If you and your spouse don't have children together, there is a 60 day waiting period before your divorce can be finished. The waiting period begins when you file your divorce, even if you and your spouse were separated before that.
How long do you have to be separated to get a divorce in Michigan?
In Michigan, there's a waiting period before the divorce can be granted—it's two months for couples without kids and six months for couples with children . Even if you and your spouse are in complete agreement about the divorce, the plaintiff must attend a final hearing after the waiting period has ended.
Is dating during separation adultery in Michigan?
Michigan is a no-fault divorce state, which means that neither divorcing partner needs to prove that the other is “at-fault” for causing the divorce. Nevertheless, if you dated someone else or cheated on your spouse during your marriage, or if you date during the divorce, fault may matter.
What is legally separated in Michigan?
People often talk about “legal separation” as an alternative to divorce. In Michigan, this legal action is called “separate maintenance.” This is a court case between a married couple that can divide property and debt, decide child support, custody, and parenting time, and award spousal support .
Is Michigan a 50/50 divorce state?
No. Michigan divides marital property using the theory of “equitable distribution” . Community property states attempt to distribute property as close to a 50-50 split as possible. Equitable distribution states divide property based on a determination of what's fair under the circumstances of each case.
Can you get a legal separation in Michigan?
The State of Michigan, however, does not permit legal separations as other states do. Instead, while living apart, couples can ask the court for separate maintenance. Although the processes for separate maintenance and divorce are similar, in a separate maintenance action, the couple remains legally married.
Can I get a divorce without going to court?
It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why . However, it is still possible that you will need to go to court to decide what happens to money, property and children.
How long after divorce can you remarry in Michigan?
| To remarry after divorce To apply for a marriage license | Massachusetts Up to 90 days, varies by county 3 days | Michigan No restrictions 3 days |
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How much does it cost to get legally separated in Michigan?
The filing fee for a Michigan divorce petition is $175.00 if you do not have minor children . The filing fee for a divorce with minor children is $255.00. A divorce attorney or party filing the complaint will pay the fee at the time of filing.
Can you put a divorce on hold in Michigan?
Once a divorce case is filed, there may be legitimate reasons to put the case on hold or suspend the filing for a period of time . This can be done depending on the circumstances. To begin with, there are two different waiting periods for divorce cases in Michigan.
Is it wrong to date while going through a divorce?
We always recommend waiting for a least a year following your divorce before you begin dating again to give yourself time to adjust to your new normal and to focus on yourself. Then, we recommend waiting at least two years before committing to a serious relationship.
Does it matter who files for divorce first in Michigan?
No, from a legal perspective, it does not matter who files first for divorce in Michigan . However, filing first does present an opportunity for the initiating party to request various orders to the court before your spouse is notified of the divorce proceedings.
What rights does a legally separated spouse have?
Legal separation is a legal remedy for couples suffering from a problematic marriage. In legal separation, the couple is allowed to live apart and separately own assets . However, legally separated couples are not permitted to remarry, since their marriage is still considered valid and subsisting.
How long does a legal separation take?
When a judicial separation is uncontested and both parties complete and return all documents promptly the process will usually take 4 to 6 months , but it may take the court longer to process if any issues are contested.
What is the penalty for adultery in Michigan?
And, according Michigan law, city officials are correct. A state statute on the books since 1931 says that adultery is a felony. In fact, it's punishable by a maximum sentence of four years in prison and/or a $5,000 fine , Kalamazoo County Chief Assistant Prosecutor Carrie Klein confirmed this week.
What is a wife entitled to in a divorce in Michigan?
In general, the part of a pension or retirement plan that was accrued during a marriage is marital property. In a divorce, the non-employee spouse is entitled to part of their spouse's pension or retirement plan . Sometimes parties agree not to divide their pensions or retirement plans, and each keep their own.
Can I kick my wife out of the house in Michigan?
The short answer is yes, you can force a Spouse to leave the marital residence . But there are requirements that must be met in order to have a sole legal claim to the marital home. An agreement between spouses on who is to move out and situations of domestic violence are examples meeting the requirements.
How long do you have to be married in the state of Michigan to get alimony?
Some people believe that you have to be married at least ten years to receive spousal support or alimony in Michigan. This is also untrue. There is no specific number of years that one must be married to receive spousal support in Michigan .
Can you go to jail for adultery in Michigan?
While some argue that the law is archaic, adultery is considered a felony in Michigan. Generally speaking, felonies in the state are punishable by at least one year in jail . According to the statute, anyone who commits adultery while they are still married has committed a crime.
Can you reverse a divorce in Michigan?
If the divorce settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge's decision . If your divorce decree was signed less than 30 days ago, the judge might rescind the decree, but after 30 days, the judge cannot.
What does a legal separation do?
A legal separation is a way of separating without getting a divorce or dissolution – it's also known as a ‘judicial separation. It lets you and your partner make formal decisions about things like your finances and living arrangements, but you'll still be married or in a civil partnership .
Is divorce free after 5 years separation?
It is a myth that you can get a divorce after 5 years of separation without your spouse being involved. But that's not true as you cannot simply divorce without their knowledge, regardless of what you or they said before separating . You still must show to the court you have done your utmost to find them.
Can you get a quick divorce?
A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced . This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.
Can I divorce my wife for not sleeping with me?
In some instances, the absence of sex in a marriage can be a valid ground for divorce as there are laws that regulate it withholding sex in a marriage . Indeed, sometimes a marriage without sexuality is an indication that a marriage cannot be restored.
What is the average cost of a divorce in Michigan?
How much Does it Cost to Get a Divorce in Michigan? In Michigan, the average cost for a non-contested divorce can range from $1,200 to $1,500 with court filing fees and other legal documents. If your divorce is contested the costs can dramatically increase with a base price starting at $5,000.
How does adultery affect divorce in Michigan?
Because Michigan is a no-fault state, it doesn't matter who's at fault for the divorce. The judge won't listen to evidence about marital misconduct, such as adultery . In fact, the person asking for the divorce can't even mention anything other than the breakdown of the marriage in the divorce complaint.
Can you get a divorce without the other person signing the papers?
Unopposed divorces
An uncontested divorce can arise in two instances, the first being a situation where the sheriff has served the summons, and your spouse fails to defend the action . In this instance, the court may grant you a decree of divorce by default.
