General Divorce Requirements
A judge will determine that Michigan Divorce Requirements have been met if:
“There has been a breakdown in 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.”
Michigan is a “No Fault” state. This means that one can get a divorce without having to prove that one party did something wrong. While “Fault” is not material in determining if a Divorce should be granted it still may remain relevant to the division of the marital estate, and with regards to child custody litigation.
To file for divorce in Michigan the plaintiff must:
- Be a resident of Michigan for at least 180 days
- Must reside in the county where the divorce complaint was filed for at least ten days prior to filing (some narrow exceptions apply to this rule)
If the other party resides in another state, the Michigan court will be able to grant a valid divorce, but its ability to divide property or determine custody and child support could be limited unless the other party consents.
Under normal circumstances, a trial court in Michigan must observe a sixty day “cooling off” period before granting a divorce. This period is longer when there is a child custody dispute.
If you would like a consultation regarding your divorce, please call 248-956-1165. The first consultation is free and confidential. You have nothing to lose.