The process of divorce is different for every couple. This is because all marriages are different, as can be the reason why the couple may wish to separate. It is important to understand divorce law in your state, as it can impact the way you file. For example, the state of Michigan is a no-fault divorce state. To learn more, continue reading and reach out to an experienced Michigan divorce attorney for guidance during this time.
What is a No-Fault State?
While other states may allow spouses to cite “fault” grounds as the reason for the termination of their marriage, Michigan is different. The only grounds for divorce in the state of Michigan is 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.” This means the court can grant a divorce between two spouses regardless of fault and the blame on either party.
How Does No-Fault Divorce Work?
To begin a divorce, spouses are required to file a complaint for divorce with the court. This includes the date of the marriage, if they have children, if they have marital property, whether there is a breakdown of the marriage, and if one spouse wants spousal support. In addition to this, they are required to meet Michigan’s residency requirement. If all requirements are met, the state has a minimum waiting period before the case is heard. This is usually 30 days unless there are children involved, which extends the wait to 180 days. At the end of this process, the spouses will appear in family court under oats to state that their marriage has no chance of reconciliation.
Does it Matter if My Spouse Caused the Divorce?
While Michigan is a no-fault divorce state, fault can influence the decisions that are made regarding certain marital issues. For example, spouses may be able to ask for a more favorable spousal support award or property settlement in the event that their partner engaged in misconduct. In addition to this, individuals with spouses who are abusive, addicted to drugs or alcohol, or absent may be able to fight for custody based on the notion that the spouse is an unfit parent. During this fight, it is critical for spouses to have the assistance of a skilled divorce and family law attorney who can help battle for what is rightfully theirs.
Contact our Firm
Sometimes, divorce, family, and estate matters are difficult to navigate. Fortunately, they do not have to be with the assistance of a compassionate, knowledgeable attorney who is willing to guide you every step of the way. If you need a seasoned firm to help you with any divorce, family or estate-related matter, please do not hesitate to contact Collis & Griffor today to schedule a consultation.