1. + Bellwork List 3 reasons why you think people take the plunge and get married. Did you know? Being married to 2 people at the same time is against the law in all 50 states. This is called bigamy. The crime is punishable by a fine, imprisonment, or both.

2. + Today’s topics: Marriage, Annulment, and Divorce

3. + Benefits to being married in Michigan Tax Benefits Filing joint income tax returns with the IRS and state taxing authorities. Creating a "family partnership" under federal tax laws, which allows you to divide business income among family members. Estate Planning Benefits Inheriting a share of your spouse's estate. Receiving an exemption from both estate taxes and gift taxes for all property you give or leave to your spouse.estate taxes and gift taxes for all property you give or leave to your spouse. Creating life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts. Creating life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts. Obtaining priority if a conservator needs to be appointed for your spouse -- that is, someone to make financial and/or medical decisions on your spouse's behalf. Obtaining priority if a conservator needs to be appointed for your spouse -- that is, someone to make financial and/or medical decisions on your spouse's behalf.

4. + Benefits, cont. Government Benefits ReceivingSocial Security, Medicare, and disability benefits for spouses.Social Security, Medicare, and disability benefits for spouses. Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans. Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans. Receiving public assistance benefits. Employment Benefits Obtaining insurance benefits through a spouse's employer. Taking family leave to care for your spouse during an illness. Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse. Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse. Taking bereavement leave if your spouse or one of your spouse's close relatives dies. Taking bereavement leave if your spouse or one of your spouse's close relatives dies.

5. + Benefits, cont. Medical Benefits Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility. Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes for treatment. Death Benefits Consenting to after-death examinations and procedures. Making burial or other final arrangements. Family Benefits Filing for stepparent or joint adoption. Applying for joint foster care rights.Receiving equitable division of property if you divorce.Receiving spousal or child support, child custody, and visitation if you divorce.child support, child custody, and visitation if you divorce.

6. + Benefits, cont. Consumer Benefits Receiving family rates for health, homeowners', auto, and other types of insurance. Receiving tuition discounts and permission to use school facilities. Other consumer discounts and incentives offered only to married couples or families. Other Legal Benefits and Protections Suing a third person forwrongful death of your spouse and loss of consortium (loss of intimacy).wrongful death of your spouse and loss of consortium (loss of intimacy). Suing a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these laws are available in only a few states). Suing a third person for offenses that interfere with the success of your marriage, such as alienation of affection and criminal conversation (these laws are available in only a few states). Claiming the marital communications privilege, which means a court can't force you to disclose the contents of confidential communications between you and your spouse during your marriage. Claiming the marital communications privilege, which means a court can't force you to disclose the contents of confidential communications between you and your spouse during your marriage. Receiving crime victims' recovery benefits if your spouse is the victim of a crime.Obtaining immigration and residency benefits for noncitizen spouse. Receiving crime victims' recovery benefits if your spouse is the victim of a crime.Obtaining immigration and residency benefits for noncitizen spouse. Visiting rights in jails and other places where visitors are restricted to immediate family. Visiting rights in jails and other places where visitors are restricted to immediate family.

7. + State of Michigan Application Process The marriage license fee is $20.00 for residents of Michigan. $30 for non-residents.In order to get married in Michigan, couples must apply in person, with current valid driver’s license or state I.D. to obtain a marriage license from the County Clerk of the COUNTY in which either applicant resides You must be 18 years of age to apply for a marriage application in Michigan. 16 and 17 years old requires parent consent by both parties. There is a three-day waiting period after the application before the license may be issued and used. No blood test or residency requirements. Marriage license is valid for 33 days Sex - As of June 2015, same-sex and different sex partners are allowed to get married. [3][4]

8. + Wedding Ceremony!!!!! Who would like to get married?????????????????

9. + Annulment What is an annulment? Annulment is a civil court process that declares a marriage never existed. You can only get an annulment in very limited situations. This process should not be confused with a religious annulment, which can only be granted through your clergy. A religious annulment has no legal effect on your marital status. Many people think an annulment is an easier or quicker alternative to getting a divorce, but this is simply not true. Because the situations in which an annulment could be granted are limited and very specific, you should seek the help of a lawyer.

10. + Grounds for an Annulment in MI. A spouse may seek an annulment if the marriage is invalid. In Michigan, a marriage may be invalid due to any of the following: Force or Fraud When consent of one spouse was obtained by force or fraud, and the husband and wife did not live together voluntarily after the marriage, then the marriage may be annulled. Examples of fraud include a woman who knows she is unable to have children and does not tell the husband before getting married a woman who is pregnant by another man and the soon-to-be husband didn’t know she was pregnant at time of marriage, one spouse enters marriage intending to never have sex and never have children and didn’t tell the other spouse of this intention. If an annulment is granted for force or fraud, custody of children from the marriage will be given to the innocent parent.

11. + Annulment, cont. Bigamy Bigamy happens when one spouse was already married to another living person at the time of the second (or subsequent) marriage. This type of marriage is completely void. Under Age In Michigan, persons under age of 16 are not allowed to get married unless there is permission from a signed court order. However, if the husband and wife freely live together as husband and wife after reaching age of consent, then the marriage becomes valid. Incapacity Incapacity can include physical incapacity and mental incapacity. If one spouse suffered from a physical incapacity, defect or infirmity at the time of the marriage, the marriage may be annulled if a case is brought to court within two years of the marriage date. Kinship A marriage is invalid if it's between a man and woman who are related closer than first cousins, including stepfamily relations.

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13. + Steps to getting a Divorce in MI You or Your Spouse Must Be a Michigan Resident You Don't Have to “Prove” Anything to Get a Divorce Michigan has “no-fault” divorce. No-fault means that you don’t have to prove cheating, abandonment, cruelty or anything else to get a divorce. Your spouse doesn't have to agree to give you a divorce. You can get a divorce even if you are the person who did something that made your marriage end. You do not need to have a legal separation or even be living apart in order to file for divorce. To get a divorce in Michigan at least one spouse must testify that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”

14. + Steps to a Divorce, cont. Property and Debt Division Your marital property will be divided fairly. Your marital debt will also be divided fairly. Marital property and debt are those that you acquired during your marriage A retirement or pension plan is also marital property and the court can award the other spouse an interest in the plan. If you and your spouse can’t agree about how to divide your property and debts, the court will decide how to divide them. In deciding what is fair, the court will consider: The length of your marriage Contributions to the marital estate Your age Your health and your spouse’s health Your standard of living during the marriage The needs of each of you, and your current living situations Your ability to make money Your conduct during the marriage (fault)Fairness Above criteria also will also decide if you or your spouse will pay spousal support (alimony).

15. + Steps of getting a divorce in MI 1. File a summons with the court (this can be done online or with a lawyer) 2. Serve your spouse the papers 3. Either your spouse can “answer” the summons agreeing with terms or “answer” disagreeing with terms. If your spouse does NOT answer or agrees to the terms then your divorce is considered “uncontested". (However, just because a divorce is uncontested doesn’t mean the court will approve all of your decisions. The terms must still be reasonable and must follow the law. For example, the property division must be fair and the custody arrangement must be in the children’s best interests).

16. + Steps to getting a divorce in MI, cont. 4. Waiting Period -If you and your spouse have children together there is a six-month waiting period before you can get a divorce. The waiting period begins when you file your divorce even if you and your spouse were separated before that. -If you and your spouse don't agree on everything, your divorce can take much longer than the six-month waiting period. -The court can waive part of the waiting period in some cases. You need to show that waiting the full 180 days to finalize your divorce would cause a significant hardship to you or your children. The judge may agree to shorten your waiting period for other very compelling reasons. The length of your separation could be a factor in the judge’s decision. -The judge cannot make the total waiting period less than 60 days.You can file a motion to ask the judge to waive part of the waiting period.

17. + Steps in a divorce, cont. 5a. While your case is pending you may be referred to the Friend of the Court (for child related issues) and also to a mediator. A mediator is often assigned to help you and your spouse reach an agreement about the issues in your case, such as child custody, parenting time, child support, property and debt division and spousal support (alimony). If you can’t reach an agreement about these things the mediator may issue a recommendation. Note: If there has been domestic violence in your marriage, mediation is not recommended. Let the court know if you have a personal protection order or if you are afraid to negotiate with your spouse.

18. + Steps in a divorce, cont. 5 b. Dismissal While your divorce is pending, you and your spouse may decide you don’t want to get divorced. If you want to dismiss your case, a lot depends on how far along you are in the divorce process. If you filed a complaint for divorce, and your spouse has not filed an answer or motion in the case, you can file a Dismissal. You can do so without your spouse’s consent. If your spouse has already filed an answer or motion, you can only file a Dismissal if your spouse agrees to dismiss the divorce. In that situation, your spouse also must sign Even if you filed the complaint for divorce, your spouse could decide to keep the case going. If your spouse has already filed an answer or motion and will not agree to dismiss the case, you can file a motion asking the judge to dismiss the case. However, if your spouse wants to be divorced, it is likely that the judge will let the case continue. Even if you filed the complaint for divorce, your spouse could decide to keep the case going. If your spouse has already filed an answer or motion and will not agree to dismiss the case, you can file a motion asking the judge to dismiss the case. However, if your spouse wants to be divorced, it is likely that the judge will let the case continue.

19. + Steps to a divorce, cont. 6. Finalizing the Divorce Your divorce might be resolved in one of the following ways: By default judgment, if your spouse does not file an answer or participate in the case By default judgment, if your spouse does not file an answer or participate in the case By negotiated judgment, where you and your spouse decide the terms together By negotiated judgment, where you and your spouse decide the terms together By mediated agreement, where you and your spouse meet with a mediator and decide the terms By mediated agreement, where you and your spouse meet with a mediator and decide the terms By trial, where the judge makes a decision because you and your spouse can’t reach an agreement By trial, where the judge makes a decision because you and your spouse can’t reach an agreement

20. + Steps in a divorce, cont. 7. Judgment of Divorce After there is a default, an agreement, or a judge’s decision, the judge will sign a judgment of divorce. The judgment will end your marriage and will decide child custody, parenting time, child support, spousal support (alimony), and property and debt division. Congratulations!! Happy Divorce