Divorce can be an emotional and complex process requiring legal, financial, and personal considerations.
Divorce in Michigan usually grants itself provided specific legal requirements are fulfilled - however, individuals contemplating divorce often wonder whether there could be instances when Michigan could refuse their request to dissolve the marriage - here, we explore factors that might affect this decision in Michigan.
Grounds for Divorce in Michigan
Michigan is a "no-fault" divorce state, meaning neither party must establish any proof of wrongdoing to receive a divorce decree from the court.
Instead, all that's necessary to approve divorce proceedings is that one side claims their marriage has broken down irretrievably with no reasonable hope of reconciliation being possible - the goal is to streamline proceedings as much as possible and reduce acrimonious proceedings.
Michigan law recognizes fault-based grounds for divorce, such as adultery, cruelty, abandonment, and imprisonment are examples. Regardless, fault-based grounds tend to be less utilized in modern divorce cases.
Residency Requirements in Michigan
To file for divorce in Michigan, either party must meet residency requirements. At least one spouse must have lived in Michigan for 180 days before filing their complaint in their respective county of divorce filing; any failure to fulfill residency criteria could result in the court denying your petition for dissolution of marriage.
Filing errors and failure to comply with procedural requirements can create complications and delays in getting divorced, possibly even leading to rejection by a court. Therefore all paperwork must be filled out accurately, all required documents submitted, and legal procedures followed correctly, or this may lead to the court rejecting your divorce petition.
Failure to Address Child Custody and Support
Michigan courts place great weight in prioritizing children's best interests when making custody and support arrangements for them, so when reviewing divorce petitions involving minor children, they consider whether proposed arrangements meet this standard and may refuse the divorce until they have been appropriately settled by either party involved.
Fraud or Duress
If either party can demonstrate that their divorce agreement was obtained under fraud or duress, the court may annul it and rule against it. For this reason, assets and liabilities must be disclosed honestly when filing paperwork; any attempts at deceiving the court could jeopardize divorce proceedings and be detrimental.
Although Michigan generally follows a no-fault divorce model, certain circumstances could still result in its rejection. Complying with and understanding Michigan legal requirements about child custody and support arrangements and fraud practices could affect whether your divorce petition will be accepted by court.
Consulting an experienced family law attorney in Michigan is critical to increasing chances for successful resolution when going through such complex processes.