Dealing with family issues including divorce, child custody and support issues can be very difficult. Under Michigan law, there is no requirement that one partner be found at fault to file for divorce. Overall, once the parties go to court, the final divorce decree may not be issued for up to six months.
Under Michigan law, when you file for divorce, you must first have resided in the state for a minimum of six months and live in the county for at least 10 days prior to the divorce filing. If couples cannot agree on property division, custody and other issues, the process could take significantly longer.
Under the Child Custody Act of 1970, if the parents cannot agree on a parenting plan and custody arrangements, the court will take a number of factors into consideration based on what is in the best interest of the child involved. While the preference of the child may be taken into consideration, it is not given additional weight over the other factors the court will use in making this determination.
In all cases, the court will make a determination regarding how much support each parent would contribute to the support of the child if the parents remained together. In some cases, non custodial parents could receive child support payments from the custodial parent, particularly if their income is substantially higher.
Michigan courts will evaluate a number of issues in order to determine if and when spousal support payments will be awarded. In addition to the income of the persons involved, the court will also evaluate payments based on the length of the marriage, earning power of each party as well as other factors.
Guardian Ad Litem
In some cases, during a divorce proceeding, it may be necessary to have a guardian appointed for a child. While the guardian is representing the best interests of the child, they do not have any control over the child during the proceeding; their involvement is simply to represent the child’s best interest.
If you are a resident of Kent County, Ottawa County, Allegan County, Muskegon County, Kalamazoo County, Ionia County, and Newaygo County or other Grand Rapids, Michigan areas, you need a skilled family law attorney to represent your interests during a divorce proceeding. Contact The OWL Resource Group at (616) 633-1371 and we will work with you to protect your rights during a divorce proceeding.