If you’ve determined that you would rather live without your spouse than remain in an unhappy marriage, you can take several legal steps to accomplish your goals. However, you must do so in accordance with Michigan laws that govern such matters. You must meet certain requirements before you can file for a divorce.
If you and your spouse only recently moved to this state, you might have to wait a while before you can file for a divorce. There are residence requirements regarding such issues. In fact, in some cases, there are also requirements based on the county in which you may be residing in when you file your petition in civil court.
Michigan divorce laws regarding residence
If you wish to file for a divorce in Michigan, either you or your spouse must reside in this state for at least 180 days prior to filing your petition. This means that one of you must live in Michigan for at least six months before the state will grant you a divorce. You must also have resided in the specific county where you are filing your petition for at least 10 days before doing so.
Regarding the county requirements, there are exceptions to the rule. In certain situations, the state lifts this requirement. It is always best to speak with someone who is well-versed in Michigan divorce laws to ensure that you comply when you file your petition.
Additional state laws that are relevant to divorce
Other issues, such as whether you have children or will be requesting child support, may compel further research into Michigan laws before filing for a divorce. Every state has its own guidelines regarding such issues as child custody, child support, spousal support and property division. Even if you have finalized a divorce in another state, it doesn’t necessarily mean proceedings will be the same in Michigan.
Use the interim time to prepare for a divorce
You might feel frustrated and upset if you learn that you have not lived in Michigan long enough to procure a divorce. Think of it this way: You can use the time in which you must wait, whether it’s one month or several, to compile a list of needs and goals that you hope to fulfill or achieve in a settlement.
On one hand, it’s understandable that you want to settle your divorce as soon as possible so that you and your children can move on in life. On the other hand, the required waiting period enables you to think and plan ahead to ensure that you receive all that you’re entitled to in a Michigan divorce.