Divorce

Uncontested Divorce
This occurs most frequently where the parties have a fairly short-term marriage, no children, and little in the way of joint property or debts to divide. This is the least expensive divorce, and the required wait time by law in this State is 60 days before the case can be finalized. This occurs also where the parties are able to agree regarding most or all matters re property and debt division;

Contested Divorce
This occurs where there each side hires an attorney, and is making claims the other party does not agree with, typically involving minor children and related issues. Most cases settle through a variety of means designed to facilitate resolution of all such matters, including mediation, settlement conference and binding arbitration.

When a breakdown in a marital relationship occurs, and one or both of the spouses decides they want to end the marriage, they typically will seek qualified counsel, who will advise them that Michigan is a "No Fault Divorce Jurisdiction," which basically means that either party can terminate the marriage without cause or the fault of the other party. Simply put, if any party to a marriage wants out for any reason, the Judge assigned is obligated to grant a Judgment of Divorce.

There are several factors that are considered by the Michigan judge when determining whether alimony and/or spousal support should be awarded in a Michigan divorce or a Michigan separate maintenance case. The factors to be considered, evaluated, and determined by the judge are:

• The past relations and conduct of the parties.
• The length of the marriage.
• The ability of the parties to work.
• The source and amount of the property awarded to the parties.
• The age of the parties.
• The ability of the parties to pay alimony.
• The present situation of the parties.
• The needs of the parties.
• The health of the parties.
• The prior standard of living of the parties.
• General Principals of equity.

In Michigan, there is no specific mathematical formula for determining whether or not spousal support should be awarded, the amount of spousal support that should be awarded or the length of time that spousal support should be awarded. In Michigan, each case for spousal support is dependant upon the unique factors of the case and the judge assigned to the case. 

Annulment versus Divorce

An annulment was originally created by various religious groups, who were fundamentally opposed to a divorce. Whereas a divorce is a legal procedure that terminates a marriage, an annulment acts like the marriage never even happened. In technical terms, a decree of divorce issued by a court recognizes that at one time there was a valid marriage, which has since been dissolved by order of the court. On the other hand, an annulment is a court decree stating the marriage was not valid in the first place.

Grounds For Annulment

In order to get an annulment in Michigan, specific requirements must be met in order to show that no valid marriage took place. The grounds for marriage annulment may vary according to the area of jurisdiction, but generally include marriages that involve under age parties, blood relationship, or the absence of mental or physical capacity including the following:

• Either spouse was already married to someone else at the time of the marriage in question;
• Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age.)
• Either spouse was under the influence of drugs or alcohol at the time of the marriage;
• Either spouse was mentally incompetent at the time of the marriage;
• The consent to the marriage was based on fraud or force;
• Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
• The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is second cousins; the legality of such relationship between 1st cousins varies around the world.
• Prisoners sentenced to a term of life imprisonment may not marry.
• Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)