MI Bar Family Law 2 — Questions and Answers
Question 1: A wife files for divorce in Michigan after living in the state for 200 days but in her current county for only 5 days. What is the residency defect?
- She has not lived in the county for at least 10 days before filing (Correct answer)
- She has not lived in Michigan for at least one year
- She must file in the county where the marriage occurred
- There is no defect; only state residency matters
Correct answer: She has not lived in the county for at least 10 days before filing
Michigan requires 180 days of state residency and 10 days of county residency immediately before filing for divorce.
Question 2: A husband testifies in detail about his wife's adultery to obtain a Michigan divorce. How should the court treat this evidence on the question of granting the divorce itself?
- It is unnecessary because Michigan is a pure no-fault state; only breakdown of the marriage must be shown (Correct answer)
- It is required because adultery is the strongest statutory ground
- It automatically entitles him to a larger property share
- It bars the wife from receiving any spousal support
Correct answer: It is unnecessary because Michigan is a pure no-fault state; only breakdown of the marriage must be shown
Michigan is a pure no-fault divorce state requiring only proof of a breakdown of the marriage relationship, though fault may still influence property division and support.
Question 3: A couple with two minor children files for divorce in Michigan. What is the minimum statutory waiting period before the judgment can be entered?
- Six months from the filing of the complaint (Correct answer)
- Sixty days from the filing of the complaint
- One year from the date of separation
- Ninety days from service of process
Correct answer: Six months from the filing of the complaint
Michigan imposes a six-month waiting period when minor children are involved, versus sixty days when there are none.
Question 4: In a Michigan custody dispute, the child has lived with the maternal grandmother for three years, looking to her for guidance, discipline, and daily needs. What legal concept does this most directly establish?
- An established custodial environment requiring clear and convincing evidence to change custody (Correct answer)
- A de facto adoption terminating parental rights
- A rebuttable presumption of parental unfitness
- Automatic legal guardianship by operation of law
Correct answer: An established custodial environment requiring clear and convincing evidence to change custody
An established custodial environment exists where the child naturally looks to the custodian for care, and it cannot be disturbed absent clear and convincing evidence that a change serves the child's best interests.
Question 5: A Michigan court dividing marital property awards the wife 55% and the husband 45%. The husband objects that division must be exactly equal. Is he correct?
- No, Michigan requires equitable division, which must be roughly congruent but need not be mathematically equal (Correct answer)
- Yes, Michigan is a community property state requiring a 50/50 split
- Yes, unless the wife proves the husband committed a felony
- No, because Michigan courts may award all property to the primary caregiver
Correct answer: No, Michigan requires equitable division, which must be roughly congruent but need not be mathematically equal
Michigan follows equitable distribution, so a division need only be fair and roughly congruent, with significant departures requiring clear explanation.
Question 6: Before their wedding, a Michigan couple signs an agreement waiving spousal support. At divorce, the wife challenges it. Which factor would most likely render the agreement unenforceable?
- It was obtained through fraud, duress, or nondisclosure of material assets (Correct answer)
- It was signed more than one year before the wedding
- It was not filed with the county clerk before the marriage
- It addresses property acquired during the marriage
Correct answer: It was obtained through fraud, duress, or nondisclosure of material assets
Michigan enforces antenuptial agreements unless obtained by fraud, duress, mistake, or nondisclosure, or unless enforcement would be unconscionable due to changed circumstances.
Question 7: A man signs an Acknowledgment of Parentage at a Michigan hospital when a child is born to an unmarried mother. What is the legal effect?
- He is established as the child's legal father with support obligations, and the mother has initial custody (Correct answer)
- He gains automatic joint physical custody enforceable immediately
- It is merely evidence and has no binding effect until a court order issues
- It terminates any other man's ability to ever claim paternity
Correct answer: He is established as the child's legal father with support obligations, and the mother has initial custody
A properly executed Acknowledgment of Parentage establishes legal paternity and grants the mother initial custody until a court orders otherwise.
MI Bar Family Law 2
A wife files for divorce in Michigan after living in the state for 200 days but in her current county for only 5 days.
What is the residency defect?