Divorce and Domestic Relations
The stress, pressure and anxiety that one feels while going through domestic problems can be over-whelming. Not only is there the tension brought about by the disintegrating relationship with one’s spouse, but there is the uncertainty of the stability of the children and what the future holds. There are many issues that impact divorcing couples. Although Michigan is considered a “no-fault” divorce state, meaning that the courts are obligated to grant a divorce and cannot refuse to do so when there has been a breakdown to the extent that the objects of matrimony have been destroyed, fault does play a part in the distribution of property and the custody of children.
Further, recent case law has established that when custody is established by court order, setting aside a custody order is extremely hard to do without clear and compelling evidence that it is in the best interests of the children to do so. In other words, what a court may rule regarding custody is now likely to be the established order until the children are no longer considered to be minors.