyone, facilitative mediation is a viable option for many clients. Please refer to "Private Facilitative Mediation," which is featured on this website.
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