Like many states, Michigan law requires a mandatory waiting period before a divorce can be finalized. Understanding the timeframe, purpose, and exceptions of the waiting period is important to ensure your divorce process is as easy as possible. Work with an experienced Farmington Hills divorce lawyer for skilled counsel during your case.
Is There a Mandatory Waiting Period for Divorce in MI?
Yes, there is a mandatory waiting period for couples seeking a divorce in Michigan. Under Michigan Compiled Laws § 552.9f, “No proofs or testimony shall be taken in any case for divorce until the expiration of 60 days from the time of filing the bill of complaint.”
Essentially, once the original divorce papers are filed, the couple must endure a 60-day waiting period before the process can continue. The purpose of a waiting period is to give the couple a chance to reevaluate their decision and ensure they want to move forward with the divorce. Ending a marriage is a major decision and requires a substantial legal process, documentation, paperwork, etc. The mandatory wait time allows time to prepare for the process, but also encourages reconciliation.
Does the Wait Time Change When Children Are Involved?
Yes, under Michigan law, the required waiting period is extended when the couple shares minor children under the age of 18. If there are dependent minor children involved, the couple must wait 6 months from the date the complaint is filed before the divorce can proceed.
Michigan state prioritizes the best interests of the children during divorce cases. In general, it is recognized that having regular access to both parents is beneficial to a child’s emotional growth and development. The extended wait period allows the parents additional time to reconsider the divorce and potentially reconcile.
Can the Waiting Period Be Waived?
Under certain circumstances, the court may waive the 6-month waiting period for divorces involving minor children. Michigan law stipulates that in cases of unusual hardship or compelling necessity that appeal to the conscience of the court, an expedited process may be justified. In these situations, the divorce can be issued after the 60-day timeframe.
The presiding judge has the discretion to waive the waiting period if they believe that it is necessary. However, a divorce can never be finalized in less than 60 days, regardless of the circumstances.
What Are the Requirements for Divorce in MI?
Because the mandatory waiting period is so significant, it is important that you are prepared to ensure a speedy divorce process in all other ways. You have to meet the residency requirements in order to get a divorce in Michigan.
Either you or your spouse must have lived in Michigan for at least 180 days immediately before filing for divorce. You must also file in a county where either you or your spouse has lived for at least 10 days before filing.
Because Michigan is a no-fault divorce state, you do not need to state specific grounds, only that there has been an irretrievable breakdown of the marriage. For more information and legal advice, contact an experienced attorney today.