Michigan Divorce Laws
What to Expect When Help Yourself Divorce Prepares Your No Fault Michigan Divorce.

Grounds for Divorce in Michigan.
Michigan is a "no-fault" divorce state. The only ground for divorce is a no-fault ground. The actual wording is that "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".

 

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 plaintiff must prove that the parties actually lived and cohabited together as husband and wife within the state of Michigan, or that the plaintiff has in good faith resided in the state of Michigan for one year immediately preceding the filing of the complaint.

If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Michigan for at least six months and currently live in Michigan, or have lived in Michigan within six months of filing.

 

Filing for Divorce.
You may file for divorce in the Michigan county where either spouse has lived for at least 10 days.

 

Serving Your Spouse.
After filing the divorce papers with the Court, you are required to "serve" your spouse with a copy of the papers you filed. You can serve your spouse with the papers in one of two ways:

• by delivering the papers to your spouse personally (which means you can hand-deliver the papers to your spouse or leave a copy at your spouse's home or place of employment); or

• by sending the papers via registered or certified mail, return receipt requested, and delivery restricted

 

Finalizing Your Divorce in Michigan.
If no children are involved, there is a waiting period of 60 days from the time you file the papers with the court, before your divorce can be finalized.

If dependent or minor children under the age of 18 years old are involved, there is a waiting period of 6 months from the time you file the papers with the court, before your divorce can be finalized.

All cases are finalized during a brief hearing which the Plaintiff must attend. The Defendant will have to attend only if ordered by the Court.

 

Additional Information.
In the final divorce decree, the court may allow a woman to restore her prior name, or change to a completely new name if desired.

 

 

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IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Seek help from an attorney if you need legal advice.