Divorce is never easy, but sometimes it is necessary. No one ever imagines that their marriage will end in a divorce, but sometimes it is for the best that the spouses go their separate ways. The rules for divorce vary from state to state, which is why it is important that you know the rules for where you live. This article goes over what Michigan residents need to know if the end of their marriage is inevitable. An experienced divorce lawyer in Michigan can help to clarify any of these questions or any other questions you may have about the divorce process in that state.
What Are The Grounds For Divorce in Michigan?
Michigan is a no-fault state, which means that the spouse who is seeking a divorce does not have to prove that the other spouse did something wrong, in other words, that they were at fault. According to Michigan legislature, a spouse can file for divorce if, “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.” Fault does play a role in Michigan divorce when it comes to child custody, spousal support, or the division of property.
How Long Does a Divorce Take in Michigan?
If there are no children involved, a divorce can be granted in sixty days. If children are involved, then it could take six months. Both of these are minimum waiting periods, so it is possible that a divorce could take even longer.
Is Michigan Residency Required To File a Divorce?
Yes. The person who is filing for divorce must have been a Michigan resident for at least 180 days before filing the divorce petition. The person filing for divorce must also have been a resident of the county where the petition is being filed for at least ten days. If the spouse of the person filing for divorce lives out of the state, then they can still be served with divorce papers, they just get more time to respond.
How Much Does Divorce Cost In Michigan?
If there are minor children involved, then there is a $255 fee. If no children are involved, then the filing fee is $175.
Is a Lawyer Necessary to File For Divorce in Michigan?
It depends on how contentious the divorce gets. A lawyer may be necessary if real estate is involved if children are involved, if one of the spouses was abusive, or if spousal support needs to be worked out. A lawyer may also be necessary if there are major disagreements between the spouses. If the situation is less tense, then the couple can choose mediation instead of hiring a divorce attorney.
What Is The Difference Between a Contested Divorce And An Uncontested Divorce?
A contested divorce means that you and your spouse have major disagreements that may require legal intervention. These could include disagreements over child custody, spousal support, or division of property. An uncontested divorce is one where both spouses are in agreement about how to solve the problems involved in the divorce, or if one of the spouses does not participate in the divorce proceedings.
Learn All Of The Facts Before Filing for Divorce
While some divorces are amicable and civil, others can get acrimonious and contentious. That is why it is important to learn the facts and get prepared if you are about to go through a divorce. Once you have gained some knowledge about divorce in your state, you should consider what kind of divorce you are in for and prepare accordingly. If you and your spouse are on good terms, then you can consider mediation or any similar non-confrontational method to get the proceedings over with. If you believe that things will get messy, then you should hire an experienced divorce attorney because they will do their best to make sure that you don’t get taken to the cleaners by your soon-to-be ex.
