Process of Divorce in Michigan

Getting a divorce in Michigan is somewhat simpler than filing for divorce in other states because there is only ground for filing for divorce. Michigan is what is known as a true no-fault state when it comes to getting a divorce; the statutory require for divorce is:

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

How to Get a Divorce in Michigan

You must meet the following requirements to get a divorce in Michigan:

At least one of the parties must have lived in the state for 180 days.
At least one of the parties must have lived in the county where the divorce is filed for 10 days.
There is no required separation period before the divorce can be filed with the court.
The essential documents for filing a divorce are a complaint for divorce and a Judgment of Divorce.
Other documents that may be needed depending on your circumstances are Summons, Verified Statement, Marital Settlement Agreement, Notice of Hearing, and Record of Divorce or Annulment.
If there are, no children born of the marriage a divorce can be final 60 days after filing.
If there are children born of the marriage the divorce will not be final for at least six months and can be further delayed by issues involving custody, support, visitation, and property division.
Custody, Support, and Property division

Custody of children is determined by the best interest of the child standard. The court assumes that it is in the best interest of the child to maintain contact with both parents. Custody is usually awarded to the primary caregiver in cases involving young children; however, it is no longer true that the wife always gets custody of the children if they are older.

Michigan requires that both parents provide financial support to the child. The court attempts to maintain the standard of living the child enjoyed during the marriage. The child being the innocent party in a divorce and should not suffer because the parents cannot maintain their relationship. The amount is determined by a formula that calculates the earning potential of each spouse.

Michigan is an equitable division state in determining the division of the marital estate. All property obtained during the marriage regardless of how it is titled is considered part of the marital estate. The judge divides the property in a way that is considered fair but not necessarily equal.

Do You Need a Lawyer?

Divorce can be complicated depending upon your circumstances especially if there are children and property to be divided. Consider consulting competent legal counsel to determine your situation.

Thinking About Divorce?