Michigan No Fault Divorce

After the Petition is filed, a Cooling period of 60 days is observed, after which the divorce might be granted. When the case includes the issue of child custody, the waiting period is longer. In some special cases, there might be a waiver of this Cooling period.

Grounds of Michigan No Fault Divorce

In this sort of divorce, the divorcing partner has to state that the marriage has been broken irretrievably. One or both of the following reasons may be stated for such an occurrence.

• Irreconcilable differences
• Incompatibility of temperament

There is no need to mention that the other divorcing partner is at any fault in order to get the divorce.

Residency requirements of Michigan No Fault Divorce

Minimum one divorcing partner must be residing in this state for at least 180 days before the date on which the divorce papers are filed. This partner must be staying in the county, the court of which the divorce papers are filed, for minimum 10 days prior to the filing date.

When the other divorcing partner is not living in this state, then, the court in this state can pass orders regarding settling of the no fault divorce, but this court cannot settle issues like property division or child custody. Sometimes this other divorcing partner (who does not live in Michigan) can allow the court in this state to settle issues like property division or child custody. However, in such a case, the court in this state can only pass a verdict regarding these issues.

Property division

The trial court initially determines which property is to be treated as marital estate and which is to be considered separate property. In such a determination, the following cases may occur.

• Inheritance is regarded as a separate property of the divorcing partner who has received it
• An asset or business owned before the marriage is regarded as a separate property on the basis of how it was treated during the marital life
• For example, a particular property may be treated as separate property, while the interest earned due to this property in marital life may be considered as a marital property
• Sometimes the separate property of the divorcing partners at the moment of marriage is considered to have been merged in the marital property after marriage
• At times, the court may utilize the separate property of a divorcing partner to provide for sufficient post-divorce support to the other partner

The trial court takes into account the following factors while distributing the marital estate.

• The health of the divorcing partners
• The age of the divorcing partners
• The reason for divorce
• The earning capacity of the divorcing spouses
• The requirements of the divorcing spouses
• The contribution of the divorcing partners towards the attainment of the property
• The source of the property
• The period for which marital life existed
• The past relations and behavior of the divorcing couple
• Usual principles of fairness
• Circumstances and necessities of the divorcing partners
• The life status of the divorcing spouses
• Any other relevant factors

Divorce Papers