What are the Grounds for a Divorce in Michigan?
Michigan is a No-Fault Divorce State
Michigan is a no-fault divorce state, which means you do not have to prove fault to get a divorce.
Michigan’s only requirement is that a party establishes that “there has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.”
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This is essentially the same as citing “irreconcilable differences.” No one will go into the details of why you believe there has been a breakdown in the marital relationship, just as long as you establish that there generally is a breakdown and that you believe there is no chance of reconciliation.
What About with Child Custody, Spousal Support or Property Settlement?
It is important to note that even though Michigan is a no-fault state, it doesn’t necessarily mean fault won’t be considered in the divorce. In fact, the Judge may consider fault in deciding custody, parenting time, spousal support and/or property settlement. For example, if a spouse claims the other spouse was abusive, it may impact the determination of custody if it is found it is not in the best interests of the child to spend time with the alleged abusive parent. Or if one spouse was unfaithful, it may impact property settlement issues. It is extremely important that you discuss the details of your marriage and family life with an experienced attorney that you can trust to determine whether those issues will arise in your divorce.
How can I Divorce if my Spouse doesn't Agree?
Many people wonder what happens if one spouse wants a divorce and the other doesn’t. Unfortunately, the parties do not have to agree to obtain a divorce. It only takes one spouse to begin the process and the other party cannot stop a divorce from continuing. However, should the parties reconcile, they can dismiss the divorce complaint any time prior to a Judgment of Divorce entering.
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Posted on February 7, 2014 by in Family Law