The Differences Between Michigan and Neighboring States’ Family Law Procedures

Image by Kai Reschke from Pixabay 

This post may contain affiliate links. Read the full disclosure here.

Family law can appear similar at first glance. However, once you look closely at the requirements and procedures, the differences become clear. The shifts, no matter how minor they appear, can affect many things. For instance, they impact how long a case takes. Additionally, the filing process and documents may differ. Below, we compare family law procedures in Michigan with those in Ohio, Indiana, Illinois, and Wisconsin.

How Michigan’s Family Law Differs From Neighboring States

Understanding the legal rules and requirements for approaching family law matters in your location helps you make the process less overwhelming. Here are the more significant differences between the procedures in Michigan and those of its neighbors.

Residency Requirements Before Filing

To file for divorce in Michigan, you must have lived in that state for at least 180 days before filing. Additionally, you or your spouse must have lived in the county where you plan to file for at least 10 days immediately before filing. Working with a trusted law firm ensures you file at the appropriate time.

Ohio, Indiana, and Wisconsin also require a person to be a resident in the state for about six months. However, that rule applies to state residency only. The separate requirement is the duration a person must live in the county before filing. For example, in Indiana, you must live in the county where you plan to file for at least three months.

In contrast, Wisconsin only requires 30 days. Illinois takes a different approach. The state doesn’t set a waiting rule before filing. Instead, at least one spouse must live in Illinois for about 90 days before the court can issue a final divorce judgment.

Waiting Periods Before Final Divorce

Michigan has the longest process when children are part of the case. It has a 60-day waiting period when there are no minor children. The process slows down when children are involved, and the minimum extends to about 180 days. The extra time helps address custody, parenting time, and support.

Indiana keeps things simple. The waiting period is 60 days for every case, regardless of whether a couple has children. Wisconsin takes a middle ground with a 120-day minimum after filing or service of papers.

Ohio doesn’t follow one statewide rule. Instead, the timing depends on the type of case. Many uncontested divorces require a set number of days after service, and dissolution cases usually follow a scheduled hearing range. Illinois no longer uses a traditional cooling-off period. However, a six-month separation automatically proves irreconcilable differences if one spouse disputes the grounds.

Grounds for Divorce and Fault Options

Michigan uses a no-fault system. As such, you only need to state that the marriage is irreparable. There’s no requirement to prove wrongdoing. It makes the filing process simpler. Illinois and Wisconsin take the same approach, so the process starts the same way in those states.

Indiana and Ohio work differently. Although they allow no-fault filings, they also keep fault-based grounds. These include claims like adultery, abandonment, or cruelty. Some people still choose a no-fault filing in those states. However, the option to claim fault can change how the case unfolds. It may involve evidence, witness statements, or more court hearings.

Property Division Systems

The equitable distribution model used in Michigan prioritizes fairness over a guaranteed equal split. Hence, judges evaluate factors. One of these is how long the couple has been married. They also assess spousal income and individual financial contribution. Additionally, they may consider future needs. You get the same approach in Illinois, Indiana, and Ohio. As such, the outcome depends on the specific circumstances of each case.

Wisconsin does it differently. Instead of basing it on fairness, it uses a community property system. This system assumes both spouses own marital assets equally. Hence, it creates a stronger expectation of a 50-50 division.

Child Support Calculation Models

Michigan calculates support based on several factors. These include income and healthcare costs. It also considers parenting time and the number of children. Nonetheless, a judge can adjust the support amount when a clear situation makes it unreasonable.

Illinois, Indiana, and Ohio use income-shares models. Therefore, these states consider how the family would spend if it were still living in one household. The court then looks at how much each parent earns. The judge compares both incomes and determines what percentage each parent contributes to the combined total. Support is then based on that percentage.

The approach differs in Wisconsin. Support is usually a percentage of the paying parent’s income. The more the children, the higher the percentage. Shared placement can change the calculation, but the model still starts with that percentage approach.

These systems create very different results in practice. Each one uses different worksheets, different documentation, and a different way of weighing parenting schedules. Families who move or compare states often see those differences quickly.

Conclusion

Michigan does not handle family law the same way as the surrounding states. One of these differences is residency and how long a person must live in a state before they file. There are also clear differences in how a state divides property or arrives at a child support amount. These shifts matter, especially for families who move or share parenting across state lines.

*This article is based on personal suggestions and/or experiences and is for informational purposes only. This should not be used as professional advice. Please consult a professional where applicable.