MICHIGAN DIVORCE BASICS
BASIC REQUIREMENTS
You or your spouse (husband or wife) must have lived in Michigan for at least the last six (6) months.You must file for divorce in the Michigan county where you or your spouse has lived for the last 10 days. Most people file where they live but you do not have to – you can file where your spouse lives. You do not need to know where your spouse lives to get a divorce. A divorce notice can be put in a newspaper after you have filed.
SEPARATION
You do not have to have a legal separation in order to file for divorce. You do not have to be separated for any certain period of time before you start your divorce. You can still be living in the same house with your spouse, but you cannot be living as husband and wife.
NO FAULT
Michigan has no fault divorce. This means that you do not have to prove adultery or cruelty or any other “grounds’ for divorce. You only have to show that your marriage has broken down and you cannot get back together. No fault also means that even if you are the one who made your marriage break up, you can still file for divorce. No fault divorce also means that if you want to get divorced, your spouse can fight over other things involved in the divorce like child custody and support and property. But if you want the divorce you can get it even if your spouse does not wantit - and even if you made the marriage break up. But remember, the judge can look at fault in deciding how to divide up property or who should get custody of the children.
WAITING PERIOD
If no children were born during your marriage and no child is expected, you still have to wait at least 60 days after you file for divorce before your divorce can be final. “This is a “cooling off” period just in case you change your mind.
If you have children from the marriage or one is expected, you have to wait at least six (6) months after you file for divorce before your divorce can be final. If you and your spouse are fighting over anything in the divorce, it cantake a lot longer than the waiting period to get divorced.
JUDGMENT
When the divorce comes to court, the judge will also decide on child custody and visitation; on child support and alimony; and on how property should be divided. The judge can also give the wife back her former name if she wants it.
DO IT YOURSELF DIVORCE
If you are a low income person you may be eligible to attend a self help clinic or obtain materials allowing you to do your own divorce. If you are interested in such options, you should call your local legal service office for more information.
To locate free or low cost legal assistance:
Visit the Michiganlegalaid.org home page and search for local
assistance by entering your zip code in the box marked “Find a lawyer,
organization or related service to help you with your problem.” or
Look under "attorneys" in the yellow pages to find your local legal aid office, or
Contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738.
Persons age 60 or older, regardless of their income, may be able to
receive free advice from the Legal Hotline for Michigan Seniors by
calling (800) 347-5297.
This article appears courtesy of Legal Services of Eastern Michigan.
