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Michigan doesn't have no-fault divorce laws like many states; the state's statutes require that legal cause for divorce be shown and that there is no reasonable hope of the marriage being recovered or salvaged. Michigan also provides for legal separation (or "separate maintenance") if there's no claim or counterclaim for divorce. Though it's not required, the state can provide third-party mediation in matters of child custody or parenting. The court can also require alimony or child support from either party in a divorce case.
Child support comes into play through high school age for the child, but in no case is a parent liable for child support once the child is past the age of 19. Various mechanisms for enforcing child support are available, including garnishment or withholding of wages. The court may be called on to make the final call on the split of property in a divorce; though Michigan is an "equitable distribution" state, the court still has a great deal of latitude in this process.
Ann Arbor ANNULMENT
In Michigan, annulments are not granted on the basis of time (as in, under a month as in some states). Annulments can only be granted in cases of fraud, bigamy, physical incapacity, incest, mental incapacity or foreign law violations. Religious annulments may still apply after a divorce and be recognized in the eyes of the law.
Ann Arbor CHILD CUSTODY
Michigan encourages joint custody in divorces, but the state's system realizes that other factors might intervene and make joint custody disputable. In such cases, the following are taken into account in determining custody:
- Love, affection and emotional ties between the parties and children
- Capacity of the parties to keep the love, affection and emotional ties
- Capacity of both parties to keep the child provided with food, clothing, medical care and other necessities
- Length of time the child has been in a stable environment
- Future prospects for a stable environment, and permanence of the new situation
- Moral fitness of both parties
- Mental and physical health of both parties
- School, community and home record of the child
Reasonable preference of the child, if the court deems the child to be old enough to make a preference. Here it's worth noting that "reasonable preference" is only a consideration in the eyes of the law; the courts will not allow a child to make that decision until age 18. It's unlikely, however, that the police would return a 16-year-old to a parent with whom the child doesn't want to live.
Any history of domestic violence, whether it was directed toward the child or witnessed by him/her
Willingness of the parent to keep a relationship with the child and the other parent both
Ann Arbor CHILD ABUSE LAWS
Michigan's child abuse laws encompass any situation where a child is in harm's way due to "non accidental physical or mental injury, sexual abuse or exploitation, or maltreatment." Police, health professionals, teachers, counselors, social workers, child care professionals and many others are considered "mandatory reporters"; failure to report is a misdemeanor punishable by $100 fine or 93 days in jail.
Ann Arbor CHILD NEGLECT LAWS
Michigan's child neglect laws carry similar penalties to child abuse offenses. Child neglect is loosely defined as harm or threatened harm to a child's health or welfare by any person responsible for that child. The letter of the law is as follows:
- Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care. Placing a child at an unreasonable risk to the child's health or welfare by failure of the parent, legal guardian, or other person responsible for the child's health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of the risk.
Ann Arbor DOMESTIC VIOLENCE
Michigan stresses the fact that domestic violence is not a personal, family matter -- it's a criminal offense. Domestic violence can occur between spouses, in dating relationships, between a child and elder, between siblings or between a parent and child. An entire range of actions of physical abuse, sexual abuse, emotional and psychological abuse or economic abuse are all considered domestic violence in the state. Michigan has an ongoing effort to encourage reporting and action in cases of abuse, and educating people about what constitutes domestic violence or abuse in the first place. It's considered a serious offense, a misdemeanor punishable by 93 days in jail and/or a $500 fine.
Examples of domestic violence might include being:
- Punched, shoved or kicked
- Slapped or bitten
- Threatened with a weapon
- Denied help if injured or ill
- Locked out of one's house
- Forced to have sex or watch sexual acts
- Forced to dress more provocatively than one would wish
- Threatened with harm
- Convinced you are to blame for problems
- Stalked
- Denied access to bank accounts or money
- Denied access to health or dental care.