We all hope that our marriage will last forever, however, it does not always work out this way. According to the CDC, the number of divorces per year is approximately 3.4 per every 1000 marriages. Although this is unfortunate, the fact remains that divorce does happen and it can be complicated. Collis & Griffor, PC is the right choice for divorce and other types of law in the Ypsilanti and surrounding area of Michigan.
Divorce is legally referred to as a dissolution or termination of a marriage depending on the state in which you reside. They are generally categorized as contested or uncontested and rules, laws and issues regarding your divorce may vary from state to state making it imperative that you consider a qualified divorce lawyer.
Once you obtain your divorce attorney, the spouse who is seeking the divorce will prepare a petition and file it with the court in which they are currently living. You may need to check with your state to find out how long you are required to be a resident before you can file for divorce, your lawyer should know this.
Each state offers its own rules for grounds for divorce but are typically classified as fault or no fault. In Michigan, the law allows for either spouse to file for divorce claiming that there is no way to fix or preserve the marriage. A Michigan No Fault Divorce states that:
Revised Statutes of 1846 (EXCERPT)
DIVORCE ( taken from legislature.mi.gov)
- 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.
This is just one of many documents in regard to divorce in the state of Michigan. Other issues relating to property division, spousal support and even child custody and support will need to be resolved when dealing with your divorce no matter where you are and each state will offer you specific rules.