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Obtaining a divorce in Michigan

Making the decision to file for divorce is never easy, but it's often the best solution for both spouses as well as shared children. Once an individual has made the decision that it's time to file for divorce, the process can seem daunting. Divorce laws vary from state to state. It's important, therefore, that Michigan residents who are seeking a divorce take time to become informed about the divorce process.

Gaining an understanding of the general divorce process, state-specific requirements and expected time constraints can help an individual feel more at ease and empowered during a time in which change and uncertainty often dominate.

Michigan is considered a no-fault divorce state. This means that an individual who is seeking a divorce does not have to provide evidence or proof of why a divorce should be granted. An individual merely needs to have lived in Michigan for 180 days or more and be a resident of the county in which he or she is filing for 10 or more days.

Once an individual has filed for divorce, the legal process to dissolve the marriage begins. Much like any legal case or lawsuit, the spouse who did not file for divorce must be served and provided notice of the divorce complaint. For couples without children, the divorce process is generally quicker and a divorce judgment may be entered as soon as 60 days after the original complaint was filed.

In divorce cases involving minor-aged children, the divorce process is more involved and takes at least six months. In addition to resolving matters related to the division of property and assets, divorces involving minor children must also address issues related to child custody, parenting time and child support. When making decisions related to these matters, the court relies upon the guidance of what is in the best interests of the child.

Michigan residents, who plan to file for divorce, would be wise to consult with a divorce attorney. An attorney can provide legal information and guidance related to the division of property, child custody and visitation rights.

Source: Michigan Courts, "Divorce," 2014

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Obtaining a divorce in Michigan | Peter A D'Angelo, Attorney at Law, PLC