Being a part of a divorce is never easy. You can feel like someone is part of your life today, and feel like he or she’s a stranger the next. Know that this is normal, and sometimes, someone is there for only a part of your life.
You don’t have to stay in an unhappy relationship, and you shouldn’t feel bad about leaving it. The process may be stressful, but you can trust the Lansing divorce attorneys at The Clark Law Office to be your guide through this difficult process.
Who Can File Divorce Papers in Michigan?
Not everyone can go and file a divorce in Michigan. Under Michigan laws, one of the spouses must have been a resident of the state for at least 180 days before the filing of the complaint. Moreover, one of them must have been residing in the county where the party wishes to file for at least 10 days preceding it. However, the 10-day requirement rule need not be complied with if the following circumstances are ALL present:
- The defendant, or the spouse who will not file the case, is not a citizen of the United States, or was born in a country other than the U.S.;
- The spouses have a child or children, and;
- There is information that will lead the court to believe that their common child or children are at risk of being taken out of the U.S. or be detained in another country.
What Are the Grounds for Divorce?
Michigan’s No Fault divorce law provides no specific grounds for divorce. It only requires that the complainant can prove that:
- The objects of matrimony are destroyed and
- There is reason for the complainant to believe that marriage can no longer be preserved.
There can be no other ground, and the complainant is required to strictly follow the language of the law.
What Are The Steps You Need to Take in Filing for Divorce?
The law states a basic and direct process in filing a complaint for divorce.
First. The complainant, which must be either of the spouses, must file a complaint in any family division of the circuit court. Either spouse must meet the residency requirement. The complaint should clearly indicate that the existing problem in their marriage must be so irreparable that there is reasonable likelihood that the marriage can no longer be fixed or preserved.
Second. The defendant, the spouse that did not file the complaint, by way of answer, will either admit or deny the ground for divorce with or without reasons. Should the defendant admit the ground, the court has the discretion to consider or disregard the admission. The admission is not binding to the court.
Third. The court, based on the pleadings and pieces of evidence submitted by the parties, will enter a judgment dissolving the bonds of matrimony if the court deems them sufficient. They are sufficient if the court is convinced that there is a breakdown of the marriage relationship. Thus, the objects of the marriage are destroyed, and the court finds or believes that there is no likelihood that the marriage can be preserved.
Filing a complaint for divorce seem simple under law, but it is emotionally difficult for the parties. That is why it is crucial that the parties, or at least the complainant, contact a lawyer for guidance.
Divorce is a very personal matter. A knowledgeable and expert lawyer from The Clark Law Office can help guide you in not only filing, but also in deciding whether or not you should file it. Lawyers must be honest and emphatic to client concerns, especially because it involves a family. Contacting a law firm with years of experience and genuine concern will help make the process easier.
How Long Before the Judge Grants My Complaint?
Normally, a divorce where there are no common children involved requires only a 60-day waiting period. For parties with common children, the process takes six months. During this process, the complainant must be absolutely certain that he or she is no longer interested in reconciling the relationship because rekindling the spark is a ground for denial.
As such, parties are discouraged from having constant communication unless it is absolutely necessary or in the interest of settling matters following the effects of divorce.
Lawyers to Contact For Your Divorce
In filing for a divorce, it is vital that you get a lawyer or choose a law firm that puts your interest first. There are plenty of lawyers who put money over empathy, and you might fall into their traps. In choosing a law firm that puts you first, hire The Clark Law Office.
The Clark Law Office has been around for decades. With our team of passionate and professional lawyers, we’ll make sure that we guide you through every step of the process and protect you, your children and your interest first, always. Contact us today for a free consultation!