Can I stop my spouse from divorcing me?

No, Michigan has a "no-fault" divorce law. If one spouse claims that there has been a breakdown of the marital relationship and there is no reasonable likelihood of reconciliation, the court must grant a divorce.

Does it matter who was at fault in breaking up the marriage?

It could. The court can consider fault as a factor in dividing the marital property or determining custody of the minor children.

How does the court go about dividing up marital property?

The court is required to make a fair and equitable division of all property owned by either the husband or the wife. It is presumed that a 50/50 division is fair and equitable.

The court can consider a variety of factors, including fault and the length of the marriage, and can award more than 50% of the property to either spouse.

Does it matter that everything is titled only in the spouse's name?

No. The court has jurisdiction over all property owned by either spouse. The court can even divide up property that has been given away or that is jointly owned with other relatives or business associates.

Can I get part of my spouse's pension benefits?

Yes. The court can divide pension rights, interest in a business, the value of a professional license and anything else that is capable of being owned.

It is true that the wife always gets custody of the children?

No. Legally, both spouses have an equal right to physical custody of the children. The court relies on a list of factors set forth in the statute and determines the best interest of the children in awarding custody.

Can a prenuptial agreement control how property is divided in a divorce?

Yes, if certain conditions are met. Generally, both spouses had to have been represented by different attorneys and there must have been a full disclosure of property owned by each spouse. The agreement had to be generally fair when signed. The court can still disregard the agreement if circumstances have changed and the agreement is no longer fair to both spouses. Incidentally, the spouses can sign such an agreement even after they are married.

Can a parent be denied visitation if he/she fails to pay child support?

Generally no. Denying visitation punishes the children and is not usually an appropriate sanction. There are other remedies, including arrest and imprisonment, for failure to pay child support.

Can the court award custody of the children to grandparents or other relatives?

Generally no. The court would first have to determine that both parents were unfit. The court can, however, award visitation to grandparents.