Michigan divorce with or without children is a process designed to help two people who are married but now no longer wish to be together and seek to 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.
FAQs About Michigan Divorce
Is Michigan a Fault or No-Fault Divorce State?
Michigan is a no- fault divorce state. Therefore, in order to obtain a divorce in Michigan, you are not required to provide evidence of adultery, abandonment, or domestic abuse. Additionally, your spouse is not required to support your decision to start the divorce.
What are Divorce Residency Requirements in Michigan?
You must satisfy the residency requirements before bringing a divorce in Michigan. Before submitting divorce papers, the state requires that you or your spouse reside in Michigan for at least six months. The circuit court in your county is where you can submit the paperwork.
Although it is not required, the majority of people file in their county. If your spouse has lived in the county for at least ten days, you can also submit the paperwork there.
When Should I buy the Corvette?
After the divorce of course.
Here are some of the steps to take:
File the Paperwork
You can start the divorce process by going to your county courthouse and completing a summons, complaint, and other paperwork. Either prepare the documents on your own or with legal counsel then you must have someone serve the papers to your partner once you have provided the court with the necessary paperwork.
Let Your Spouse File an Answer
Your spouse has the chance to respond after you serve them. Every paragraph of your divorce complaint can have a response from them. With the help of this procedure, your spouse can inform the judge of the terms they concur with and the areas in which they disagree with the document.
The Waiting is the Hardest Part
If you don’t have any young children, your divorce case might be put on hold. Spouses are required to wait two months beginning with the filing of the paperwork by one person. If they do have children, they must wait six months. The waiting period doesn’t begin before filing, even if you physically separate before that. The court may refer you to a mediator to help you and your partner reach a mutually beneficial arrangement.
Consider a Dismissal
If you and your spouse might decide to remain a couple while the divorce is being filed. You can dismiss the judge as long as you file the forms and your partner doesn’t respond or make a motion. Both parties must sign the dismissal if your spouse does respond to the divorce papers.
The Final Countdown
Your divorce may end in one of four ways if you don’t file for dismissal. Your relationship with your spouse, the underlying problems, and your lawyer’s advice will all affect the result.
The four thing that could happen in a divorce.
- A default judgment, where your partner does not participate in the case.
- A negotiated judgment, where you and your partner work it out to establish terms and resolve crucial issues.
- A mediated agreement, where you and your spouse go through mediation to come to an arrangement.
- A trial, where a judge decides the terms when you and your partner cannot or refuse to an agreement.
Judgement of Divorce
You must obtain a judgment of divorce after the judge has made up its mind. To complete your divorce in Michigan, the judge signs this document. The agreements regarding child support, legal custody, and other arrangements must be upheld by you and your spouse.
What to do after the Divorce
- Plan the party
- Focus on you (and your children)
- Live your life
- Get the Corvette
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. It is best to have an Attorney represent your interests in a divorce.
MICHIGAN DIVORCE LAWS
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.