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Michigan Family Law Blog

Saturday, May 16, 2020

What Are Considered Grounds for Divorce in Michigan?

Divorce laws vary by state. If you are considering a divorce, it is a good idea to consult with a Michigan divorce lawyer as soon as possible. An amicable divorce proceeding can quickly become a contested matter. You and your spouse may agree on the terms of your divorce, but it is best to understand your legal rights and options in advance.

Michigan is a No-Fault State for Divorces

Some states require a spouse to provide evidence proving grounds for a divorce. Grounds can range from adultery or physical abuse to abandonment and substance abuse.

Michigan is a no-fault state for divorce actions. You do not need to prove that your spouse committed any wrongdoing to be entitled to a divorce. All you need to show to the court is that your marriage has broken down because of irreconcilable differences between you and your spouse.

In other words, it only takes one spouse to claim that the marriage is beyond repair for the court to grant a divorce in Michigan. Your spouse may slow down the proceedings by objecting to the divorce or arguing over the terms of the divorce, but he or she cannot stop the divorce if you want to end the marriage.

Does Fault Impact The Terms of the Divorce?

While you are not required to prove fault to obtain a divorce in Michigan, fault can come into play in other areas of your divorce. For instance, a judge may consider spousal wrongdoing when awarding spousal support or determining property division. Also, if your spouse is abusive, that could be a factor in determining child custody and visitation.

Are There Other Requirements for a Divorce in Michigan?

Even though you do not need to prove grounds for a divorce in Michigan, there are residency requirements that you must meet. You or your spouse must have been a resident in Michigan for at least 180 days before filing for a divorce. Additionally, you or your spouse must reside in the county in which the divorce petition is filed for at least ten days before the filing of the divorce petition.

Do I Need An Attorney to File for Divorce in Michigan?

Even though you are not legally required to hire an attorney for a divorce action, that does not mean you do not need an attorney. Divorces are legal proceedings. Laws and courtroom procedures govern divorce actions. Without an attorney, you do not have the benefit of a legal advocate who understands these laws and procedures. You do not have someone to advise you of your legal rights and how to protect your best interests.

Attempting to handle your divorce without an attorney could lead to costly and painful mistakes regarding support, custody, and property division.

Contact A Michigan Divorce Lawyer for More Information

Even though Michigan is a no-fault state for divorces, that does not mean that divorce laws are not complicated. Contact our Michigan divorce lawyers to make sure that you are taking the necessary steps to protect your best interests and your future.


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