• Know your rights at divorce.ring image by Jens Klingebiel from Fotolia.com
  
  Divorce creates tough times for families. To help ease the stress and confusion, develop a clear understanding of the process. Having a clear understanding of the legal rules and requirements necessary to obtain a divorce in Michigan will help make the process a little easier. Divorce is covered by Michigan Compiled Laws in Section 552 and child custody in Section 722.
  
  

Residency Requirements

• Michigan law requires that at least one party reside in Michigan for at least 180 days before filing. The filing party must also must also have lived in the county where divorce is requested for at least 10 days prior to filing. If neither party lives in Michigan, a divorce cannot be obtained in the state.
  
  

Grounds

• Under Michigan law, divorce in Michigan is granted when irreconcilable differences have caused an irretrievable breakdown of the marriage. This is understood as "no-fault" divorce.
  
  

Property Distribution

• In Michigan, all marital property is equitably divided. In other words, the property is divided by what is fair and appropriate rather than equally. For this reason, the courts strongly suggest parties come to a settlement agreement regarding marital property before going to court. If an agreement cannot be reached between the parties, the court will divide the property. A party may receive all or merely a portion of the marital property, whether it is real property, such as a house, or personal property, such as a sofa. What is equitable is determined on a case-by-case basis through the provisions set forth in the Michigan statutes.
  
  

Child Custody

• At divorce, the Michigan court will consider a number of relevant factors to determine which parent should have custody of the minor child or children. More specifically, the court will consider the relationship each child has with his parents; the capacity and disposition of the parents and whether they can give the child love, affection and guidance; the parents' individual abilities to provide basic necessities to the child; the permanence of the family unit; the child's adjustment to his home, school and community; the child's wishes; any past, present or potential physical violence or other abuse by either parent against the child or someone else; and the willingness and ability of each parent to support a continuing relationship between the child and the noncustodial parent.