Michigan divorce without children is a process designed to help two people who were formally married but now no longer wish to be together, dissolve their matrimonial ties. This process requires each party to provide specific documents like a Complaint for Divorce and financial information detailing the total marital property and liabilities in order to reach a fair settlement.
The parties may also need to negotiate matters such as alimony or parental rights, before the court can grant a judgment of divorce. In general, divorces without children require less time than divorces with children, and if the parties are able to agree on all points outside of court there is no need for an extensive trial.
The stages of a divorce under Michigan law (MCL 552.6) are generally as follows:
When two parties in a long-term marriage are requesting divorce or when the divorce is high net worth and involves sizeable assets, the Michigan divorce process can be complicated. Most divorces are more difficult, even though some can be fairly simple if there are few marital assets, no children from the marriage, or when the parties can agree on every aspect of the divorce. As a result, the majority of divorce proceedings involve many steps, one of which is referred to as “discovery.”
Complaint or divorce petition
One of the parties initiates the divorce process by submitting a complaint (also referred to as the petition) to the relevant court. The other party is then served with the complaint. Once the other spouse (the one who is not divorcing) receives the complaint, they have a chance to respond. This is referred to as “answer.”
Interim orders
Even though the divorce is still pending, there are a number of reasons why an interim order might be required. Interim orders often deal with issues like child custody, child support, and spousal support.
Discovery
At this stage of the process, both parties can ask the other for information. Below, we’ll go into more detail about this step of the procedure.
What is Discovery?
In legal terms, discovery is the pre-trial process of obtaining facts and information relevant to the dispute in question. This involves both parties sharing documents and other materials that may be pertinent to the case. It also includes questioning of parties, witnesses, or experts in order to gain more clarity on the situation.
The types of evidence that can be obtained during this process depend largely on local rules and regulations; however, common measures may include interrogatories, requests for production of documents, depositions or physical examinations. This allows for a better understanding of the facts in dispute which then guides attorneys as they prepare for further proceedings and trials.
Hearing/ trial
Both parties may need to appear before a judge more than once, and frequently. Before the divorce court renders a decision, the parties will typically require to appear in court.
Judgment
The court will declare a divorce after hearing the case. Information about child custody, spousal support, property division, and other matters can be resolved by the divorce judgment.
Some people may be able to use cooperative divorce or alternative dispute resolution methods because not all divorce cases will go through a protracted divorce process. For instance, some couples might decide to settle their dispute through mediation.
Read the laws in detail by clicking the links below. This will take you to the Michigan Compiled Laws website which will have the most current information.
JUDGMENTS OF DIVORCE OR SEPARATE MAINTENANCE
Act 259 of 1909
AN ACT to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof.
The People of the State of Michigan enact:
| Document | Type | Description |
| Section 552.101 | Section | Judgment of divorce or separate maintenance; determining rights of wife or husband in and to policy of life insurance, endowment, or annuity; discharge of liability on policy; determination of rights; assignment of rights. |
| Section 552.102 | Section | Realty owned jointly or by entireties; effect of divorce without determination of ownership in decree. |
| Section 552.103 | Section | Realty owned jointly or by entireties; bill of complaint, disposal, sale order, partition. |
| Section 552.104 | Section | Divorce decree; certified copy; recording. |
AWARD OF PROPERTY OWNED BY SPOUSE TO PARTY
Act 42 of 1949
AN ACT to confer power upon the circuit court of this state to include in decrees of divorce and of separate maintenance provisions awarding to a party all or part of the property, either real or personal, owned by his or her spouse if the facts establish that the party contributed to the acquisition, improvement, or accumulation of the property.
History: 1949, Act 42, Eff. Sept. 23, 1949 ;– Am. 1983, Act 215, Imd. Eff. Nov. 11, 1983
The People of the State of Michigan enact:
| Document | Type | Description |
| Section 552.401 | Section | Property owned by spouse; award to party contributing to acquisition, improvement, or accumulation thereof; effect of decree. |
| Section 552.402 | Section | Certified copy of decree; recording or filing. |
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As with everything – laws, rules, regulations, statues, licensing, etc… change and evolve. Before acting upon any information found on this site or the internet, please consult a local attorney experienced in family law or divorce law.