When you decide to file for divorce there are many steps to take and red tape to cut through. After collecting the relevant financial and personal information you may be ready to submit those papers, but it is important to make sure that you meet the criteria for divorce in your state. To learn about the legal requirements for divorce in Michigan, continue reading and work with a Farmington Hills divorce lawyer.
What Are the Legal Requirements for Divorce in Michigan?
There is really only one legal requirement for divorce in Michigan: the residency requirement. In order to file and be granted a divorce in Michigan, you must meet certain criteria regarding your residency within the state. In general, you or your spouse have to have lived in Michigan for at least 180 days immediately prior to filing the divorce complaint. Additionally, you or your spouse must have lived in the county where the complaint is being filed for at least 10 days immediately prior to filing.
If you and your spouse do not meet these requirements, you may still be eligible to file for divorce in Michigan if all of the following is true.
- Your spouse was born in a country other than the United States or is a citizen of another country;
- You and your spouse have a child under the age of 18; and
- The judge believes there is a risk that your spouse will take your child out of the United States and hold them in another country
If you do not meet the general residency requirement but your spouse is from another country and the above is true, you may be able to file for divorce in any county in Michigan regardless of residency.
What Are the Grounds for Divorce in Michigan?
In many other states, the legal requirements for divorce include the residency requirement and valid grounds for ending the marriage. Grounds are any legally acceptable reason for getting divorced. However, Michigan is a no-fault divorce state, meaning that divorces are granted regardless of fault on either party’s part.
Because MI is a no-fault state, divorces must be filed on the grounds of the irretrievable breakdown of the marriage or separation. The complaint will simply state that the relationship has broken to the extent that there is no feasible chance of a reconciliation.
While you will not be required or permitted to file for divorce based on the actions of your spouse, their behavior could be relevant in regard to the various issues of divorce. During a divorce, you and your spouse must determine how to split up property and debts, whether one spouse will pay alimony, who will get custody of any shared minor children, how much child support will be, and more.
When determining these decisions, some fault-based behavior could impact a court’s decision including cruelty, adultery, abandonment, incarceration, and more. During your divorce, it is crucial to obtain experienced representation to ensure your legal rights are protected. Contact the skillful lawyers at Alan B. Cooper & Associates, PLLC to set up a consultation and discuss your case today.