To obtain a divorce in Michigan, one of the parties must have been a resident of the state for at least 180 days and of the county in which he or she files for divorce for at least 10 days prior to filing the complaint for divorce. These residency requirements are jurisdictional, meaning neither party can waive them (say, for example, if you only resided in county A for 9 days but nonetheless wanted a divorce in county A).
How do you handle a breakup? In a family law practice, this is a common - and necessary - topic. Family law lawyers handle your emotions just as must as your legal matters. These are inextricable when a family - of any makeup, young or old, children or no children, first marriage or one of many - breaks down. While we are not mental health professionals, we can give you anecdotal advice and tips. Any lawyer who tells you otherwise does not have your best interests - personal and legal - in mind. In addition to consulting with a mental health professional, you should consider the following.
While not all cheating situations are the same, and your family is unique, there are certain details a lot of cheating situations have in common. Do any of these sound familiar to you?
When a party voluntarily reduces or eliminates income and the court concludes that the party has the ability to earn an income and pay child support, it is not error to order support based on the unexercised ability to earn. "When a parent is voluntarily unemployed or underemployed or has an unexercised ability to earn, income includes the potential income that parent could earn, subject to that parent's actual ability." In evaluating whether there is an unexercised ability to earn, the following factors should be considered:
If you are sharing your kids in a court order, there will inevitably be issues. This does not mean the other parent will purposefully hurt you -- though that could, and sometimes does, happen - it means both of you are learning the ins and outs of a two-household situation and there will be differences on opinion.
The Michigan Child Support Formula is based upon the needs of the child and the actual resources of each parent. The objective is to establish, as accurately as possible, the money a parent should have available for support.
While every family -- and, therefore, every family court case -- is unique, there are certain topics we address in all of them. Some may not apply to your case (e.g, if you do not have children), but all of the topics in your case you will find with our PFL Master List: