A marriage can end in a few different ways, such as annulment, legal separation, or divorce, and each has its own set of requirements. For example, although governed by state laws, an annulment has specific criteria that a couple needs to meet in order to qualify. However, any couple can file for divorce although there may be various conditions to qualify for certain types of divorces (such as a summary dissolution). The divorce process will depend on the particular laws of the state in which you're filing for divorce.
In Michigan, like many other states, married couples can get a no-fault divorce, which is the only type of divorce available in the state. Basically, a court will grant a divorce when it can be shown that there has been a breakdown in the marriage that can't be fixed. When a couple doesn't have any minor children, Michigan has a 60-day waiting period before a divorce can be granted. When the couple does have minor children, the waiting period becomes six months.
Michigan Divorce Forms and Process at a Glance
When researching a law-related question, it's important to read the actual statutes that relate to your issue. However, it's also a good idea to read a summary of the statute in plain English, as that can help you to better understand the law. In the table below, you'll find some basic information relating to the divorce forms and process in Michigan, as well as links to the relevant statutes.
Michigan Compiled Laws Section 552.1, et seq. (Divorce)
|Filing for Divorce in Michigan
A complaint for divorce is filed in the Michigan circuit court, and the defendant has the option to answer the complaint by either admitting the grounds for divorce or denying them (without further explanation). Keep in mind that the specific procedures for divorce will depend on the county in which you're filing the action.
In order to file for divorce in Michigan, one of the spouses must have resided in the state for at least 180 days and in the county where the action will be filed for at least 10 days right before filing. There's an exception to the 10-day requirement if the following conditions are met:
- The non-filing spouse was born in, or is a citizen of, a country outside the U.S.;
- The couple has minor children; and
- The court has reason to believe that the children are at risk of being taken out of the country by the non-filing spouse.
Michigan Divorce: Forms and Toolkits
Michigan Legal Help provides various tools to prepare forms that are involved in the Michigan divorce process. This website also offers a variety of toolkits related to family issues, including:
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Michigan Divorce Forms and Process: Related Resources
For more information and resources related to this topic, please visit the links below:
Get Legal Help with the Divorce Forms and Process in Michigan
There are various procedural requirements when filing for divorce, and failure to comply with these requirements can result in costly delays in finalizing the divorce. For this reason, it's best to consult with an experienced divorce attorney in Michigan when going through the divorce process.