Michigan recognizes what is called “no-fault” divorce. This simply means that in order to file for divorce one spouse must claim that "There has been 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.”
One spouse may file for divorce in Michigan if he/she has been a resident of the state for at least 180 days and a resident of the county in which the divorce is filed for at least 10 days. If a couple has filed for divorce and there are no minor children born to the couple, the divorce may be granted within 60 days of the date of filing the complaint. However, if there are minor children born to the couple, there is a mandatory waiting period of 6 months before the divorce may be granted. Where the divorcing spouses disagree on the issues that must be resolved in order to dissolve the marriage, the length of time before the divorce is granted may be longer.
While the divorce is pending, the court may grant temporary orders regarding, child support, child custody and use of marital assets. These orders are only temporary and may be changed at the time the divorce is finalized.
Through the divorce process, the court will not only sever the legal bond of the divorcing spouses but it will also divide the marital assets and debts, determine if alimony is appropriate and the amount, and, if applicable, make a determination of child support, custody, and visitation.
