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Michigan is a no-fault divorce state. That means
that the only grounds for divorce in Michigan is that there has been
"a breakdown in the marriage relationship to the extent that the
parties cannot live together as husband and wife." In
Michigan, a divorce can be granted by the court even if one of the
parties does not want the divorce. Divorce proceedings in Michigan
follow the statutory requirements found in
Chapter 552 of the Michigan Compiled Laws. The family
division of circuit court handles all divorce cases in Michigan.
To file for a divorce, at least one of the parties must have lived
in Michigan for 180 days or more, and in the county where the case
will be filed for at least 10 days before filing a complaint for
divorce.
Each divorce case begins with filing a complaint for divorce.
Once the complaint is filed with the court, the other spouse must
file an answer to the complaint. After that, the parties begin
the process of deciding how to care for any children of the marriage
and to divide the property accumulated during the marriage. If
there are no minor children (children under the age of 18), there is
a 60-day waiting period before a divorce can be granted by
the court, even if both parties have agreed to all the issues
surrounding the dissolution of the marriage. In cases where
there are minor children born to the parties, the waiting period is
generally six months.
Before a divorce can be granted, the court must make an official
finding on the record that there has been a breakdown in the
marriage relationship to the extent that the parties cannot live
together as husband and wife. At least one of the parties must
appear in court to testify that this breakdown exists.
At the conclusion of a divorce case, the judge enters a final
order dissolving the marriage. In the order, the judge must decide
issues relating to custody of any children, including parenting time
and child support; spousal support (formerly known as alimony; and
division of the marital property. Generally, these issues will
be fully laid out in a Proposed Judgment of Divorce prepared
by one of the parties and reflecting the final agreements of both of
the parties on each issue. More information on the divorce process
can be found on the
Michigan Courts Divorce Self-Help Page. |
(313)886-5769 | info@nesilawyers.com
