Navigating a divorce case can be extremely difficult. Ending a marriage is an emotional and often overwhelming task. It is important to understand the legal requirements your state imposes on divorcing couples to ensure a smooth process with minimal hiccups along the way. In Michigan, divorce laws do not require you to be separated from your spouse before getting divorced. As long as you meet the residency requirements you can file at any time. Work with an experienced Farmington Hills divorce lawyer to learn more about your rights and options during this time.

Is Michigan a No-Fault Divorce State?

Michigan is a no-fault divorce state, meaning that neither party needs to prove that the other is at fault for the ending of the marriage. The spouse who files first simply needs to state that there has been a breakdown of the marriage with no chance of reconciliation.

How Long Do I Have to Be Separated to Get Divorced in MI?

While many states require a period of legal separation before couples can get divorced, Michigan has no such rule. There is no minimum requirement for how long the individuals must be separated and you do not need to live separately from each other in order to file.

What is Required to Get a Divorce in Michigan?

Now that it is established that there is no separation requirement to get divorced in Michigan, it is important to be informed about the things that are required. If you are looking to file for divorce in MI consider the following.

  • Residency requirement: To file for divorce in Michigan either you or your spouse must have lived in the state for at least 180 days before filing. You also must file in the county where either of you have resided for at least 10 days.
  • Grounds: You need to establish the grounds under which you are filing for divorce. While Michigan is a no-fault divorce state, fault-based grounds can be considered when dividing property or determining alimony. Examples of fault-based reasons you can claim are adultery, imprisonment, incarceration, abandonment, and abuse. No-fault grounds are generally irreconcilable differences or an irretrievable breakdown of the marriage.
  • Waiting period: Couples must follow waiting periods between the date they file for divorce and when the final decree can be issued. The standard waiting period is 60 days but for couples who share minor children, it is extended to 180 days.

Contact a Divorce Lawyer Today

Although Michigan state law does not require a separation period for divorcing couples, there are many moving parts to consider. Work with an experienced divorce attorney today to begin discussing the details of your marriage and assessing your wants and needs during the divorce.