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Does Michigan Grant Divorces Based On Martial Fault?

Divorce is an ugly situation that no one plans on going through when deciding to tie the knot. That especially is the case when either spouse decides to break the marital bond with adultery or abuse. But do you have the legal right in Michigan to get divorced because of such infractions? 

According to state law, yes, this may be a reason but is not necessary to achieve a divorce.

Michigan is what is known as a “no fault” divorce state which means you do not need to allege anything to obtain a divorce with the exception of certain statutory language: “that there has been a break down in the marriage relationship to the extent the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” Thanks to this law…. However, contesting the actual notion of divorce is not possible. 

Here's a breakdown of the law: 

  • No Fault - All that is needed to get a divorce in Michigan is to admit the marriage is not working. No evidence is needed besides your truthful statement. 
  • Contesting - Per the state law, you or your spouse will not be able to contest the others ground for the divorce. Basically, if you say that your marriage has fallen apart, there's basically nothing legally that she can do. The court will grant you the divorce. 
  • Waiting Period - No matter what the agreement is between you and your spouse, Michigan law states that you must wait at least two months after filing your complaint and serving your spouse. If children are involved, you'll have to wait at least six months. 

If you're looking to learn more or follow through with a divorce, there is much more on the line than just the legal agreement between you and your wife. That is where we can help. Contact us at Genesee Divorce for more information on how our men's divorce and family law attorneys can help get your through your divorce case, as well as property and custody hearings. 

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