Michigan Divorce Laws 15

In: Michigan

Divorce Law Basics in the State of Michigan

Also See: Michigan Marriage Laws

Statute: Michigan State Divorce Code (Chapter 552): legislature.mi.gov

No-Fault Grounds: Irretreivable breakdown

At-Fault Grounds: Michigan law does not provide for at-fault divorce

Residency: Either party must be a resident of the state for at least 180 days and a resident of the county for at least 10 days prior to filing

Legal Separation Recognized? Yes, but only if a petition for divorce has not been filed.

Property Distribution: Michigan relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party and is at the discretion of the judge.

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Discussion

  • julie keating

    I was wondering what would happen if someone already filed a no contest divorce then decided that she want to have her spouse charged with adultry in michigan

    • Medicfire

      My wife had me served with divorce papers Aug 13th, 2010 and than told me the next day she had an affair in 2005. Can I use this against her in court, being five years later?

      • jzz

        Michigan is a no-fault divorce state. Determining fault is not necessary. How did you intend to use it against her?

  • Michigan Hunter Cind

    So how does one go about proving that no sexual encounters occurred towards the end of the marriage? How can it be proved that one person was withholding from the other? I ask because typically, and I emphasize typically, it would be the husb declaring that the wife would not give him sex, but what if it is the other way around?

    • Jzz

      In civil matters such as a divorce proof is not the same as a criminal matter. You don’t need physical evidence. If the divorce went to court you tell your side. Possibly offer witnesses that can testify to the condition of the relationship.

  • cheryl

    I see that a legal separation in Michigan is something that is recognized in court, but does that mean the legal separation is null and void if the parties file for divorce does that mean child support and alimony is voided too?

    • Jzz

      Typically legal separation agreements are valid until a final divorce decree

  • Douglas Friday Jr.

    if you dont have sex on your wedding night are you still consider married.

    • Jzz

      Yes you’re still married. Failure to consummate a marriage can be used as a reason to annul a marriage contract. Many couples don’t have sex on their wedding night

  • webbie

    How often is adultery punishied by imprisonment in michigan? How can it be proven in a court of law that adultery was comitted?

  • Jzz

    Adultery is not a crime. Therefore a person cannot be sent to prison

  • Help

    I am not legally spearated. I was forced to move to my home state by my husband. He quit making the payments on the car back in Oct. the car has been repod. He is going to turn off my cell phone. We have no children together. He has not help support me at all. I did not work while we were together. I don’t want the divorce. I want to work things out. What can I do about him turning off my cell and stoping the divorce?

  • Consirns

    my dad knows about my filing for devorce from my current husbend. He says that if i have any male friends what-so-ever it can be used agest me in court, like if my husbed trys to say i was cheating on him with male friends. (i never cheated on him) What would he have to prove to say i was cheating? My dad has told me that talking on the phone with a male friend who is un-married may be considered as cheeting. Is that true?

  • undecided

    What would be the benefit of legal separation? If we were separated, would I still be eligible to receive such things as medical insurance through my spouse’s employer? Would I be entitled to receive alimony if we were only separated and not divorced?

  • uncertain

    I have been married for 24 years and was blindsided by my cheating husband who not only cheated with a complete stranger while i was working, but had oral sex with my sister and one of my only friends who I thought was my best friend besides him. I was deliriously happy and proud of our family. He never had a substatial job. I always supported us fully. he had a few odd jobs. The money he did make went only to himself. I even bought my own wedding ring. Can I wind up having to pay alimony? our youngest of 2 sons is now 19. I feel like I could be stuck! Ive paid enough for him. I dont want anything but to walk away and not have to look back. Im afraid of having to pay alimony though and this is the only reason I havent just moved on yet.