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Divorce

Protecting Your Interests in a Michigan Divorce

Prior to the 1970s, a married person in Michigan (as in most U.S. jurisdictions) who sought a divorce was required to prove that the other spouse was somehow at fault. This meant proving โ€œgroundsโ€ such as adultery, desertion, or mental cruelty. It was not enough to show that the marriage was broken, even if the other spouse agreed. In too many cases, this forced one member of a couple to exaggerate or even make up stories about his or her spouseโ€™s wrongdoing.

The โ€œfaultโ€ requirement has since been eliminated from Michiganโ€™s divorce law. Today, the court can grant a divorce request by either spouse if it finds that โ€œthere has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.โ€

As discussed elsewhere on our website, the elimination of the need to show fault doesnโ€™t always mean you or your spouseโ€™s misconduct is completely irrelevant for all purposes. It may still come into play in determining the division of the marital assets and if there are disputes over child custody.

At Lucido & Manzella, we have many years of experience advising individuals who wish to legally end their marriages.

โ€œNo-faultโ€ does not mean โ€œno issuesโ€ or โ€œno emotionโ€. You and your spouse will still need to agree โ€“ or if you canโ€™t, youโ€™ll ask the court to decide โ€“ things such as who will have primary custody of children, who will pay child support (and how much), and how the marital home and other assets will be divided.

Talk to a Macomb County Divorce Attorney

Even if you believe you and your spouse are in general agreement on such issues, it is advisable to consult an experienced divorce lawyer in order to understand your rights and responsibilities toward him or her and any children and to be sure your understanding is properly documented. The caring and experienced family lawyers at Lucido & Manzella, P.C. are ready to help make this major transition in your life go as smoothly as possible.

FAQs About Divorce in Michigan

Do I need to go to court to finalize my divorce?

Not always. Many divorces in Michigan are resolved through settlement agreements, which can eliminate the need for a trial. If you and your spouse can agree on major issues like dividing assets and child custody, youโ€™ll likely only need a short court appearance for the judge to finalize everything. However, if no agreement is reached, a court hearing may be necessary.

What if my spouse and I canโ€™t agree on major issues?

If you and your spouse canโ€™t come to an agreement, the court will step in to make decisions for you. This process involves presenting evidence and arguments to a judge, who will decide how to handle matters such as dividing assets, parenting arrangements, and financial support. Although this route can be time-consuming and expensive, it protects your rights when a compromise cannot be reached.

What are the residency requirements for filing for divorce in Michigan?

To file for divorce in Michigan, you or your spouse must have been a resident of the state for at least 180 days before filing. Additionally, the filing must occur in a county where one of you has lived for at least 10 days prior.

What happens if my spouse wonโ€™t sign the divorce papers?

Your spouseโ€™s agreement isnโ€™t required for a divorce to move forward in Michigan. As a no-fault divorce state, Michigan allows you to file for divorce simply on the grounds that the marriage has irretrievably broken down. If your spouse refuses to respond to the filing, the court may grant a default divorce after confirming proper legal notice was provided.

Are there alternatives to divorce in Michigan?

Yes, Michigan offers an option called โ€œseparate maintenance.โ€ This allows couples to remain married while having court-ordered arrangements for support and custody. Some choose this option for religious or financial reasons, but it doesnโ€™t allow either party to remarry.

Talk To An Experienced & Aggressive Lawyer Today.

We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.

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