Does Michigan Grant Divorces Based On Marital Fault?

Divorce is an ugly situation that no one plans on going through when deciding to tie the knot. That is especially true when either spouse breaks the marital bond with adultery or abuse. But do you have the legal right in Michigan to divorce 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 except certain statutory language: “that there has been a breakdown 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 state law, you or your spouse will not be able to contest the other ground for the divorce. If you say that your marriage has fallen apart, there's nothing legally that she can do. The court will grant you the divorce. 
  • Waiting Period - No matter the agreement between you and your spouse, Michigan law states that you must wait at least two months after filing your complaint and serving your spouse. You'll have to wait at least six months if children are involved. 

If you want 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 you through your divorce case and property and custody hearings. 

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