Divorce

Common Divorce Questions

What is required to file a divorce in Michigan?

• You must be a resident of the State of Michigan for at least 6 months, and a resident of the County in which you file for at least 10 days immediately before you file. MCL 552.9 
  
• Michigan is a no-fault divorce state, so you only need to state that there has been a "breakdown in the marriage relationship to the extent the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." MCL 552.6

How long does it take to complete a divorce? 

• There is a 60 day minimum waiting period for divorces without children and a 6 month waiting period for divorces with children.
• However, divorces often taken longer depending on the circumstances of the case and the Court's schedule.
• It is generally not a good idea to rush the divorce process, as you will have to live with any settlement for years to come. Once a divorce settlement is reached, it it very difficult, if not impossible to change it.

What is the difference between a divorce and a legal separation?

• There technically is no such action as a legal separation. An action for separate maintenance is commonly called a legal separation. 
  
• An action for separate maintenance is filed in the same manner as a divorce, and will divide property, award support, determine custody and other items as a divorce.  However, the parties are still married.
  

DISCLAIMER

All discriptions of current law and its application are not intended as legal advice on any particular case. There are nuances in the the law and specific facts will significantly alter how the law may define your rights and how the courts determine a particular case. All readers of this material are directed to seek an individual consultation with our divorce attorney regarding your case.