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Do You Have to Be Legally Separated Before Divorce in Michigan?

Do You Have to Be Legally Separated Before Divorce in Michigan?

Many states require couples to be legally separated for a prescribed period of time before they are eligible to file for divorce. However, Michigan divorce laws permit spouses to legally dissolve their marriage without any formal separation period. Nevertheless, it is worth noting that Michigan has several requirements for divorcing couples to meet before they can complete a divorce. Working with an experienced Michigan divorce attorney can help you understand what you need to know before beginning the divorce process.

What Are the Requirements for Divorce in Michigan?

Before Michigan will grant a divorce, spouses must fulfill the following requirements:

  • Residence – At least one spouse must have lived in Michigan for at least 180 days before filing for divorce. Furthermore, you must have lived in the county where you or your spouse files for at least 10 days before the filing.
  • Summons and Complaint – You must file a set of legal documents called the summons and complaint with the county clerk’s office, along with the appropriate fee.
  • Waiting Period – Michigan divorces are subject to a mandatory waiting period of 60 days. If the couple shares any minor children, the waiting period is six months before the divorce can be finalized.
  • Final Resolution – Before a divorce can be completed, the parties must agree on the division of marital property, child custody, child support, alimony, and other legal issues involving the marriage. 

Does Michigan Recognize Legal Separation?

Michigan does not recognize legal separation. However, couples have the option of entering into separate maintenance, which allows them to separate, establish alimony payments, and divide property without ending their marriage.

Is Michigan a No-Fault Divorce State?

Michigan does not require either party to be at fault for the court to grant a divorce. All that’s required is for one spouse to allege that the marriage has broken down and cannot reasonably be preserved.

Do I Need a Lawyer for a Divorce in Michigan?

Anyone going through a divorce in Michigan needs the assistance of a knowledgeable and skilled divorce attorney. Divorce law and trial procedures are complex, and those without a thorough knowledge of the process will invariably make costly mistakes. An attorney can help you get things right the first time while offering you the support and advocacy you deserve.

Contact Selleck Legal, PLLC, Today

If you are in the process of filing for divorce in Michigan, or if your spouse has recently served you with divorce papers, you are probably experiencing a flood of challenging emotions. To complicate matters, you may have many questions about Michigan’s divorce laws. Because each state has different requirements for divorce, the process can feel confusing and logistically daunting.

The seasoned divorce attorneys at Selleck Legal, PLLC, understand how overwhelming this time can be. We have helped many spouses move through their divorces gracefully, and we are ready to help you do the same. Contact ustoday for a confidential consultation to learn more about how we can help you.

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