Family Law Laws in Michigan

Family Law Law in Michigan: Overview

Michigan family law is governed by Michigan Compiled Laws (MCL) Chapter 552 (Divorce). Michigan is a purely no-fault divorce state, permitting dissolution only on the ground that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. The state follows equitable distribution for property division and uses the income shares model for child support. Michigan applies the best interests of the child standard for custody under the Child Custody Act (MCL 722.21 et seq.), which contains 12 specific statutory factors. The state requires a minimum six-month residency period and imposes a 60-day waiting period (or 6 months if minor children are involved). Michigan courts have broad discretion in awarding spousal support and consider fault as a factor in property division.

Key Statutes & Deadlines

Twelve Best Interest Factors for Custody

Michigan's Child Custody Act at MCL § 722.23 contains 12 specific factors courts must evaluate in custody disputes: (a) the love, affection, and emotional ties between the child and each parent; (b) each parent's capacity and disposition to give the child love, affection, and guidance; (c) each parent's capacity to provide food, clothing, medical care, and other material needs; (d) the length of time the child has lived in a stable environment; (e) the permanence of the proposed custodial home; (f) the moral fitness of the parties; (g) the mental and physical health of the parties and child; (h) the child's home, school, and community record; (i) the reasonable preference of the child (if old enough); (j) the willingness of each parent to facilitate a close relationship with the other parent; (k) domestic violence; and (l) any other relevant factor.

Fault in Property Division

Although Michigan is a no-fault divorce state, fault may be considered as a factor in the equitable distribution of marital property. Michigan courts have recognized that the cause of the divorce and each party's conduct during the marriage are relevant considerations in property division. The Michigan Supreme Court has established several factors for equitable distribution, known as the Sparks factors, including the duration of the marriage, the needs of the parties, the earning ability of the parties, the past relations and conduct of the parties, general principles of equity, the source of the property, and the contribution of each party to the joint estate. This means that marital misconduct, such as adultery or financial irresponsibility, can influence how property is divided even though it cannot be used as a ground for divorce.

Extended Waiting Period with Minor Children

Michigan imposes different waiting periods depending on whether minor children are involved. For divorces without minor children, the waiting period is 60 days from the date of filing. For divorces with minor children, the waiting period is extended to six months (180 days) from the date of filing, though the court may reduce this to 60 days for good cause shown. This extended waiting period reflects Michigan's policy of encouraging reconciliation when children are involved and ensuring that the parties have adequate time to address the complex issues of custody, parenting time, and child support. The waiting period cannot be waived entirely in cases involving children.

Michigan Court System

Family law cases in Michigan are heard by the Circuit Courts, which are the state's trial courts of general jurisdiction. Michigan has 57 judicial circuits covering 83 counties. Many larger circuits, such as Wayne County (Detroit) and Oakland County, have dedicated family law divisions. Michigan uses Friend of the Court offices in each county, which are unique court services that investigate, mediate, and make recommendations in custody, parenting time, and child support cases. The Friend of the Court also assists with enforcement of support orders. Appeals from Circuit Court family law decisions go to the Michigan Court of Appeals and may be further reviewed by the Michigan Supreme Court. Michigan courts may also appoint guardians ad litem in custody disputes.

Damages & Penalties

Michigan courts divide marital property equitably, considering factors including the duration of marriage, the needs of the parties, their earning abilities, past conduct, and the source and contribution to the joint estate. Fault in the breakdown of the marriage may influence property division. Spousal support (alimony) may be awarded based on factors including the parties' past relations, their financial abilities, the needs of the parties, the health of the parties, the prior standard of living, the contribution of each party to the joint estate, fault, and the effect of cohabitation. Michigan does not have a statutory formula for spousal support. Child support is calculated using the Michigan Child Support Formula, which follows the income shares model and considers both parents' incomes, the number of children, overnights with each parent, health insurance costs, and childcare expenses. Enforcement includes income withholding through the Michigan State Disbursement Unit, contempt of court, license suspension, and criminal prosecution. The Friend of the Court handles most enforcement actions.

Recent Legislative Changes

Michigan has updated its Child Support Formula to reflect current economic data and has modernized Friend of the Court operations. The state has also expanded access to mediation in custody cases and improved electronic filing and court technology for family law proceedings.

Frequently Asked Questions