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What are the valid grounds for filing for divorce in Michigan?

On Behalf of | May 15, 2024 | Divorce

Ending a marriage is never easy, but understanding the grounds for divorce can help couples navigate such a challenging process. To dissolve their union legally, they must establish a valid reason and meet specific requirements. If you are thinking about getting a divorce in Michigan, what are the key legal considerations for getting a divorce in the state?

A no-fault divorce state

Michigan is a no-fault divorce state, which means that a spouse does not need to prove the other party’s wrongdoing. The law merely requires a spouse to testify that their marriage has irretrievably broken down and there is no prospect of reconciliation.

Bringing up faults

Although a Michigan divorce does not require evidence of wrongdoing, a spouse may still bring up the other party’s faults during the proceedings. These include adultery, desertion, habitual drunkenness, drug addiction and cruel treatment. Mentioning and proving faults will not impact a court’s decision on granting the divorce, but it may affect rulings on property division, alimony, child custody and parenting time.

Residency requirements

The state requires that at least one spouse has resided in the state for at least 180 days before filing for divorce. They should also file the complaint in the county where either spouse resides. Additionally, a spouse must have lived in the said county for at least 10 days before the divorce filing.

Waiting and cooling-off periods

After filing the divorce complaint, the state imposes a 60-day waiting period before the court finalizes the divorce. During this time, the couple must participate in a cooling-off period to explore the possibility of reconciliation.

A life-changing transition

Going through the intricacies of ending your marriage can be complex. With legal guidance, you can protect your rights and interests throughout the process by studying your options and making well-informed decisions about your life-changing transition.

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