Most people get married with the assumption that the union will last forever. They don’t expect that they’ll end up going through a divorce, but things sometimes happen and marriages break down to the point that they can’t be saved.
For those who live in Michigan, filing for divorce is rather simple because the state doesn’t use a fault-based system. Divorces in Michigan are considered no-fault divorces, which means that neither party has to have done wrong. Understanding how the divorce process in this state unfolds may help residents who are considering legally ending a marriage.
No-fault divorce in Michigan
In order to obtain a divorce in Michigan, one party has to state that the marriage is broken beyond repair. Both parties don’t have to agree on this point, and there’s no requirement for proof that staying married isn’t going to be possible. Once a party honestly believes that the marital relationship has bypassed the point where it can be fixed, they must ensure that they meet certain other requirements in order to file.
Residency requirements
The Michigan residency requirement is 180 days, which means that one spouse must have lived in this state for at least that amount of time. The spouse who’s filing the divorce must have lived in the county where they’re filing for at least 10 days. The other spouse doesn’t have to reside in the county or state. Filing for divorce starts the process of resolving matters, such as child custody and property division.
Property division and spousal support
Michigan’s no-fault divorce system doesn’t consider the reason for the divorce to grant it; however, fault can play a role in property division or spousal support. The court may take misconduct, such as abuse or infidelity, into account when making determinations regarding property division or spousal support.
Property division is handled through the equitable distribution method. This means that the division doesn’t have to be equal, but it must be fair. It applies to both debts and assets.
A divorce in Michigan for a couple who doesn’t have children can take as little as 60 days, but the waiting period is 180 days minimum for those who have minor children. Having a legal representative to help ensure everything is handled correctly can be beneficial.