What Are the Grounds for Divorce in Michigan?
If you are interested in filing for divorce in Michigan, you might have many questions about the process. Most people are unfamiliar with the requirements of divorce proceedings until they or their spouse decide to file. Divorces are very common. Although it is an emotionally difficult process, sometimes, it is for the best.
There are many reasons that spouses decide to separate. The term “grounds” refers to the legally accepted reasons for initiating the divorce process.
With the help of a skilled family law attorney, you can ensure that your best interests are represented throughout your divorce. In the following post, we will discuss common grounds for divorce in Michigan.
Michigan Is a “No-Fault” Divorce State
Previously, certain states required the spouse seeking a divorce to provide evidence that their partner engaged in misconduct. Examples of spousal misconduct include infidelity and abandonment. These days, every state in the U.S. offers the option of “no-fault” divorces. All divorces in Michigan are categorized as “no-fault.” This means that you can seek a divorce without showing marital misconduct. This is true even if your spouse does not want a divorce.
As long as one partner requests the divorce, it can be granted. To secure a divorce in Michigan, the filing spouse must show:
- The marital relationship has sufficiently broken down
- There is no likelihood that the marriage is preservable
In other words, you need to show that the marital relationship is effectively over. If there is not a reasonable expectation that you and your spouse can work things out, you can secure a divorce in Michigan.
No-Fault Divorce Process in Michigan
The initial step in a Michigan divorce involves filing a “complaint for divorce.” This complaint should include relevant details to help the court determine the need for a divorce.
These details include:
- The wedding date
- The presence and number of children in the marriage
- The extent of marital assets and property
- Whether the marital relationship has broken down
- Any requests for spousal support payments
Also, at least one spouse must qualify as a resident of Michigan. This means that you must show proof of residency for at least 180 days leading up to the filing of the complaint. There is also a required waiting period in Michigan. In marriages involving children, the waiting period is 180 days or six months. If there are no children, the waiting period may be as short as thirty days.
If there is evidence of domestic abuse, the court may decide to expedite the waiting period. But no matter the circumstances, spouses seeking divorce must wait at least thirty days.
After the waiting period has elapsed, you will need to appear in front of a judge to testify that your marital relationship cannot be reconciled. Then the judge will issue a divorce decree, finalizing the process.
Reach Out to a Family Law Firm
If you are considering filing for divorce, it is important to hire a skilled legal representative. Having a family law attorney on your side will ensure that the divorce process goes as smoothly as possible. For the best family law attorneys in Michigan, reach out to Gucciardo Family Law. When you contact our offices, we will gladly provide you with a free case evaluation to discuss the facts of your case.
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