One important aspect of Michigan marital law that people often overlook or misunderstand is that Michigan is a “no fault” divorce state. This implies that if either party seeks a divorce, they do not have to prove fault or wrongdoing on the other spouse’s behalf in order to file for divorce.
Michigan is a No Fault Divorce State
This does not mean that proving fault will not benefit one’s case in court. Based upon wrongdoings in marriage such as infidelity, domestic violence, financial irresponsibility and substance issues, if fault can be proven, this can have an effect on the division of property or assets and child and parenting matters.
Michigan Law in Divorce
Michigan law requires a 60-day minimum waiting period after a complaint for divorce has been filed. If there are children involved, this period is extended to 180 days but may be decreased to the 60-day minimum if the court determines it is in the best interests of the children.
If the spouse files for divorce and the other spouse lives outside the state of Michigan, the divorce can be still be granted. However, the spouse out-of-state must be served with a divorce petition. Default judgment of divorce can be granted to the filing party if the other spouse does not reply to the petition for divorce or fails to appear in court.
Divorce Law Help
The process of obtaining divorce in Michigan can involve many requirements and complications, and our professional family legal team is here to give you expert advice and guidance in matters concerning:
- Child Custody
- Division of Property / Marital Assets
- Child Support
- Parenting Time
- Spousal Support / Alimony
For information on your rights in divorce and to arrive at a fair and favorable settlement in your case, contact us online, or by phone at (734) 397-4540 today.
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