Every divorce is unique, and the answers you’ll find below are only general guidance. Your situation may have important details that deserve personal attention. With over 30 years of experience helping Michigan families through divorce and custody matters, Attorney David J. Dart can provide clear advice tailored to your circumstances. The best next step is to schedule your free consultation and talk through your questions directly.

Michigan Divorce Frequently Asked Questions

Is there an advantage to filing for divorce first?

Many people wonder if being the first to file offers any strategic benefit. In Michigan, the court does not favor one spouse simply because they filed first. However, filing first does allow you to set the initial timeline and sometimes gives you more time to prepare. You can also request temporary orders for child custody, support, or exclusive use of the marital home right away. While filing first does not guarantee a better outcome, it can help you feel more in control of the process.

Is fault relevant in a divorce?

Michigan is a no-fault divorce state, which means either spouse can end the marriage without proving wrongdoing. No one can block the divorce if one person wants it. However, many people mistakenly believe fault never matters. In reality, fault can still impact key issues. For example, judges may consider serious misconduct—like domestic violence, substance abuse, or infidelity—when deciding child custody, dividing property, or awarding spousal support. If fault has played a role in your marriage ending, you should talk with an attorney about how it could affect your case.

Should you move out of the marital residence before filing for divorce?

Leaving the marital home before you file can sometimes complicate matters. For example, if you move out without a clear agreement or court order, it may affect your claim to the property or your parenting time. However, in situations involving domestic violence or intense conflict, moving out could be necessary for your safety and well-being. Before you decide to leave, it is wise to speak with a lawyer. David can help you weigh the pros and cons so you protect your interests.

What is the difference between legal and physical custody?

Legal custody refers to the right to make important decisions about your child’s life, including education, health care, and religious upbringing. Physical custody, on the other hand, involves where your child lives and who provides daily care. Michigan courts often award joint legal custody so both parents share decision-making. Physical custody can be shared or primarily awarded to one parent, with parenting time for the other. Every custody arrangement is unique and should reflect what best supports your child’s needs. If you want to learn more about how custody works, visit our dedicated page.

Can my child be moved more than 100 miles from their address or out of state without my permission?

Generally, no. Michigan law requires a parent to get court approval or the other parent’s consent before moving a child more than 100 miles from their current legal residence. This rule applies to parents with joint legal custody. Relocation rules help ensure children maintain strong relationships with both parents. If you are considering moving, or if your co-parent has proposed a move, you should consult an attorney right away to understand your rights.

How is child support calculated?

Michigan uses a formula to calculate child support based on both parents’ incomes, the number of overnights each parent has, and certain expenses like health insurance or child care. Courts typically follow this formula closely to ensure fair and predictable support amounts. However, judges can adjust the amount if special circumstances apply.

Can a property settlement in a divorce judgment be changed after it is entered?

Usually, property settlements are final once the judgment is entered. Courts only revisit property division in rare situations, such as fraud or a serious mistake that affected the outcome. If you believe your settlement was based on false information or you were pressured into an unfair agreement, you should speak with an attorney as soon as possible. Deadlines to challenge a judgment can be very short.

Can alimony be increased or decreased, and how do the new tax laws affect alimony payments?

Spousal support—also called alimony—can sometimes be modified if there has been a significant change in circumstances. For example, job loss, disability, or a major change in income could justify a request to increase or reduce payments. Under federal tax laws that took effect in 2019, alimony is no longer tax-deductible for the payer or taxable income for the recipient in most new cases. This change can affect your overall finances, so it is important to understand how tax laws apply before you agree to any support arrangement. You can learn more on our spousal support page.

Additional Questions?

Every divorce brings unique questions and concerns. If you did not see your issue listed here, or if you’d like advice specific to your situation, David J. Dart is here to help. He offers free phone consultations so you can get clear answers without pressure or obligation.

Schedule Your Free Consultation Today

Divorce can feel overwhelming, but you don’t have to face it alone. With more than 32 years dedicated to family law, David J. Dart provides steady guidance, honest advice, and practical solutions.

Call today to schedule your free, no-obligation consultation. You can share your concerns, ask questions, and learn how David can help you protect your future.