If you are confused with how to go about your divorce, then you came to the right place. This article talks about the fundamental things you need to know regarding having a successful divorce in Michigan.
Michigan’s “No-Fault” Divorce
In Michigan’s “no-fault” divorce, there’s no need to prove the existence of any ground (e.g., impotence) before a divorce case may prosper. In this new approach, divorce may be granted even when one of the spouses objects to it.
Also, spouses are not required to be separated physically to get a divorce. They can still live under the same roof, tending to the kids, and other important matters, while the divorce case goes.
Grounds for Divorce in Michigan
All the spouses need to prove is whether or not the following exist:
- 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.
Simply put, the spouses just have to show that their relationship as husband and wife is over and that there’s no chance to work things out between them.
The Residency Requirement
Aside from proving to the court that their marriage had already reached a “deadlock,” the spouses must have also complied with the residency requirements for divorces in Michigan.
Before filing a divorce, Michigan requires that either of the spouses should have lived in the state for at least six (6) months. Also, the spouses must be residents of the county where they intend to file a divorce for at least 10 days before its filing.
If both spouses are non-Michigan residents, they may either file the divorce petition in another state or wait until they satisfy the residency requirement.
The Cost of Divorce
The cost of a divorce depends on whether or not the spouses’ divorce is contentious. For a non-contested divorce, expenditures may cost around $1,500 (maximum).
The cost will likely increase in contested divorce cases. For contentious or more complicated divorce cases in Michigan, expenses can go as high as $5,000.
Withdrawal of a Divorce Case in Michigan
For spouses who decide to reunite and stop the divorce, costs will surely be way lower. Unfortunately, halting the separation does not mean getting a refund of all the money spent for court and attorney’s fees. The spouses may also be required to pay certain fees for the withdrawal of their divorce case.
Keeping Costs to a Minimum
To do this, the parties may mutually agree on matters involved in the divorce trial. They may also settle their disputes through mediation. This way, money and effort may be diverted to other important aspects of the divorce proceedings.
Divorce Trial is Necessary
Just like most legal proceedings, divorce in Michigan is a case that must be brought to the courts. No matter how uncontested it is, divorce still requires a court judgment for it to have legal force and effect.
Besides, a judge must make sure that was indeed a breakdown of the marriage relationship between the spouses, and that there remains no reasonable likelihood that their marriage can be preserved.
Mutual agreements on all aspects of divorce between spouses are not enough either. Still, before a divorce decree is issued, all such agreements must first be known to the court.
Period of a Divorce Case in Michigan
Divorce in MI doesn’t come in a snap. Spouses with minor children may have their divorce judgment entered only after 180 days from the date of filing of the case. For childless spouses, they have to wait for at least 60 days from the date of the filing of the divorce case before a final decree can issue.
As a rule, Michigan laws provide for equitable distribution of properties or assets between spouses. However, when the court finds that the property in question forms part of the inheritance of one of the spouses, it will not be included in the property settlement.
Hire an Experienced Divorce Lawyer in Michigan
No one has to go through their divorce alone. Yes, including you. What you need are experts like The Clark Law Office lawyers to deal with the intricacies of a divorce. It is the only way so you can make the best decision for you and your family. Give The Clark Law Office a call at (517) 347-6900, or email firstname.lastname@example.org today.