Michigan Divorce FAQs
Q. What is a fault divorce?
A. A fault divorce is sometimes given if a person wishes to divorce another on the grounds that their spouse has engaged in cruelty against them, committed adultery, left them without notice for a substantial length of time, are physically unable to perform sexual intercourse, or are currently in prison for a number of years. Some states give greater portion of property or alimony to the spouse that proves the other's fault, although not every state allows fault divorce.
Q. What is a no fault divorce?
A. A no fault divorce is given to any person who wishes to divorce without having to prove that their spouse did anything wrong. It is usually enough for the spouse to cite "irreconcilable differences" or other similar incompatibility claims when filing for a no fault divorce. All states allow no fault divorces, yet some might require a period of separation before one can be filed.
Q. What is a legal separation?
A. A legal separation is the first step in most divorce proceedings due to the fact that most states require that a couple must be legally separated for a period of 90 days (in most instances) before a divorce can be finalized. During the period of legal separation, debts, properties and marital assets are frozen and made separate for each spouse so that one is not responsible for any debts accrued by the other during this period of time.
Q. What is Alimony?
A. Alimony is a court ordered monetary settlement that one must pay to their former spouse once the divorce is finalized. Alimony is paid in a series of periodic installments up until a certain amount of time or certain conditions have been met, such as the death or remarriage of the former spouse.
Q. Do fathers have the same rights to child support as mothers do?
A. Yes. Fathers with custody of their children have the same rights to child support as mothers do.
Q. How is child custody determined in a divorce?
A. If there is not a custody agreement in place by the parents, the courts will determine child custody based on what is in the best interests of the child. There are many different variables and factors involved in determining what the best interests of the child may be. These may vary from case to case.
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