Michigan Divorce FAQs

Once it becomes clear that a divorce is imminent, it’s understandable for one or both spouses to want their own space. You may want to leave, or conversely, you may want your spouse to leave immediately. But it’s important to know that Michigan law does not include any requirement for one spouse to leave, and it does not give one spouse the automatic right to kick the other out after filing for divorce. Individual courts handle this situation differently. While you may want to move out to minimize conflict, the reality is that leaving the shared home could make you vulnerable in other divorce proceedings.

Courts will usually require the parties to pay for all marital expenses, taking each partner’s income into account. Moving out and renting or buying a second home may cost more than your budget allows for, considering the expenses of both households, which the court may obligate you to pay. This concern does not arise if you stay in the marital residence.

The court will usually keep the children at their current home during or after a divorce, especially if they are attending school. Moving out can negatively impact your chances of being awarded temporary or permanent custody and require you to pay child support.

Most courts will not remove one spouse unless there is a compelling reason to do so. Domestic violence, threats, harassment, and abuse are commonly accepted reasons for spouse removal. If you are the victim of this type of misconduct, it is important to thoroughly document each instance to have the best chance of the judge ordering your spouse out of the marital residence.

If you are considering moving out of the marital residence immediately after filing for divorce, do not do so until after you have spoken to Chris Aiello and his team. If you would like to have your spouse removed from the house, speak to us as well so that you are properly advised and represented in your motion for the exclusive use of the marital residence.

If you plan to move your children to another state or somewhere that is over one hundred miles from the residence at the time of divorce, you will need a court order. This is called a domicile order and can be granted or denied by a judge after a trial. A party has the right to oppose/contest this request. Courts will consider several factors when evaluating a motion for change of domicile.

If your former spouse or partner has moved your child(ren) more than one hundred miles or out of state without a domicile order, you should call Chris Aiello immediately. Objections in these cases must be filed immediately due to Michigan’s Child Custody Jurisdiction Act, which states that Michigan will lose jurisdiction in the matter after just six months.

When a child’s time with each parent is relatively equal, it may be more difficult to get a change of domicile approved. If a move will significantly disrupt the child’s current environment or relationships, the court will require solid proof that the move is in the child’s best interests. You have the right to object to a change of domicile, and a child custody attorney can help.

Some assets are considered marital assets and are subject to division in a divorce. Other assets are considered separate property and are not subject to division in a divorce. Michigan’s laws on property division can be complex. The state recognizes several categorizations and exceptions, and each one has specific criteria.

Once a divorce judgment has been entered, property distribution cannot be modified. Unlike awards for child support or spousal maintenance (alimony), property settlements are non-modifiable, regardless of changes to your financial situation. You will only get one shot at your property settlement, so it is critical to ensure it is handled properly.

A business or its assets may be considered marital property in Michigan, depending on each spouse’s involvement and contributions. It is very important to have a business evaluation and appraisal done on a business that is owned by you or your spouse. Hiring an accountant, financial analyst, or other expert is critical to obtain an accurate dollar value for a business. The wrong valuation of a business could lead to an unfair division of marital assets.

Michigan is an equity state that does not follow community property rules famous in states such as California. Michigan does recognize separate property claims of individual spouses for assets they brought into a marriage and for items such as gifts or inheritance. A lengthy list of Michigan Appellate decisions makes it clear that Michigan law does allow one party to be awarded substantial property without marital division. This is meant to help protect inheritances and property that the other spouse did not purchase or contribute towards, but it also has undesirable aspects, such as allowing one spouse to leave a long-term marriage with substantially greater wealth than the other, often later in life after years of dependence.

Many detailed exceptions and nuances apply to this complex area of the law. If you have accumulated substantial separate property during your marriage that you would like to protect, call Chris Aiello to discuss the facts of your situation. Likewise, if you are facing a divorce where you are concerned that your spouse will be awarded most of the assets, leaving you broke and in poverty, there are provisions of the law designed to protect your interests which Chris Aiello can discuss with you in detail.