Like every other state, Michigan has certain requirements to abide by and details to consider if you wish to pursue a divorce. Becoming familiar with these laws can help when it comes time to file your case in court.
While filing for divorce can be stressful and overwhelming, hiring a divorce lawyer can help ensure you never face your challenges alone.
Residency Requirements
Like many other states, Michigan has residency requirements for those seeking a divorce.
To get divorced within the state, at least one spouse must have lived within the state of Michigan for at least 180 days before filing the petition for divorce. Additionally, either spouse must have lived in the county where the complaint is filed for at least 10 days before filing.
If you or your spouse do not qualify under the second requirement, you can still file your divorce petition if all of the following are true:
- Your spouse was born in or is a citizen of another country other than the United States.
- You have a child under the age of 18.
- There is reason for the court to believe the minor children are at risk of being taken out of the U.S. and held in another country.
If you or your spouse fail to meet the residency requirements or exceptions before filing for divorce, you’ll need to wait or file for divorce in the state where you meet the requirements.
Grounds for Divorce
“Grounds for divorce” refer to legally acceptable reasons to seek a divorce. In many states, you must include your reason for filing a divorce petition, like adultery or desertion.
Michigan does not require petitioners to list a ground for divorce. Instead, divorce petitions should state the divorce is based on an “irretrievable breakdown of the marriage.” By doing so, you’re essentially saying something has broken your marriage, and there is no likelihood the marriage can be saved.
You do not need to give any detailed explanation or point any fingers in your divorce petition. For this reason, it is called “no-fault divorce.”
In their response to your petition, your spouse can either agree or disagree with these “grounds.” There is also no requirement for them to go into specifics.
Even though you do not need to state the exact reason for your divorce, this is not to say the judge will not take wrongdoing into consideration. For example, if one spouse cheated, this can affect the outcome of the divorce.
A Divorce Attorney Can Take the Guesswork Out of Your Case
There are many details to consider before filing your divorce. When you seek legal representation, a divorce attorney can explain rights, options, and procedures. Having guidance can help relieve some of the stress brought on by divorce.
Our skilled and experienced divorce attorney at Selleck Legal, PLLC, takes a tailored approach to every case. Our legal team is ready to take on your case and fight for the best possible outcome on your behalf.
Contact our firm today at (734) 729-7759 to get started on your case.
