Michigan Divorce Requirements
Jurisdiction and Residency
The Plaintiff begins the divorce case by filing a document called a Complaint with the family division of the circuit court in the county of the Plaintiff's residence.
To file for divorce in Michigan, at least one of the parties (the Plaintiff or Defendant) must have resided in the state for 180 days immediately preceding the filing of the Complaint and at least one of the parties must have resided in the county in which the Complaint was filed for at least ten (10) days prior to filing. (See exception in next heading.) The filing spouse (Plaintiff) usually files the Complaint in the county in which he/she resides.
(MCL 552.9(1))
If there are no minor children, there is a 60-day waiting period before the divorce can be granted, and if the couple has minor children (children under the age of 18), the waiting period is generally six (6) months.
Exception to Residency Requirement
A person may file a Complaint for divorce in any county in Michigan without meeting the 10-day residence requirement if all of the following apply and are set forth in the Complaint:
- The defendant was born in or is a citizen of a country other than the U.S.;
- The parties have a minor child or children;
- There is information to lead the court reasonably to conclude that the minor child or children are at risk of being taken out of the U.S. and retained in another country by the Defendant.
(MCL 552.9(2))
Annulment
Annulment is a court pronouncement that a valid marriage never took place because:
- at least one of the parties had a living spouse at the time of the marriage;
- the parties are close relatives descended from the same ancestor (i.e. parent/child, brother/sister), or
- either party was incapable in law of contracting at the time of the marriage (i.e. one or both parties were under the age of consent or consent was obtained by force or fraud).
Children born of a marriage that is later annulled are nevertheless legitimate.
(MCL 552)
Legal Separation
The only grounds for legal separation (separate maintenance) in Michigan is a breakdown of 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. There is no residency requirement.
The difference between legal separation and divorce in Michigan is that the parties are not free to remarry because the marriage is not officially dissolved. Most people who decide to obtain a legal separation instead of a divorce do so for either religious or health reasons. (Some religions prohibit divorce as part of their doctrine, and in order to keep a spouse's health insurance, there cannot be a divorce in most cases.)
Settlement Agreements
To promote the amicable settlement of disputes between parties in a dissolution of marriage, the parties can agree as to the disposition of property owned by either of them, maintenance of either of them, and the support, custody and visitation of their children. The terms of the agreement will be binding on the court unless the court finds the agreement is unconscionable based on economic circumstances and any other relevant evidence. If the court finds the agreement unconscionable, it may ask for a revised agreement or may make an order on these issues itself. If the agreement is acceptable, its terms will be included in the judgment.
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