Step 2: What Things Will Be Decided in Your Divorce
Discuss Property Distribution
Usually, when a couple gets a divorce, the Michigan courts distribute the property equitably. Equitable distribution of the property essentially means that the court will distribute all the property that you or your spouse or both of you have, irrespective of when the property was bought or in whose name it is in. The court will consider the following when deciding on how to divide the property:
- The length of your marriage.
- Your spouse’s and your contribution to the marital assets such as income, being the primary parent, etc.
- Age of your spouse and you.
- Physical, emotional and mental health of you and your spouse.
- The standard of living of both you and your spouse during your marriage.
- Both your income requirements.
- You and your spouse’s earning potential.
Discussing the Arrangements for Your Children (If Applicable)
In case you have a child or children, then the court will decide on the custody of the child and child support, which is in the best interest of your child. This may mean a shared custody with your spouse or the court may give complete custody to one parent.
When deciding on whom to award the custody of the child, the court does not give any preference to the mother. Instead, the custody arrangement is usually made on basis of what is in the best interest of the child and the following aspects are considered by the court:
- Your spouse’s and your wishes about where you want your child to live.
- The wishes of your child.
- The relationship of the child with the parents, siblings, grandparents, etc. that may affect the best interests of the child.
- The physical and mental health of both the parents, as well as the child.
- The child’s attachment to the home, community and school.
- Any evidence of domestic abuse or violence against the child or either of the parents.
- Any criminal history of either of the parents or any person living with either of the parents.
Deciding the Alimony
In Michigan, it not common for the judge to grant any spousal support or alimony to either of the spouses. However, you can decide with your spouse if any party should get alimony after the divorce. If you do not agree, then the court will decide on the spousal support for one spouse after considering the following aspects:
- Length of your marriage.
- If the spouse requesting alimony has the capability to work.
- Whether the paying spouse can afford the alimony payment.
- How the marital property was divided during the divorce.
- The financial requirements of the requesting spouse.
- The health of both you and your spouse.
- The standard of living of you and your spouse.
- If you or your spouse is responsible for the support of the other.
- The spouse who at fault and was responsible for ending the marriage.