How to get divorce in Michigan
The information below will help the interested person understand more about the divorce in Michigan.
The common steps of how to get divorce in Michigan:
The interested person have to live with the spouse for at least 6 month.
File the court. The interested person files Michigan court if the spouses have been living there at least 6 month.
If there are not any other visible reasons such as adultery, alcohol, drugs or crime, in Michigan the interested person can get a divorce without proving the spouse fault. So according to the Michigan divorce law “a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” The interested person can have fault or non-fault ground.
The interested person need to reach an agreement with the spouse. The interested person do not have to prove the spouse fault, but he or she can still tell the truth to the judge and this will influence the alimony and property division.
The interested person must print all the necessary documents and fill all the Michigan divorce papers.
Start the divorce process is to file to the court.
The interested person have to be a resident of the USA and live in the USA for about 10 years in order to file the USA court. But if the spouse is a resident and has been living in the USA for 10 years the interested person can also file all the necessary divorce documents in one of the courts and Michigan courts as well (if the interested person have been living in this state for more than 6 months).
How to divide property and debts?
According to Michigan law all the property that was owned by one of the spouse before the marriage is his/her own property. But at the same time all the property that couple has earned during the period of marriage is their common property.
If husband and wife does not have a possibility to agree about the division of their property in a peaceful way the judge will divide it according to the following factors:
- Ability of the spouses to earn money.
- Quantity of the children the spouses have
- Fault of the spouses
- Ages of the spouses
- Health of the spouses
- How the marriage was
- Living conditions during the marriage
- Investment into marital estate
The main difference between uncontested divorce and separate maintenance is that at the end of the case couples stays married. The spouses divide all their property and children, they do not live together, but at the same time they can not marry again until they get divorce.