If you are seeking a Divorce in Michigan there are residency requirements which must be met to file for divorce in Michigan. In order to file for divorce in Michigan, the individual filing the complaint for divorce, or that persons spouse, must have resided in the state of Michigan for at least six months and the County in which they are filing for at least ten days.
Michigan is a no-fault divorce state. Therefore, fault by either party does not need to be shown in order to be granted a divorce. The only requirement for divorce in Michigan apart from the residency requirements is that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
In order to file for divorce in the state of Michigan, the party must file a complaint for divorce with the Circuit Court in the County where they reside. Once the complaint is filed with the Circuit Court, it will be assigned to a Circuit Court Judge.
The complaint will then need to be served on the opposing party known as the Defendant. The complaint can be served by an individual over the age of 18 who is not a party to the case.
The Defendant has 21 days (personal service) or 28 days (service by registered mail or service outside of Michigan) in which to file an answer to the Complaint. If Defendant does not file an answer to the Complaint within the required time, then Defendant is in Default and runs the risk of not having input in the divorce.
A case with no minor children has a 60 day waiting period. A case with minor children has a 180 day waiting period which may be waived if compelling circumstance is shown. The waiting period is the minimum time your divorce will take. If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced.
Please keep in mind your specific situation may be somewhat different from the norm. The information provided in this article is a guide to the basics for a Divorce in Michigan. Please call, 734.927.9782, and speak with a Michigan Divorce Attorney at Stelmock Law Firm, PC to discuss your matter. We represent clients in the Metro Detroit area (Canton, Plymouth, Northville, Livonia, Westland, Ann Arbor, Novi) and throughout Wayne, Washtenaw, Oakland, and Livingston counties. The firm’s office is located at 8556 N. Canton Center Road, Canton, Michigan 48187.