Michigan is a “no-fault” divorce state, meaning spouses do not need to prove that the other caused the divorce in some way. In several other states, it is necessary to show that one of the spouses did something wrong, such as adultery or being in jail for a period of time.
However, in Michigan, it is sufficient to show that the marriage has irretrievably broken down and the spouses do not believe they can continue to be married. At least one of the spouses will be required to testify to this fact, usually through an affidavit filed with the court.
There are several legal rules and principles that dictate how a Michigan divorce is filed, where it is filed, and when it is filed. For instance, in order to file for divorce in Michigan, either you or your spouse must have lived in the state for at least 6 months before filing. In addition, you are required to file the divorce at a court in the local county where you (and the children have lived.
Sometimes, determining how these rules apply to your case can be straightforward. Other times, it will be incredibly complicated, requiring the assistance of an experienced Detroit area divorce attorney.