Top 5 Michigan Divorce Laws

The top 5 things everyone should know about Michigan divorce laws.

Michigan

Michigan is a no-fault state. Obtaining a no-fault divorce under Michigan law requires a demonstration of what legally are known as irreconcilable differences.

Michigan divorce courts always encourage the separating spouses to agree to joint custody unless it is not in the best interest of the child. Michigan state law requires child custody based on the best interests of the child principle.

Michigan law establishes a waiting period from the filing of a divorce complaint until the marriage is terminated. Testimony and evidence cannot be presented in a divorce case until the expiration of 60 days from the date of filing of the divorce complaint.

Michigan divorce laws have two very specific rules that must be complied with. First, the spouse filing the complaint for divorce or the responding spouse to that complaint must be a resident of Michigan for at least 180 days before the complaint is filed. Second, at least one of the separating spouses must have resided in the county where the complaint was filed for at least 10 days before the complaint is filed. If one or both of the residency requirements are not met, then the court does not have jurisdiction to hear and decide the divorce.

Marital property is equitably divided under Michigan Divorce laws. That does not necessary mean equally but fairly. If the separating spouses cannot come to an agreement about the division of their property, assets and debts, then the court does it for them. This law is very important because once the process of divorce enters the courtroom, both parties are reliant on the judgements of a 3rd party. Mutual agreement is key to a divorce that is fair and sound.

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