Are there other options to divorce in Michigan?
What is required to file for a divorce in Michigan?
Sometimes the first few steps are the hardest. Knowing where and how to take those steps will help. The goal of this article is to equip you with information to help you do just that.
Divorce is term that gets thrown around a lot. It is a term that can feel freeing and crushing all at the same time. Let me start off by defining this term.
Divorce is the process of the court to end a marriage.
Other Options Besides Divorce
To start the process of filing a divorce, it is helpful to know that there are 3 paths to a new beginning. The first path is an annulment. While annulments are possible, they are also rare.
Another option is a separate maintenance. This option is rare as well because it is for those who wish to remain married, but live as divorced.
The last is a divorce. Michigan is a “no fault” state and in this case it means that no one has to be at fault to file a divorce. Instead, only one person needs to testify that the marriage has ended and will not be reconciled.
For more information about these different paths, please see the article, Alternatives to Divorce in Michigan.
Michigan’s Requirements for Divorce
If divorce is the option you choose to take, here are the requirements in Michigan,
- You and your spouse will have had to be Michigan residents for over 6 months in order to file a divorce in the state of Michigan.
- As I mentioned above, someone in the marriage must testify that the marriage has indeed ended and it will not be reconciled.
Where to File and the Process
- You can file for your divorce at the circuit court that either you or your spouse has lived in for 10 days.
- You will file a complaint, a summons, and any other court documents.
- After the forms are completed the papers will be served to your spouse. The sheriff’s deputy is usually the one of serves the papers by hand or sent in certified mail.
- Next, your spouse will have a chance to file. This response includes matters like child support and property and debt distribution.
- If your spouse does not answer the order is because an uncontested divorce.
- If your spouse disagrees with the complaint filed, then you will need to hire a lawyer. At this point, you may find yourself waiting for up to 6 months to continue the process.
More Information on the Divorce Process in Michigan
When the court approves your divorce, life will change. Your marriage will end and with it the legal benefits. Below are some specific areas of your life that will be review during the divorce process.
Filing for a divorce in Michigan is not an easy process. If you have any additional questions about how you should proceed or if you need legal counsel, please contact my office. I am here to help.
248-348-7400 or 586-530-100