Michigan has a divorce rate of 3.9% per 1,000 of the total population. Michigan family court follows liberal laws and so Michigan has only no-fault divorce ground and on the basis of these the family courts of Michigan grant divorce. This means that it not important to prove any fault for obtaining or giving a divorce.
In Michigan State divorce is preferred over annulment for certain obvious reasons. It is primarily because annulment is harder to seek as compared to divorce. Secondly in case of annulment, none of the spouses are entitled to support or alimony.
Trained divorce attorneys are available all the time to protect your legal rights.
Divorce Grounds in Michigan
In Michigan the complaint lodged for divorce is the proof you show in the state court that you no longer want the marriage to continue. The state court will then announce divorce upon spouses’ consent and after taking in account any likelihood of reconciliation for preservation of the marriage.
Known as “no-fault” divorce state, there is only one divorce ground in Michigan:
Irretrievable Breakdown of the Marriage:
If there has been a breakdown of the spousal relationship to such a degree that the matrimony has been totally finished, both you and spouse are entitled to obtain divorce under this divorce ground in Michigan. Judges require only a presentation of this declaration, details aren’t important.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Michigan.
Michigan Divorce Laws
Michigan has following divorce laws:
Like other states of the US, Michigan divorce laws have also compulsory residency requirements for filing divorce. A verdict of divorce shall not be approved by a court in Michigan unless the defendant has resided in the same state for 180 days immediately before filing the case.
Documents Required for Filing Divorce
Following are the essential documents needed to start and finalize a divorce according to Michigan divorce laws:
- Complaint for Divorce
- Judgment of Divorce
Other documents that you may be required to file during the divorce process are:
- Verified Statement
- Marital Settlement Agreement
- Notice of Hearing
- Record of Divorce or Annulment
Distribution of Property
Michigan is also an “equitable distribution” state. The marital property is divided in an equitable (fair) fashion. The court asks the spouses to resolve the property and debt issues; else the court declares the property award.
Change of Name or Restoration of Name
Under Michigan divorce laws, the female spouse can take up her median name after obtaining divorce.
According to Michigan divorce laws, the court provides mediation to assist the parties in settling voluntarily a dispute concerning child custody or parenting time. Parties are required to meet with a domestic relations mediator.
The court finalizes divorce process and awards the portion of marital property that each spouse deserves, after the claimant has requested for it. In case the awarded estate is insufficient, the divorce court may further award to either party the part of the real and personal estate. During such cases all the other circumstances of a case are also taken in account.
When tackling the child custody issue, the Michigan courts will do their best to help lessen the emotional shock the child may experience. According to Michigan divorce laws, parents are supposed to come to conclusion, if not the divorce court establishes the custody order at its discretion.
Michigan child support guidelines are based on the Income Shares Model for calculating child support. As per Michigan divorce laws, the monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Michigan Annulment Laws: AboutDivorce.org
A person petitioning for annulment must prove a valid ground recognized by Michigan annulment laws. Michigan annulment grounds are:
Bigamy or Existence of a Prior Marriage
Michigan marriage laws clearly state that both the spouses must be single at the time of marriage. Annulment becomes legal under Michigan annulment laws, if a person is already married and enters into a new marriage without divorcing.
Partial or complete mental illness is a valid annulment ground according to Michigan annulment laws. It is illegal to marry a mentally disabled person.
If your spouse has a physical disability which is adversely affecting your married life, you can get your marriage annulled in Michigan.
This is a legal and common Michigan annulment ground. If your spouse is infected with a sexually transmittable genital disease, you can obtain annulment under Michigan annulment laws.
Michigan Divorce Laws-Frequently Asked Questions
- What is the minimum time period required for processing of a divorce in Michigan?
There are two conditions, i.e. in case of divorce involving children it takes atleast 60 days whereas if there are no children involved, you have to wait for a minimum of six months to get divorced in Michigan.
- How much a divorce in Michigan costs?
Divorces in Michigan always cost more than you expect. According to the latest research a Michigan divorce costs approx. $18,000 in urban area.
- If I can’t afford a divorce lawyer, can I represent myself in the court for a divorce?
Of course you can represent yourself in the court. However it will be tough to fight an experienced divorce lawyer or divorce attorney, so it will be better to hire the services of a divorce lawyer.
- For how long shall I reside in Michigan to get a divorce?
Michigan divorce laws require a mandatory residency period of 180 days. In case you are filing a divorce case from a country district, the residency period for filing a divorce is 10 days.
- Can I and my spouse hire the same divorce lawyer or divorce attorney?
No, you and your spouse can’t hire the same divorce lawyer or divorce attorney because it is not possible for a single divorce lawyer to attack and defend the same person at the same time.
- Is there a requirement to hire a divorce lawyer or divorce attorney in Michigan?
No, there is no restriction that you can’t represent yourself, but it is more appropriate to engage the services of a divorce lawyer for a Michigan divorce proceedings.
- Can I claim a divorce if my spouse is not living in Michigan?
According to Michigan divorce laws, you can file a case in the court for Michigan divorce whether your spouse is living in the same state or not. The court will give a time period of one week or one month to your spouse to respond.
- Is there any condition of separation in Michigan divorce law?
No, there is no condition that the spouse must be living separately for a period to file for a divorce decree.
- What is meant by uncontested divorce?
Uncontested divorce is a divorce which takes place on the settlement of the spouses without going through the court proceedings. An agreement which is made through mediation is known as uncontested divorce agreement.
- Are there any other charges for filing a divorce?
Yes, there are filing and order fees but it varies from situation to situation.
- Is the Michigan a common law state?
No, not since 1957. However the state does still recognize any common law marriages that existed prior to 1957.
- Is Michigan a No-Fault State?
Yes, Michigan is a no fault State.