Grounds for Divorce in Michigan
Michigan is considered a ‘no-fault’ state for divorce. Generally, this means that once residency and filing requirements are met, Michigan law allows a divorce to be granted if one spouse simply states that the marriage has irretrievably broken down or the couple has irreconcilable differences, regardless of whether the other spouse agrees to the divorce.
This can be misleading, however, in that fault may be very much at issue if there is a dispute about alimony, property, child support, parenting time or custody. We can advise you on how fault may factor into your specific case.
Once you meet with an attorney and decide to initiate a divorce, the length of the divorce process will depend on the statutory waiting period before a divorce can be granted, and the specific circumstances of your case. Once the complaint, the initial document that starts your divorce, is filed, it may take up to one year for a judgment of divorce, the final document that finishes your divorce, to be filed.
This will depend on the specific issues that need to be addressed as part of the divorce, and your attorney will discuss this with you during your initial consultation.
This will also depend on how much discovery is conducted. The discovery phase allows each party to discover the facts and investigate the issues in the divorce. Types of discovery include depositions, requests to admit, subpoenas and interrogatories. Other professionals may be also consulted during the divorce process, such as appraisers, accountants, actuaries, vocational rehabilitation specialists or psychological professionals.
Completion of the discovery process will give you the “big picture” of the issues and marital assets to be divided, allowing you and your attorney to properly discuss your strategies and settlement options.
Concluding your Divorce
The divorce can be concluded through various avenues to resolve the contested issues, including:
- Settlement: The parties may reach a resolution of the issues amongst themselves. We recommend this route if the parties have been cooperative throughout the process, and if the attorneys are involved in the settlement process.
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