General Divorce Laws in the State of MichiganMay 22, 2016
The following excerpts highlight key concepts surrounding divorce in the state of Michigan:
Grounds for Divorce in Michigan
Michigan is a “no-fault” divorce state. The only ground for divorce is “there has been a breakdown of 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”
-From 552.6 of the Michigan Revised Statutes
Michigan Residency Laws
In order to file for divorce in Michigan, at least one spouse must reside in the state of Michigan for at least 180 days immediately preceding the filing of the complaint, AND in the county where the divorce is filed for at least 10 days immediately preceding the filing of the complaint.
However, if the cause for divorce occurred outside of the state of Michigan, the residency requirement is one year. Absence from the state of Michigan for 90 days or less shall not interfere with the fulfillment of the one year residency requirement.
Additionally, if the defendant did not live in the state of Michigan at the time the divorce was filed, or at the time the cause for divorce occurred, then the complainant must prove that the parties actually lived and cohabited together as husband and wife within the state of Michigan, or that the complainant has in good faith resided in the state of Michigan for one year immediately preceding the filing of the complaint.
-From 552.9, 552.9e, and 552.9f of the Michigan Revised Statutes
Waiting Period Before Divorce is Finalized in Michigan
No proofs or testimony shall be taken in any case for divorce until the expiration of 60 days from the time of filing the complaint for divorce.
In every case where there are dependent minor children under the age of 18 years, no proofs or testimony shall be taken in such cases for divorce until the expiration of 6 months from the day the complaint for divorce is filed.
-From 552.9f of the Michgan Revised Statutes
In the final divorce decree, the court may allow a woman to restore to her her birth name or the surname she legally bore prior to her marriage to the husband in the divorce action. It also may allow her to adopt another surname if the change is not sought with any fraudulent or evil intent.
-From 552.391 of the Michigan Revised Statutes