Divorce in Michigan

Frequently Asked Questions About Divorce in Michigan

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

To initiate a divorce in Michigan, at least one spouse must have lived in the state for a minimum of 180 days prior to filing. Moreover, the individual seeking the divorce must also have resided in the specific county where the petition is submitted for at least the last 10 days. Individuals considering divorce must verify their eligibility according to these guidelines before moving forward with the legal proceedings to comply with Michigan laws.

Is Michigan a no-fault divorce state?

Michigan follows a no-fault divorce system, which means you can obtain a divorce without anyone having to allege or prove that the other party’s behavior is to blame. Instead, the couple only has to state that the marriage has broken down to the point that it can no longer be fixed. While fault isn’t required for filing, it can sometimes impact decisions on matters like spousal support, child custody, or property division in the long run if brought up in court.

Can a divorce be contested in Michigan?

In Michigan, divorces can be contested when spouses disagree on critical matters such as the distribution of assets, child custody, or support arrangements. When disagreements arise, the courts may require mediation as a first step to promote cooperative solutions, with exceptions to some cases ultimately proceeding to trial. If disputes remain unresolved, the final decision rests with the court.

What if my spouse does not want a divorce?

In Michigan, you can still file for divorce even if your spouse doesn’t agree to it. Michigan is a “no-fault” divorce state, which means only one spouse needs to believe the marriage is irretrievably broken for the court to proceed with the divorce. If your spouse doesn’t respond to the filing or refuses to participate in the process, the court can grant a default judgment of divorce. This allows the divorce to proceed, and the court will decide on matters like asset division and child custody based on the information and documents provided by the filing spouse.

Can I remarry immediately after a Michigan divorce?

Individuals must wait until the final judgment of divorce has been formally issued and the case fully resolved before entering into a new marriage in Michigan. The filing of a divorce petition alone does not dissolve the marriage automatically, as it is only achieved upon the court’s final order. Until this judgment is entered, both parties remain legally married, and any new marriage would be considered invalid and constitute bigamy under Michigan laws.

Do I need to hire a lawyer for a Michigan divorce?

While hiring the services of an attorney is not mandatory in pursuing a divorce in Michigan, an experienced Michigan divorce attorney can provide invaluable guidance through this often complicated and traumatic process. An attorney can help you understand your rights and obligations, navigate the legal system, and advocate for your best interests as you move forward with this new chapter in your life.