Michigan No-Fault Divorce
Michigan is a "no fault" divorce state. This means that either party may
seek a divorce without a showing of cause. The spouse seeking a divorce simply needs to state that the marriage is "irretrievably broken". Divorce is a law suit filed by one spouse indicating that the marital relationship has
ended and that reconciliation is not going to occur. All that is required is for one party to testify that there has been a breakdown of the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. The term “No-Fault” comes from this position that no one has to be at fault for harming or destroying the marriage for it to be dissolved, someone simply has to want out.
Again Michigan is a no fault divorce state. This means that either the husband or wife in a marriage needs no reason to file for divorce other than the desire to end that marriage. If the parties in a marriage have no children, then, with few exceptions, one must wait at least two months before the court will finalize the divorce.
If the parties in the marriage have children, then, with few exceptions, one must wait at least six months before the divorce can be finalized.
In Michigan, the law also allows for Separate Maintenance actions which are generally seldom filed. The
procedure is relatively the same as in a divorce matter, except that neither party may remarry. Further, the law provides that if one party institutes a Separate Maintenance suit, and the other party files for divorce, the court
will only consider the case as a divorce matter and cannot enter a Judgment of Separate Maintenance. If you have more specific questions about Separate Maintenance, please contact us.
Michigan has six-month residence requirements for divorce, which means that at least one spouse must have
had his or her permanent residence in Florida, or lived in Florida, for six months prior to the filing of the divorce action.
As a Michigan divorce and family law office, practicing divorce and family law in Oakland, Macomb and Wayne County Michigan, we understand that you may have many questions regarding divorce in Michigan. This web page, drafted by a Michigan divorce attorney, provides you with some basic Michigan divorce advice
and Michigan divorce help
Contested Divorce
A contested divorce in Michigan occurs when one or both parties dispute any matter, thus necessitating a trial. The Court will hold a trial to decide any disputed matters concerning parental responsibility, parenting time, child support, maintenance, division of property and debts, and payment of court and attorneys’ fees. The parties will generally testify as to the assets, liabilities, their income and parenting issues. The Court has broad discretion to make equitable orders and orders in the best interests of the children. A lot of the time, couples will be able to reach a settlement during a contested divorce before the case goes to trial. A settlement is a defining agreement that both parties have agreed to, and will put an end to the litigation.
Uncontested Divorce
An uncontested divorce is less expensive and time consuming than a contested divorce. A divorce is uncontested if you have no disputes with your spouse. In an uncontested divorce, one party sues the other party for divorce and the parties act in a reasonable, amicable and mature manner and they work out the details of the division of property, custody, child support, spousal maintenance, visitation, who pays the debts and all other issues.
