If you have decided that your marriage is no longer working and you want to get out of the relationship, it is important that you understand your rights and legal options for terminating your marriage. If you have wondered how you can get a divorce, the first step is to speak with an experienced attorney. Contact a skillful Farmington Hills divorce lawyer to learn more about the first steps you should take and the responsibilities you have during this process.

What Types of Divorce Are Recognized in Michigan?

Michigan is a no-fault divorce state, meaning that there is no fault-based divorce system. A no-fault divorce happens when neither spouse is required to prove that the other is at fault for the marriage coming to an end. The divorce is simply based on irreconcilable differences or an irretrievable breakdown of the relationship.

Fault-based divorces are ones where one spouse files for divorce based on a wrongdoing or action of their spouse that led to the breakdown of the marriage. Although fault-based divorces are not granted in Michigan, certain grounds can be considered when determining alimony, property division, debt division, etc. Fault-based grounds include adultery, abuse, neglect, abandonment, imprisonment, and more.

How Can I Get a Divorce in Michigan?

When you know your marriage is over it is crucial that you prepare to take the first step towards getting a divorce.

First, you must establish that you meet the residency requirements for divorce. You or your spouse must have lived in Michigan for at least 180 days before filing. If your spouse lives out of state you must also meet one of the below additional requirements.

  • You and your spouse have lived together as a married couple in the state
  • You have been a resident of Michigan for at least one year before filing

Below are the steps required to terminate your marriage in Michigan.

  1. File an official complaint by completing a Summons With Notice or Summons and Complaint at the County Clerk’s office. There is an associated $210 filing fee.
  2. Serve the forms to your spouse within 120 days of filing the complaint.
  3. Wait for your spouse’s response. They have 40 days to file a response whether it be agreeing to the terms or contesting one or more parts of the settlement.
  4. Attend mediation sessions to negotiate the terms of the settlement. The topics that must be addressed generally include alimony, property division, child support, and child custody.
  5. Attend court hearings if mediation fails. If you and your spouse cannot agree on all topics, the decision will defer to a judge.
  6. Attend the final hearing and be issued the final divorce decree. Once all conditions of the divorce are agreed upon the judge will sign the final judgment and officially terminate the marriage.

At a high level, the process is simple enough. However, the process can take months or even years and become complicated as discovery and negotiations take place. Work with an experienced divorce attorney who will help guide you through the process and ensure your rights are protected during your divorce.