Divorce Guide

Divorce Guide

Getting divorce in Michigan

Michigan is a ‘no fault’ divorce state since 1973.However fault can be taken into consideration at the time of property division. The residency requirement in Michigan is 6 months. Getting divorce in Michigan is possible in any county of Michigan provided you and your spouse have lived for the last 10 days there. You can easily get divorce in Michigan by knowing following important issues of divorce process:

  • Separation: There is no need of legal separation order to take before filing for the divorce. No need to be separated for certain period before you starts your divorce.
  • For getting divorce in Michigan, you do not have to prove adultery or you do not have to require any reasons. You have to only tell the court that your marriage is broken down and it is impossible for you to live as a husband and wife.
  • After filing for the divorce you have to wait for 60 days for the next processing. This is called as cooling off period or waiting time.

There are some important processes in court proceedings. They are as follow.

  • The Complaint and answer: This is the first step for getting divorce in Michigan. When the complaint is filed, other party must be served with a copy of the complaint. Service can be done by delivering the papers directly to the other .When the other spouse receives the complaint; they usually get a lawyer to handle the case for them. They can represent themselves. The other party answers the complaint. He/she either agrees or disagrees with the issues in the complaint.
  • Friend of the court : The Friend of the Court (FOC) is a division of the Circuit Court which handles all issues involving the minor children. Custody, support and parenting time. The FOC may also handle other issues such as spousal support.

For getting divorce in Michigan you must keep following information:

  • Your last 3 year’s income tax returns.
  • Your gross income (last 3 payments)
  • Your spouse’s income;
  • Other family income;
  • Savings & checking account information, name of bank, account numbers, and information on stocks and bonds, others includes retirement accounts
  • Real Estate holdings
  • Information about marital jewelry, art work and valuable collections;
  • Pensions
  • Educational and employment background of both.
  • List any special skills or potential related to employment;
  • Any other financial matters.

Trials : If husband and wife are not able to negotiate a settlement, the Court will plan for the trials. It can take a few hours or weeks, depending on the circumstances. At the conclusion of the Trial, the Family court judge will make an opinion on the issues. One of the lawyers will then draft a Judgment of divorce including the terms and provisions given by the Judge.

In this way getting divorce in Michigan always focus on the couple’s welfare as well as in the interest of child.

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