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Michigan Uncontested Divorce Online  

Michigan

Uncontested Divorce Online

Before you start completing your uncontested divorce forms with us, please read all the requirements for Michigan divorce. Make sure that your situation matches all the requirements.

 
  Uncontested Divorce Forms Online  
 

Requirements for Michigan divorce
Source: Michigan Legislature, Chapter 552

bullet link Grounds for divorce
bullet link Residency requirements
bullet link No-fault divorce
bullet link Waiting Period
bullet link Property Distribution
bullet link Alimony / maintenance / spousal support
bullet link Child support
bullet link Child custody
bullet link Name restoration

  GROUNDS FOR DIVORCE    

There is no "list of all possible grounds" for divorce in Michigan. According to the MI laws the party seeking divorce must show that 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. In the complaint the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language. (Michigan Compiled Laws - Section: 552.6)
 
bullet link  What is the difference between fault divorce and no-fault divorce?

  RESIDENCY REQUIREMENTS    

Either spouse has to be a resident of the State of Michigan for at least 6 month (180 days) before filing a complaint for divorce. The filing spouse has to reside in the county where she/he is applying for divorce for at least 10 days before she/he files a complaint. (Michigan Compiled Laws - Section: 552.9)

  NO-FAULT DIVORCE IN MICHIGAN    

A complaint for divorce may be filed in the circuit court upon the allegation that 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. In the complaint the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language.
 
The defendant, by answer, may either admit the grounds for divorce alleged or deny them without further explanation. An admission by the defendant of the grounds for divorce may be considered by the court but is not binding on the court's determination.
 
The court shall enter a judgment dissolving the bonds of matrimony if evidence is presented in open court that there has been a breakdown in 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. (Michigan Compiled Laws - Section: 552.6)

  WAITING PERIOD    

If there are no children involved, a divorce may be granted in 60 days. The "shrink" of this period rarely granted. If child custody is involved this waiting time might be longer.

  PROPERTY DISPOSITION    

Whenever the court shall think proper to award to either party any of the real and personal estate of either party, or any money in lieu thereof, such court may require either party to disclose on oath, what real and personal estate has come to either party by reason of the marriage, and how it has been disposed of, and what portion thereof still remains in the hands of either party. (Michigan Compiled Laws - Section: 552.22)
 
As long as there is no strict formula on how to distribute marital property, court in MI must use its discretion to divide property equitably.
 
Among factors considered by courts are: the parties' past relations and conduct; the duration of the marriage; the source of property; the parties' contribution towards its acquisition; the needs of the parties; the parties' earning ability; the cause for divorce; the age of the parties; the parties' health; the parties' life status; necessities and circumstances of the parties; general principles of fairness; additional factors deemed relevant to a particular case.

  ALIMONY / MAINTENANCE / SPOUSAL SUPPORT    

The court may require either party to pay alimony for the suitable maintenance of the adverse party, to pay such sums as shall be deemed proper and necessary to conserve any real or personal property owned by the parties or either of them, and to pay any sums necessary to enable the adverse party to carry on or defend the action, during its pendency. It may award costs against either party and award execution for the same, or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver.
 
An award of alimony may be terminated by the court as of the date the party receiving alimony remarries unless a contrary agreement is specifically stated in the judgment of divorce. Termination of an award under this subsection shall not affect alimony payments which have accrued prior to that termination. (Michigan Compiled Laws - Section: 552.13)

  CHILD SUPPORT    

Upon annulling a marriage or entering a judgment of divorce or separate maintenance, the court may enter the orders it considers just and proper concerning the care, custody and support of a minor child of the parties. (Michigan Compiled Laws - Section: 552.16)
 
Subject to the support and parenting time enforcement act, the court may also order support for the parties' children who are not minor children.
 
An order concerning the support of a child of the parties is governed by and is enforceable as provided in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650.

  CHILD CUSTODY    

Courts in Michigan utilize "the best interest of the child" principle deciding child custody cases.
 
In making or modifying any order with respect to custody or visitation, the court shall be guided by the best interests of the child, giving consideration to the wishes of the child if the child is of sufficient age and capable of forming an intelligent preference, provided in making the initial order the court may take into consideration the causes for dissolution of the marriage or legal separation if such causes are relevant in a determination of the best interests of the child.

  NAME RESTORATION    

The circuit courts of the State of Michigan can restore the petitioner’s name to her birth name, or the surname she legally bore prior to her marriage to the husband in the divorce action, or allow her to adopt another surname if the change is not sought with any fraudulent or evil intent.
 
A certified copy of any decree granted in a suit for divorce may be recorded in the office of the register of deeds of any county in this state.
 
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