DIVORCE IN ORDER TO FILE FOR DIVORCE IN MICHIGAN You or your spouse (husband or wife) must have lived in Michigan for at least the last six (6) months. You must file for divorce in the Michigan county where you or your spouse has lived for the last 10 days. Most people file where they live but you do not have to – you can file where your spouse lives. You do not need to know where your spouse lives to get a divorce. A divorce notice can be put in a newspaper after you have filed. SEPARATION You do not have to have a legal separation in order to file for divorce. You do not have to be separated for any certain period of time before you start your divorce. You can
still be living in the same house with your spouse, but you cannot be living as husband and wife. NO FAULT Michigan has no fault divorce. This means that you do not have to prove adultery or cruelty or any other “grounds’ for divorce. You only have to show that your marriage has broken down and you cannot get back together. No fault also means that even if you are the one who made your marriage break up, you can still file for divorce. No fault divorce also means that if you want to get divorced, your spouse can fight over other things involved in the divorce like child custody and support and property. But if you want the divorce you can get it even if your spouse does not want it and even if you made the marriage break up. But remember, the judge can look at fault in deciding how to divide
up property or who should get custody of the children. WAITING PERIOD If no children were born during your marriage and no child is expected, you still have to wait at least 60 days after you file for divorce before your divorce can be final. “This is a “cooling off” period just in case you change your mind. If you have children from the marriage or one is expected, you have to wait at least six (6) months after you file for divorce before your divorce can be final. If you and your spouse are fighting over anything in the divorce, it can take a lot longer than the waiting period to get divorced. JUDGMENT When the divorce comes to court, the judge will also decide on child custody and visitation; on child support and alimony; and on how
property should be divided. The judge can also give the wife back her former name if she wants it. DOT IT YOURSELF DIVORCE KITS If you are low income you may be eligible to use a kit to do your divorce. Legal Services of Eastern Michigan has a kit that gives you the forms and instructions to file your own divorce. There are also clinics in some counties to help you get started with the kit. If you are interested in this option, you should call your local legal service office for more information. NOTE: THIS PAMPHLET IS GENERAL INFORMATION ONLY. IT IS NOT A SUBSTITUTE FOR LEGAL ADVICE. CONSULT A LAWYER. THIS PAMPHLET HAS BEEN PROVIDED BY:
LEGAL SERVICES OF EASTERN MICHIGAN 148 E. Main, Ste. 207 Midland, MI 48640 (989) 832-7987 1-800-322-9142 320 S. Washington, 3rd Floor Saginaw, MI 48607 (989) 755-4465 1-800-322-4512 436 S. Saginaw Flint, MI 48502 (810) 234-2621 1-800-339-9513
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