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Michigan is a no-fault divorce state

On Behalf of | Feb 5, 2023 | Firm News

Many married people decide to end their marriage after years of trying to make it work with their spouse. If you have decided to file for divorce in Michigan, you will need to make sure you meet all legal requirements.

Fortunately, the requirements are not difficult for most people to meet.

What are the residency requirements for a Michigan divorce?

Generally, you can file for divorce in Michigan as long as the residency requirements are met. These requirements are as follows:

  • You or your spouse has lived in Michigan for at least 180 days immediately prior to filing
  • You or your spouse has lived in the county of filing for at least 10 days immediately prior to filing

If you and your spouse do not meet the 10-day residency requirement for the county of filing, you may file in any county, including that one, if:

  • You or your spouse was born outside of the United States or is a citizen of a country other than the United States
  • You or your spouse have a minor child (under 18 years of age)
  • The judge determines your child is at risk for being taken to a country other than the United States and held there by your spouse

Will I need to cite a reason for the divorce?

Finger-pointing is common at the end of a relationship. You may think the divorce was caused by your spouse’s behavior, while your spouse thinks it was your behavior that led to the divorce. Fortunately, in no-fault states like Michigan, you are not required to specify any specific reason for the divorce or put the blame on either party.

Instead, you may simply state that you are filing for a divorce based on the “irretrievable breakdown of the marriage.”

Once you have filed your complaint, your spouse will file an answer agreeing or disagreeing with the reasons/grounds for the divorce listed in your complaint. If the court finds that your marriage is irreparable based on your statements and your settlement is both equitable and in the best interests of your children (if any), the judge will grant your divorce after the end of Michigan’s required statuary waiting period.

For more detailed information on the various processes used to obtain a divorce, do not hesitate to contact our office.  We offer many different options to suit the needs of your specific family.