Domestic Relations

Question 1

Length of Marriage

Answer 1

The length of the marriage is measured from the date of marriage (not cohabitation) to the date of divorce (not separation).

Question 2

Common Law Marriage

Answer 2

Michigan abolished Common Law marriage in 1957.

Common law marriage may be recognized by Michigan if the parties are common law married in a state that recognizes common law marriage.

Common law marriage requires that the parties

1. cohabitate as spouses
2. represent themselves to the world as spouses
3. believe themselves to be spouses.

If the couple gets legally married, then there is no common law marriage, because the couple did not believe themselves to be married.

Question 3

The substance of the Marital Estate

Answer 3

The marital estate is any property that was acquired by the parties after the date of marriage.

Property acquired before marriage and kept separate from the marital estate is separate property.

Property acquired during the marriage with the express intent (e.g. inheritance) that it be kept separate or with the agreement (e.g. pre-nuptial agreement) that it be kept separate IF the parties do not comingle the assets.

Question 4

Spousal Support Factors (Sparks Factors)

Answer 4

F.L.E.S.H. A.C.N.E.

Fault Factors 
Length of Marriage (actual marriage - not cohabitation)
Earning Capacity 
Status of Parties 
Health of Parties 

Age of Parties
Conduct of Parties
Necessities of Parties
Equity in general

Question 5

Paternity for Child Support Purposes

Answer 5

A putative ex-husband is obligated to pay child support for the temporary time that the court takes to establish long-term child support.

A child that is born, not conceived, in wedlock is presumptively the biological child of the father.

Paternity challenges are permitted to challenge the presumption, but the presumption stands until the putative father brings such a challenge.