--- name: mi-family-law description: > Use for any Michigan family-law matter: divorce, property division, custody, parenting time, child support, spousal support, relocation. Triggers include "Michigan divorce", "no-fault divorce Michigan", "MCL 552.6", "child custody Michigan", "MCL 722.23" best-interest factors, "parenting time Michigan", "100 mile rule", "Michigan child support formula", "spousal support Michigan", "Sparks v Sparks" equitable distribution. Covers no-fault divorce (MCL 552.6) with 60/180-day waiting periods and residency (MCL 552.9); equitable distribution under Sparks v Sparks factors (MCL 552.19, 552.401); custody and best-interest factors (MCL 722.21, 722.23); established custodial environment; parenting time (MCL 722.27a) and 100-mile change-of-domicile rule (MCL 722.31); income-shares child support (MCL 552.605); spousal support (MCL 552.23, 552.28); UCCJEA/UIFSA for interstate cases. version: 0.2.0 --- # Michigan Family Law > **NOT LEGAL ADVICE.** This subject-matter bundle describes a > substantive framework for Michigan domestic-relations matters, > not legal advice and not strategic advice for any specific case. > Family-law cases carry long-term consequences for property, > children, and finances; strongly consider consulting a licensed > Michigan family-law attorney even on an "agreed" divorce. > Outcomes are fact-specific; the choice of claims, defenses, and > the parenting/support positions belongs to the litigant (and any > counsel the litigant retains). Verify every rule, threshold, > deadline, and citation against current law before filing. This bundle supplies the **substantive law** of Michigan family practice. The **venue mechanics** — which circuit court, the Friend of the Court (FOC) intake, mandatory forms, the Service Member and SCAO process — live in `mi-family-court`. Document format lives in `mi-statewide-format`. ## Snapshot — Michigan family-law principles - **No-fault divorce only.** The sole statutory ground is a **breakdown of the marriage relationship** to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved — **MCL 552.6**. No party pleads or proves fault to obtain the divorce (though conduct can bear on property and support). - **Waiting periods — MCL 552.9f.** No proofs may be taken until **60 days** after the complaint is filed where there is **no minor child**, or **180 days** (6 months) where the parties have a **minor child** — the 180-day period reducible by the court for unusual hardship or compelling necessity, but the 60-day minimum is not waivable. - **Residency — MCL 552.9.** A complainant must have resided in Michigan for **180 days** and in the **county** of filing for **10 days** before filing. - **Equitable distribution — NOT community property.** Property is **classified** (marital vs. separate) and the marital estate is **divided equitably** — a fair division, not a presumptive 50/50 — under the **Sparks v Sparks** factors. - **Custody under the Child Custody Act.** Custody is decided on the **best-interest factors at MCL 722.23** (12 factors), against the backdrop of the **established custodial environment** (MCL 722.27(1)(c)): a court may not change an established custodial environment absent **clear and convincing evidence**. - **Child support uses the Michigan Child Support Formula (MCSF).** Statutory basis **MCL 552.605**; the operative figures live in the **MCSF Manual** and supplements. The FOC administers establishment, review, and enforcement. - **Spousal support has no rigid formula** — a multi-factor, case-by-case analysis under **MCL 552.23 / 552.28**. - **No common-law marriage.** Abolished by **MCL 551.2** for marriages contracted in Michigan on or after **January 1, 1957**; a marriage valid where contracted elsewhere is honored. ## Filing path — where a family case goes Michigan family matters are heard in the **Family Division of the Circuit Court** in the county of proper venue. Custody, support, and parenting-time administration run through the county **Friend of the Court (FOC)**. The venue mechanics, FOC intake, and SCAO mandatory forms live in `mi-family-court`. Personal protection orders (PPOs) for domestic violence are filed in the same Family Division — the **procedural** PPO mechanics are in `mi-family-court`; this skill addresses only the substantive family-law overlay. ## Divorce — the only ground (MCL 552.6) Michigan is a **pure no-fault** state. The complaint must allege, in the statutory language of **MCL 552.6**, 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."** No other ground may be pleaded, and the court may not require proof of fault to grant the divorce. (Marital **misconduct** can still be weighed as one factor in property division and spousal support, but it is not a ground.) **Residency — MCL 552.9.** Before filing, the complainant (or defendant) must have resided in **Michigan for 180 days** and in the **county of filing for 10 days** immediately preceding filing. ## Divorce — the waiting periods (MCL 552.9f) The statutory waiting periods run from the **filing of the complaint**: - **60 days** where the parties have **no minor children** of the marriage; and - **180 days** (6 months) where the parties **have a minor child**. Under **MCL 552.9f**, the court may, for **unusual hardship or compelling necessity**, take testimony before the 180-day period expires — but it may **not** shorten the **60-day** minimum. The period is a floor on when proofs may be taken, not a residency rule; confirm the count with `mi-deadlines` and verify the current text. (See the corpus for the exact statutory wording and any narrow exceptions.) ## Property distribution — equitable distribution Michigan is an **equitable-distribution** state, **not** a community-property state. The court follows a two-step process. ### Step 1 — Classify (marital vs. separate) Each asset and debt is classified as **marital** or **separate**. - **Separate property** generally includes property a spouse brought into the marriage, and gifts or inheritances received by one spouse during the marriage, that have been kept separate. - **Marital property** generally includes property acquired by either spouse during the marriage through the parties' joint efforts. - Separate property can be reached only through the two statutory **invasion** doctrines: **MCL 552.23** (invasion where the marital estate is **insufficient** for the other spouse's suitable support) and **MCL 552.401** (invasion where the other spouse **contributed to the acquisition, improvement, or accumulation** of the separate property). Plead the basis for invasion expressly when seeking a share of separate property. ### Step 2 — Divide the marital estate equitably Only the **marital estate** is divided, and division need not be equal. Michigan courts apply the **Sparks v Sparks**, 440 Mich 141 (1992), factors, which include: - The **duration** of the marriage - The **contributions** of each party to the marital estate - The **age** and **health** of the parties - The **life status** and **earning abilities** of the parties - The parties' **needs** and **circumstances** - **Past relations and conduct** of the parties (fault is a factor, not a ground) - General principles of **equity** The court makes findings on the relevant factors; a division must be **equitable in light of all the circumstances**. Verify the controlling factor articulation and the current text of MCL 552.23 and 552.401 in the corpus. ## Child custody — the Child Custody Act (MCL 722.21 et seq.) Custody is governed by the **Child Custody Act of 1970**, **MCL 722.21 et seq.** Two concepts frame every custody decision. ### Legal vs. physical custody - **Legal custody** = decision-making authority over major decisions (education, health care, religion). May be **joint** or **sole**. - **Physical custody** = where the child resides. May be **joint** or **sole**, and is implemented through the parenting-time schedule. ### The established custodial environment (MCL 722.27(1)(c)) Before changing custody, the court must determine whether an **established custodial environment (ECE)** exists with one or both parents — i.e., an environment of a **permanent** nature in which the child **naturally looks to the custodian** for guidance, discipline, the necessities of life, and parental comfort. The ECE sets the **burden of proof**: - If a proposed change would **alter** an established custodial environment, the moving party must show by **clear and convincing evidence** that the change is in the child's best interests. - If no ECE exists (or the change does not alter it), the standard is a **preponderance of the evidence**. ### The 12 best-interest factors (MCL 722.23) Custody and (where contested) parenting time are decided on the **twelve best-interest factors** enumerated at **MCL 722.23** (factors (a)–(l)), which include the emotional ties between child and parties; the capacity and disposition to give love, guidance, education, and religion; the capacity to provide food, clothing, medical care, and material needs; the permanence of the family unit; the moral fitness, mental and physical health of the parties; the child's home, school, and community record; the **reasonable preference of the child** (if of sufficient age and maturity); the willingness to **facilitate the child's relationship with the other parent**; **domestic violence**; and any other relevant factor. The court makes findings on **each** applicable factor. Verify the **current** enumeration and wording of MCL 722.23 in the corpus before drafting findings. ## Parenting time (MCL 722.27a) Parenting time is governed by **MCL 722.27a**. The statute expresses a policy that a child is generally best served by a **strong relationship with both parents** and that parenting time shall be granted in a frequency, duration, and type **reasonably calculated to promote a strong relationship**, unless it would endanger the child's physical, mental, or emotional health. The statute lists factors the court may consider in setting a schedule, and parenting time is administered and enforced through the **FOC** (see `mi-family-court`). ## Change of domicile / relocation — the 100-mile rule (MCL 722.31) Where a court order governs custody and **no parent has sole legal custody**, a parent may **not** change a child's **legal residence more than 100 miles** from the child's legal residence at the time of the order's commencement without the other parent's consent or **court permission** — **MCL 722.31**. The cap is measured in **miles, not by state lines** — it applies to an out-of-state move the same as to an in-state move, and is **not** triggered by a move of any distance under 100 miles even if it crosses into another state. The rule does not apply where a parent has **sole legal custody** (MCL 722.31(2)), where the child's two residences were already more than 100 miles apart at the time of the order (MCL 722.31(3)), or where the move brings the two residences **closer** together (MCL 722.31(3)). When deciding a contested change of domicile, the court considers the statutory factors at **MCL 722.31(4)** — the codification of the **D'Onofrio** factors as adopted in Michigan (e.g., *Rittershaus v Rittershaus*): 1. Whether the move has the **capacity to improve the quality of life** for both the child and the relocating parent. 2. The **degree to which each parent has complied** with, and utilized, the parenting-time order, and whether the move is motivated by a desire to **frustrate** parenting time. 3. The degree to which the court can **modify the parenting-time schedule** to preserve and foster the child's relationship with the non-relocating parent, and whether each parent is likely to comply with a modified schedule. 4. The extent to which the opposing parent's resistance is motivated by a desire to secure a **financial advantage** with respect to support. 5. **Domestic violence**, regardless of whether directed against or witnessed by the child. Where a change of domicile would also alter the **established custodial environment**, the clear-and-convincing best-interest analysis (above) is triggered as well. Verify the current factor text at MCL 722.31 in the corpus. ## Child support (MCL 552.605 + the Michigan Child Support Formula) Michigan support is set by formula. The statutory directive at **MCL 552.605** requires the court to order support **in the amount determined by the Michigan Child Support Formula (MCSF)** unless it finds, on the record, that application of the formula would be **unjust or inappropriate** (a deviation must be supported by specific findings). The MCSF is an **income-shares** model: both parents' incomes are combined, a base support obligation is determined for the number of children, and the obligation is apportioned between the parents and adjusted for **parenting time / overnights** and add-ons (child-care and medical/health-care premiums). The formula also addresses **imputation of income** where a parent is voluntarily unemployed or underemployed. Establishment, review, and **enforcement** (income withholding, license/tax-refund actions, contempt) run through the county **Friend of the Court**. Modification requires a **change of circumstances**. > The MCSF schedules, percentages, low-income thresholds, and > overnight tables live in the **MCSF Manual and supplements** and > are **amended periodically** — always run the **current** > official formula rather than relying on stale figures. See the > corpus and `mi-law-references` for the controlling numbers. ## Spousal support / alimony (MCL 552.23, 552.28) Michigan has **no rigid spousal-support formula**. Support is awarded under **MCL 552.23** on a **case-by-case**, multi-factor analysis. Courts weigh factors developed in the case law, including: the parties' **past relations and conduct**; the **length of the marriage**; each party's **ability to work**; the **source and amount of property** awarded in the division; each party's **age** and **health**; the parties' **needs** and **prior standard of living**; the **ability to pay**; and general principles of **equity**. - **Modifiability — MCL 552.28.** Periodic spousal support is **modifiable** on a change of circumstances. Support ordered **"in gross"** (a fixed, non-modifiable total) is **not** modifiable — draft and characterize the award deliberately. ## Common-law marriage (MCL 551.2) Michigan **abolished common-law marriage** by **MCL 551.2** for marriages contracted within the state on or after **January 1, 1957**. Cohabitation and reputation in Michigan do **not** create a marriage. However, a common-law marriage **validly contracted in another state** that recognizes it is honored in Michigan under the rule that Michigan recognizes marriages valid **where contracted**. A party asserting an out-of-state common-law marriage must plead and prove its validity under that state's law. ## Jurisdiction over children and interstate cases - **UCCJEA — MCL 722.1101 et seq.** governs subject-matter jurisdiction over **custody / parenting-time** determinations. The child's **home state** generally controls. Plead the UCCJEA jurisdictional allegations (and the required affidavit of the child's residences for the prior period) in the complaint or petition. - **UIFSA — MCL 552.2101 et seq.** governs interstate **support** establishment, modification, and enforcement, including registration of out-of-state orders and the continuing-exclusive-jurisdiction rules. ## PPOs / domestic violence (cross-reference) Domestic-violence and stalking **personal protection orders (PPOs)** are filed in the Family Division and frequently run parallel to a divorce or custody case; their issuance can bear on the **best-interest** and **domestic-violence** factors above. The **procedural** PPO mechanics — petition forms, the ex parte standard, the show-cause hearing, and service — live in `mi-family-court`. Coordinate any PPO with the parenting-time and possession provisions across the cases. ## Drafting checklist - [ ] Forum correct (Circuit Court Family Division, proper county venue) — see `mi-family-court` - [ ] Sole no-fault ground pleaded in the **MCL 552.6** statutory language; residency (180-day state / 10-day county) under MCL 552.9 alleged - [ ] Waiting period (60 / 180 days from filing) calculated under MCL 552.9f — verify with `mi-deadlines` - [ ] Property **classified** (marital vs. separate) before proposing an equitable division under the **Sparks** factors; invasion of separate property pleaded under MCL 552.23 / 552.401 if sought - [ ] Custody analyzed against the **established custodial environment** (MCL 722.27(1)(c)) with findings on the **12 best-interest factors** (MCL 722.23) - [ ] Parenting time framed under MCL 722.27a; any relocation handled under the **100-mile rule** + MCL 722.31(4) factors - [ ] Child support run on the **current** official **MCSF**; deviation, if any, supported by record findings under MCL 552.605 - [ ] Spousal support request identifies whether periodic (modifiable, MCL 552.28) or **in gross** (non-modifiable) - [ ] UCCJEA / UIFSA allegations included where there is an interstate element ## Composition - For format and the MCR 1.109 caption: `mi-statewide-format` - For the Family Division venue, FOC intake, SCAO mandatory forms, and PPO mechanics: `mi-family-court` - For drafting the complaint / petition / motion: `mi-draft-motion` - For sworn declarations / affidavits: `mi-draft-declaration` - For a proposed judgment of divorce / order: `mi-draft-order`, `mi-submit-order` - For pro se conventions and self-represented intake: `mi-pro-se` - For the 60/180-day waiting period and other deadlines: `mi-deadlines` - For hearings and oral argument: `mi-hearings` - For citation verification: `mi-fact-check` - For canonical MCL text and the MCSF Manual: `mi-law-references` ## References - `references/divorce-grounds-residency.md` — MCL 552.6 no-fault ground, MCL 552.9 residency, MCL 552.9f waiting periods - `references/property-division.md` — marital vs. separate classification, the Sparks v Sparks factors, invasion under MCL 552.19 / 552.23 / 552.401 - `references/custody.md` — Child Custody Act (MCL 722.21 et seq.), the 12 best-interest factors (MCL 722.23), established custodial environment (MCL 722.27(1)(c)) - `references/parenting-time-relocation.md` — MCL 722.27a parenting time + the 100-mile change-of-domicile rule (MCL 722.31) and the D'Onofrio / Rittershaus factors - `references/child-support.md` — MCL 552.605 + the Michigan Child Support Formula income-shares model and worksheet inputs - `references/spousal-support.md` — MCL 552.23 factors and the MCL 552.28 modifiable-vs-in-gross distinction - `references/uccjea-uifsa.md` — MCL 722.1101 et seq. and MCL 552.2101 et seq.