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What is Considered Grounds for Divorce in Michigan?

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What is Considered Grounds for Divorce in Michigan?

What is Considered Grounds for Divorce in Michigan?

Posted in Divorce, Family Law
by Van Den Heuvel Law Office

Nearly 50% of all couples end up filing for divorce. When filing for divorce, the spouse requesting to end the marriage must state a specific ground for terminating the marriage. Different states have different grounds by which a spouse can request a divorce, including Michigan. If you are interested in filing for divorce in the Grand Rapids area and wish to learn more about the process from an experienced Michigan family law attorney, call or contact the Van Den Heuvel Law Office today to schedule a consultation of your case.

No-Fault Grounds 

Michigan is considered a no-fault state, which means that a specific ground like adultery does not have to be claimed in order to file for divorce. In order to meet the requirement for grounds in a Michigan divorce, one spouse merely needs to assert that the marriage is irretrievably broken. This means that there has been a breakdown in the marriage to the extent that it has been permanently destroyed and there is no reasonable likelihood that it can be repaired. One spouse is allowed to file for divorce even if the other spouse disagrees with the decision.

Other Requirements for Divorce 

In addition to stating a ground for divorce, there are other requirements that must be met in Michigan for a valid divorce. The residency requirement mandates that at least one spouse has lived in the state for at least 180 days prior to filing for divorce in Michigan as well as being a resident in the county where the petition is filed for at least 10 days.

Once the residency and grounds requirements are met, there is a waiting period in Michigan before a judge can hear the case. The minimum required waiting period is 30 days, but if there are minor children the minimum waiting period is extended to 180 days in order to give the spouses an opportunity to work out their differences before they take the petition to the court. However, that extended period can be shortened back to 30 days if there is evidence of domestic violence or child abuse in the case.

How Do Grounds Affect a Divorce? 

In no-fault divorce states, such as Michigan, claiming that the marriage is irretrievably broken does not usually sway any issues in the case in favor of one spouse or the other. However, the reasons for the marriage becoming broken may impact some elements of the case. For example, if adultery or gambling debts caused the breakdown of the marriage, a judge may award the aggrieved spouse a greater share of the marital estate in the property distribution. To learn more, call or contact our office today.

Talk to Our Office Now

If you or a loved one is considering divorce in the Grand Rapids area, our experienced family law attorneys at the Van Den Heuvel Law Office are here to help. Call the office or contact us now to speak with a knowledgeable lawyer about your case.

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