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Glossary of Family Law Terms
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Statutory Resources
Michigan Compiled Laws
Divorce Law
552.9 Judgment of divorce; residency requirement;
exception.
(1) A judgment of divorce shall not be granted by a court in this state in
an action for divorce unless the complainant or defendant has resided in
this state for 180 days immediately preceding the filing of the complaint
and, except as otherwise provided in subsection (2), the complainant or
defendant has resided in the county in which the complaint is filed for 10
days immediately preceding the filing of the complaint.
(2) A person may file a complaint for divorce in any county in the state
without meeting the 10-day requirement set forth in subsection (1) if all of
the following apply and are set forth in the complaint:
(a) The defendant was born in, or is a citizen of, a country other than the
United States of America.
(b) The parties to the divorce action have a minor child or children.
(c) There is information that would allow the court to reasonably conclude
that the minor child or children are at risk of being taken out of the
United States of America and retained in another country by the defendant.
History: R.S. 1846, Ch. 84 ;-- CL 1857, 3230 ;-- CL 1871, 4741 ;-- How. 6231
;-- Am. 1887, Act 137, Eff. Sept. 28, 1887 ;-- Am. 1895, Act 202, Eff. Aug.
30, 1895 ;-- Am. 1897, Act 116, Eff. Aug. 30, 1897 ;-- CL 1897, 8624 ;-- Am.
1899, Act 210, Eff. Sept. 23, 1899 ;-- CL 1915, 11400 ;-- CL 1929, 12731 ;--
Am. 1931, Act 139, Imd. Eff. May 21, 1931 ;-- Am. 1941, Act 2, Eff. Jan. 10,
1942 ;-- Am. 1947, Act 323, Eff. Oct. 11, 1947 ;-- CL 1948, 552.9 ;-- Am.
1953, Act 174, Eff. Oct. 2, 1953 ;-- Am. 1956, Act 95, Eff. Aug. 11, 1956
;-- Am. 1957, Act 257, Eff. Sept. 27, 1957 ;-- Am. 1958, Act 227, Imd. Eff.
May 26, 1958 ;-- Am. 1959, Act 174, Eff. Mar. 19, 1960 ;-- Am. 1974, Act
344, Imd. Eff. Dec. 21, 1974 ;-- Am. 1989, Act 217, Imd. Eff. Nov. 27, 1989
552.6 Complaint for divorce; filing; grounds; answer; judgment.
(1) A complaint for divorce may be filed in the circuit court upon the
allegation that there has been a breakdown of the marriage relationship to
the extent that the objects of matrimony have been destroyed and there
remains no reasonable likelihood that the marriage can be preserved. In the
complaint the plaintiff shall make no other explanation of the grounds for
divorce than by the use of the statutory language.
(2) The defendant, by answer, may either admit the grounds for divorce
alleged or deny them without further explanation. An admission by the
defendant of the grounds for divorce may be considered by the court but is
not binding on the court's determination.
(3) The court shall enter a judgment dissolving the bonds of matrimony if
evidence is presented in open court that there has been a breakdown in the
marriage relationship to the extent that the objects of matrimony have been
destroyed and there remains no reasonable likelihood that the marriage can
be preserved.
History: R.S. 1846, Ch. 84 ;-- Am. 1847, Act 105, Eff. May 16, 1847 ;-- Am.
1848, Act 150, Imd. Eff. Mar. 30, 1848 ;-- Am. 1851, Act 64, Eff. July 5,
1851 ;-- CL 1857, 3227 ;-- CL 1871, 4738 ;-- How. 6228 ;-- CL 1897, 8621 ;--
CL 1915, 11397 ;-- CL 1929, 12728 ;-- CL 1948, 552.6 ;-- Am. 1971, Act 75,
Eff. Jan. 1, 1972
...For further information,
please refer to Michigan Compiled Laws - Chapter 552
Michigan Divorce Basics
Marriage and
Living Together Law
Michigan Marriage Law
|
Child Support
552.15 Care, custody, and support of minor children
during pendency of action; support order; enforcement.
(1) After the filing of a complaint in an action to annul a marriage or for
a divorce or separate maintenance, on the motion of either party or the
friend of the court, or on the court's own motion, the court may enter
orders concerning the care, custody, and support of the minor children of
the parties during the pendency of the action as prescribed in section 5 of
the support and parenting time enforcement act, 1982 PA 295, MCL 552.605,
and as the court considers proper and necessary. Subject to section 5b of
the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b,
the court may also order support as provided in this subsection for the
parties' children who are not minor children.
(2) An order concerning the support of a child of the parties is governed by
and is enforceable as provided in the support and parenting time enforcement
act, 1982 PA 295, MCL 552.601 to 552.650.
History: R.S. 1846, Ch. 84 ;-- CL 1857, 3236 ;-- CL 1871, 4747 ;-- How. 6237
;-- CL 1897, 8630 ;-- CL 1915, 11406 ;-- CL 1929, 12737 ;-- Am. 1939, Act
134, Eff. Sept. 29, 1939 ;-- CL 1948, 552.15 ;-- Am. 1985, Act 214, Eff.
Mar. 1, 1986 ;-- Am. 1989, Act 274, Imd. Eff. Dec. 26, 1989 ;-- Am. 1990,
Act 243, Imd. Eff. Oct. 10, 1990 ;-- Am. 1990, Act 291, Imd. Eff. Dec. 14,
1990 ;-- Am. 1996, Act 9, Eff. June 1, 1996 ;-- Am. 2001, Act 107, Eff.
Sept. 30, 2001
552.16 Care, custody, and support of minor child
after annulment or judgment of divorce or separate maintenance; enforcement.
(1) Upon annulling a marriage or entering a judgment of divorce or separate
maintenance, the court may enter the orders it considers just and proper
concerning the care, custody, and, as prescribed in section 5 of the support
and parenting time enforcement act, 1982 PA 295, MCL 552.605, support of a
minor child of the parties. Subject to section 5b of the support and
parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may
also order support as provided in this subsection for the parties' children
who are not minor children.
(2) An order concerning the support of a child of the parties is governed by
and is enforceable as provided in the support and parenting time enforcement
act, 1982 PA 295, MCL 552.601 to 552.650.
History: R.S. 1846, Ch. 84 ;-- CL 1857, 3237 ;-- CL 1871, 4748 ;-- How. 6238
;-- CL 1897, 8631 ;-- CL 1915, 11407 ;-- Am. 1929, Act 254, Eff. Aug. 28,
1929 ;-- CL 1929, 12738 ;-- Am. 1939, Act 134, Eff. Sept. 29, 1939 ;-- CL
1948, 552.16 ;-- Am. 1985, Act 214, Eff. Mar. 1, 1986 ;-- Am. 1989, Act 274,
Imd. Eff. Dec. 26, 1989 ;-- Am. 1990, Act 243, Imd. Eff. Oct. 10, 1990 ;--
Am. 1990, Act 291, Imd. Eff. Dec. 14, 1990 ;-- Am. 1996, Act 9, Eff. June 1,
1996 ;-- Am. 2001, Act 107, Eff. Sept. 30, 2001
...For further information,
please refer to Michigan Compiled Laws - Chapter 552
Michigan
Child Support Calculator - by AllLaw.com
Michigan Office of Child Support
Michigan
Child Support Formula
How Do You Collect Child Support?
Child
Support Explained
Child Custody
and Visitation Law
552.16 Care, custody, and support of minor child
after annulment or judgment of divorce or separate maintenance; enforcement.
(1) Upon annulling a marriage or entering a judgment of divorce or separate
maintenance, the court may enter the orders it considers just and proper
concerning the care, custody, and, as prescribed in section 5 of the support
and parenting time enforcement act, 1982 PA 295, MCL 552.605, support of a
minor child of the parties. Subject to section 5b of the support and
parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may
also order support as provided in this subsection for the parties' children
who are not minor children.
(2) An order concerning the support of a child of the parties is governed by
and is enforceable as provided in the support and parenting time enforcement
act, 1982 PA 295, MCL 552.601 to 552.650.
History: R.S. 1846, Ch. 84 ;-- CL 1857, 3237 ;-- CL 1871, 4748 ;-- How. 6238
;-- CL 1897, 8631 ;-- CL 1915, 11407 ;-- Am. 1929, Act 254, Eff. Aug. 28,
1929 ;-- CL 1929, 12738 ;-- Am. 1939, Act 134, Eff. Sept. 29, 1939 ;-- CL
1948, 552.16 ;-- Am. 1985, Act 214, Eff. Mar. 1, 1986 ;-- Am. 1989, Act 274,
Imd. Eff. Dec. 26, 1989 ;-- Am. 1990, Act 243, Imd. Eff. Oct. 10, 1990 ;--
Am. 1990, Act 291, Imd. Eff. Dec. 14, 1990 ;-- Am. 1996, Act 9, Eff. June 1,
1996 ;-- Am. 2001, Act 107, Eff. Sept. 30, 2001
...For further information,
please refer to Michigan Compiled Laws - Chapter 552
Child Custody in Michigan - Initial Determination
Michigan Child Custody Basics
Grandparents Caring for Minor Children: Sources for Financial Help
Michigans Current Grandparenting Time Law
FAQ on Child
Custody and Visitation
Child Custody
Resources
Property
Division
552.19 Restoration of real and personal estate to
parties.
Upon the annulment of a marriage, a divorce from the bonds of matrimony or a
judgment of separate maintenance, the court may make a further judgment for
restoring to either party the whole, or such parts as it shall deem just and
reasonable, of the real and personal estate that shall have come to either
party by reason of the marriage, or for awarding to either party the value
thereof, to be paid by either party in money.
History: R.S. 1846, Ch. 84 ;-- CL 1857, 3240 ;-- CL 1871, 4751 ;-- How. 6241
;-- CL 1897, 8634 ;-- CL 1915, 11410 ;-- CL 1929, 12741 ;-- CL 1948, 552.19
;-- Am. 1970, Act 182, Imd. Eff. Aug. 3, 1970 ;-- Am. 1971, Act 75, Eff.
Jan. 1, 1972
552.101 Judgment of divorce or separate
maintenance; provision in lieu of dower; determining rights of wife or
husband in and to policy of life insurance, endowment, or annuity; discharge
of liability on policy; determination of rights; assignment of rights.
(1) When any judgment of divorce or judgment of separate maintenance is
granted in any of the courts of this state, the court granting the judgment
shall include in it a provision in lieu of the dower of the wife in the
property of the husband, which shall be in full satisfaction of all claims
that the wife may have in any property that the husband owns or may own in
the future or in which he may have any interest.
(2) Each judgment of divorce or judgment of separate maintenance shall
determine all rights of the wife in and to the proceeds of any policy or
contract of life insurance, endowment, or annuity upon the life of the
husband in which the wife was named or designated as beneficiary, or to
which the wife became entitled by assignment or change of beneficiary during
the marriage or in anticipation of marriage. If the judgment of divorce or
judgment of separate maintenance does not determine the rights of the wife
in and to a policy of life insurance, endowment, or annuity, the policy
shall be payable to the estate of the husband or to the named beneficiary if
the husband so designates. However, the company issuing the policy shall be
discharged of all liability on the policy by payment of its proceeds in
accordance with the terms of the policy unless before the payment the
company receives written notice, by or on behalf of the insured or the
estate of the insured, 1 of the heirs of the insured, or any other person
having an interest in the policy, of a claim under the policy and the
divorce.
(3) Each judgment of divorce or judgment of separate maintenance shall
determine all rights of the husband in and to the proceeds of any policy or
contract of life insurance, endowment, or annuity upon the life of the wife
in which the husband was named or designated as beneficiary, or to which he
became entitled by assignment or change of beneficiary during the marriage
or in anticipation of marriage. If the judgment of divorce or judgment of
separate maintenance does not determine the rights of the husband in and to
the policy of life insurance, endowment, or annuity, the policy shall be
payable to the estate of the wife, or to the named beneficiary if the wife
so designates. However, the company issuing the policy shall be discharged
of all liability on the policy by payment of the proceeds in accordance with
the terms of the policy unless before the payment the company receives
written notice, by or on behalf of the insured or the estate of the insured,
1 of the heirs of the insured, or any other person having an interest in the
policy, of a claim under the policy and the divorce.
(4) Each judgment of divorce or judgment of separate maintenance shall
determine all rights, including any contingent rights, of the husband and
wife in and to all of the following:
(a) Any vested pension, annuity, or retirement benefits.
(b) Any accumulated contributions in any pension, annuity, or retirement
system.
(c) In accordance with section 18 of 1846 RS 84, MCL 552.18, any unvested
pension, annuity, or retirement benefits.
(5) For any divorce or separate maintenance action filed on or after
September 1, 2006, if a judgment of divorce or judgment of separate
maintenance provides for the assignment of any rights in and to any pension,
annuity, or retirement benefits, a proportionate share of all components of
the pension, annuity, or retirement benefits shall be included in the
assignment unless the judgment of divorce or judgment of separate
maintenance expressly excludes 1 or more components. Components include, but
are not limited to, supplements, subsidies, early retirement benefits,
postretirement benefit increases, surviving spouse benefits, and death
benefits. This subsection shall apply regardless of the characterization of
the pension, annuity, or retirement benefit as regular retirement, early
retirement, disability retirement, death benefit, or any other
characterization or classification, unless the judgment of divorce or
judgment of separate maintenance expressly excludes a particular
characterization or classification.
History: 1909, Act 259, Eff. Sept. 1, 1909 ;-- CL 1915, 11436 ;-- CL 1929,
12766 ;-- Am. 1939, Act 220, Eff. Sept. 29, 1939 ;-- CL 1948, 552.101 ;--
Am. 1982, Act 184, Imd. Eff. June 17, 1982 ;-- Am. 1985, Act 42, Imd. Eff.
June 13, 1985 ;-- Am. 2006, Act 288, Imd. Eff. July 20, 2006
552.401 Property owned by spouse; award to party contributing to
acquisition, improvement, or accumulation thereof; effect of decree.
The circuit court of this state may include in any decree of divorce or of
separate maintenance entered in the circuit court appropriate provisions
awarding to a party all or a portion of the property, either real or
personal, owned by his or her spouse, as appears to the court to be
equitable under all the circumstances of the case, if it appears from the
evidence in the case that the party contributed to the acquisition,
improvement, or accumulation of the property. The decree, upon becoming
final, shall have the same force and effect as a quitclaim deed of the real
estate, if any, or a bill of sale of the personal property, if any, given by
the party's spouse to the party.
History: 1949, Act 42, Eff. Sept. 23, 1949 ;-- Am. 1983, Act 215, Imd. Eff.
Nov. 11, 1983
...For further information,
please refer to Michigan Compiled Laws - Chapter 552
FAQs
on Michigan Property Rights from DivorceNet |
