Michigan Divorce Laws & Filing Procedures (2023 Guide)

Michigan Divorce Laws & Filing Procedures (2023 Guide)

Michigan was one of the first states to implement no-fault divorce. Though Michigan has no fault-based grounds for divorce, fault is considered in several parts of the divorce proceedings. Spousal support judgements, for example, can take into account the contributions each spouse made to the marriage's demise.

Don't worry if that sounds confusing. This article will walk you through the steps of filing for a divorce in Michigan, including all of the rules, forms, and concerns that come with the process.

Divorce Procedures in Michigan

The spouse seeking for divorce in Michigan must have lived in the state for 180 days prior to filing and in the county for at least the last 10 days. However, if the defendant was born in or is a citizen of another country, the parties have a child or children, and the kid is at risk of being transported out of the United States and kept in another country by the defendant, the 10-day period is waived. Filing is relatively simple if the residency criteria are met.

Because Michigan is a no-fault state, no party is required to allege or establish any reason for the marriage's dissolution other than its breakup. The cause for divorce in Michigan is that the marriage connection has broken down to the point where the objects of matrimony have been destroyed and there is no realistic prospect of the marriage being saved.

Divorce in Michigan: Contested or Uncontested?

An uncontested divorce is possible if both spouses agree on all matters of custody and property division, not just the divorce. In an uncontested divorce, the spouses merely draw a separation agreement stating any concerns between them, which a judge will review and sign off on. Uncontested divorces are generally always less expensive and quicker.

Depending on the circumstances of the marriage, the court may request other documents in addition to the petition and proposed separation agreement. Michigan provides forms instructions for different family circumstances, including disputed and uncontested divorce. In 2023, filing fees in Michigan are $175, while additional expenses may be necessary if child custody or support is at stake.

If the divorce is contested, the spouse who files must serve the other spouse within 90 days after filing. Once service has been documented, the contested divorce will proceed in the same manner as an uncontested divorce. The difference, of course, is that in an uncontested divorce, the couple will agree on everything, whereas in a disputed divorce, the areas where they disagree will have to be settled through a trial.

Contact a Michigan Divorce Lawyer Right Away

The couple's connection has broken down to the point where the objects of matrimony have been shattered and there is no realistic chance of the marriage being saved in Michigan. Legacy Legal Business Services’ attorneys have decades of expertise ensuring that their clients' rights are safe. Make an appointment with one of our expert Divorce Attorney in Dorr, Michigan to discuss your certain case thoroughly. They can find the best solution to cope up the devastated decision of your life.