Just as there are statutory restrictions on marriage, state laws also establish certain requirements for divorce. While all states now allow for some sort of "no fault" divorce, which means neither party must be at fault for the failure of the marriage, parties still must state the official grounds for divorce in court documents. Michigan's divorce laws are not much different than those in other states, although at least one party must have lived in Michigan for 180 days prior to the divorce filing.
Michigan Divorce Laws
The following table and links will help you better understand Michigan's divorce laws, and divorce in general.
| Code Section | MCLA 552.1, et seq. |
| Residency Requirements | One party must have resided in Michigan for 180 days before filing and one party has resided in county where complaint is filed for 10 days immediately preceding filing except in certain situations. |
| Waiting Period | - |
| 'No Fault' Grounds for Divorce | Irretrievable breakdown. |
| Defenses to a Divorce Filing | - |
| Other Grounds for Divorce | Breakdown of marriage relationship |
Note that states are always updating their laws. Please do additional research or speak to a lawyer to ensure you understand and follow the most recent laws in your state that might affect your case.
No Fault Divorce Laws
As previously noted, Michigan is one of many states that allows what is known as a “no fault†divorce. A no fault divorce means that you do not need to prove that your spouse was “at fault,†or did anything wrong. Instead, you just have to provide any reason that the state honors for the divorce. Under Michigan divorce law, the reason is that the marriage has suffered an “irretrievable breakdown,†which is merely a legal way of saying that you and your spouse do not get along and you cannot repair your marital relationship. Michigan also has alternatives to the standard divorce, such as an annulment or legal separation.
Michigan Custody Laws
If you and your spouse have any children together, you should be aware of how Michigan child custody laws work, as well as Michigan laws pertaining to child support guidelines and child support enforcement. Also, if you have been the victim of domestic violence, the state of Michigan has resources available to you. You can also do more of your own research by visiting FindLaw’s Divorce section for more articles and information.
Need Help with a Michigan Divorce? Contact an Attorney
Navigating the divorce process can be extremely difficult, both emotionally and legally; and if you have children together, the process will be that much more complicated. You may find that speaking with a legal professional about your case can make things easier. Get in touch with a Michigan divorce attorney today.
