When a couple is considering going through a divorce in Michigan, it is likely that they will have kids, and this is one of the main reasons why divorces can be so complicated. However, studies show that it is more common for couples to divorce without children, and it makes things considerably easier from a legal perspective.
Of course, going through a divorce, no matter what your situation, is never easy, and this is largely due to the emotional stress and tension that has led up to this point. But by making sure that the administrative and financial aspects of a divorce are well managed, you will be able to mitigate some of the most stressful factors.
Do I have to defend my marital decisions in a Michigan divorce?
The state of Michigan is a “no fault” state when it comes to divorce. This means that the terms of your divorce, as well as asset division, will not be determined based upon any actions that you or your spouse took in the marriage. In other words, a spouse who has been unfaithful or abusive will not face any divorce settlement sanctions. If domestic violence has been present, this should be addressed in a different legal filing.
Can I still be eligible for payments from my spouse if we do not have children?
If you have a lower income than your spouse, you will likely be entitled to spousal support, formally known as alimony, regardless of whether you have children. This will be calculated based on a number of factors, including the length of your marriage and your salary. The courts will also look into the ability of the spouse with a lesser income to gain training in the future and earn a higher salary. In such a case, the courts may rule for temporary alimony to support the spouse with a lesser income while he or she gains training or work.
If you are considering filing for divorce in Michigan as a person with no children, it is a good idea to research thoroughly before filing.