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 “grounds” 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 spouse’s wrongdoing.
The “fault” requirement has since been eliminated from Michigan’s divorce law. Today, the court can grant a divorce request by either spouse if it finds that “there 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.”
As discussed elsewhere on our website, the elimination of the need to show fault doesn’t always mean you or your spouse’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.
“No-fault” does not mean “no issues” or “no emotion”. You and your spouse will still need to agree – or if you can’t, you’ll ask the court to decide – 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
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, you’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.
If you and your spouse can’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.
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.
Your spouse’s agreement isn’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.
Yes, Michigan offers an option called “separate maintenance.” 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 doesn’t allow either party to remarry.
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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.