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Basic requirements for divorcing in Michigan

| Jan 4, 2021 | Property division |

Getting a divorce can cause Michigan residents to go through emotional, financial, and legal transitions. Different divorces can take on different trajectories due to the facts of individual cases and the circumstances of the parties. However, at their core, divorces generally begin with some basic, legally mandated requirements.

This post will introduce a few of the requirements that individuals must satisfy in order to have their divorce heard in Michigan courts. This post does not serve as a substitute for legal guidance as no part of this post should be read as legal advice. Help from a dedicated family law attorney can provide a divorcing party with the guidance they need to protect their rights.

Residency requirement for divorce

Like many other jurisdictions, Michigan has imposed a residency requirement on those who wish to file for divorce. To file for divorce in Michigan, a person or their spouse must have lived in Michigan for at least 180 days before the petition for divorce was filed. Further, one or both of the divorcing parties must live in the county where the actual petition is filed for at least 10 days before the matter can be accepted by the court.

Grounds for divorce

Michigan is a no-fault divorce state, which means that individuals do not have to claim that their exes were adulterous or cruel or otherwise at fault for the ends of their marriages. Rather, individuals can claim that their marriages are irretrievably broken. An irretrievably broken marriage is one that cannot be saved with time or other resources.

Once a divorce petition is filed additional steps must be completed to bring the divorce proceedings to their ends. Meeting the time requirements of these steps can be challenging for some individuals, and divorce attorneys can be helpful to keep their clients’ cases on schedule. Before filing for divorce, it is important that a person knows what will happen with their claim, and their lawyer can assist them with each and every step.