Michigan No Fault Divorce

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Divorce is a complicated and stressful process for both the divorcing parties. Such legal process is generally filed on the basis of fault or evidences that prove the wrong doing of either of two partners. However, no fault cases does not really include a number of legal formalities, as this process mainly happens on mutual agreement of both the spouses. After the petition is filed, a waiting period of sixty days is observed, after which the legal separation might be granted. When the case includes the issue of child custody, the waiting period is longer. In some special cases there might be a waiver for this waiting period. It is observed that several marital issues are already resolved in no fault cases, even before filing a petition in the court. Similarly, the Michigan no fault divorce also includes some special conditions like mentioning of appropriate and valid grounds, residency requirement fulfilled by either of two parties and many other. Some of the major requirements during the Michigan no fault cases are listed here.

Grounds of Michigan No Fault Divorce

During such processes, the divorcing partner has to state that the marriage has been broken irretrievably. One or both of the following reasons can be responsible for such an occurrence.

  • Irreconcilable differences: If either of the two spouses state that indifferences and problems with respective partner are impossible to be resolved, such statements are sufficient enough for the court to grant a divorce.
  • Incompatibility of temperament: This legal process is mainly based upon the mentioning of valid grounds by either of the two divorcing individuals. The condition where marital disputes are in no possible state for getting resolved then such conditions are seriously taken into account by the court house of the state.

There is no need to mention that the other divorcing partner is at any fault in order to get the permission to provide legal end to the marriage.

Residency requirements for Michigan no fault divorce

One divorcing partner must be residing in this state for at least 180 days before the date of filing the legal papers. This partner must be staying in the county, the court where legal papers are filed, for minimum ten days prior to the filing date.

When the other divorcing partner is not living in this state, then, the court in this state can pass orders regarding settling of the no fault case, but the court cannot settle issues like property division or child custody. Sometimes the other divorcing partner (who does not live in Michigan) can allow the court in this state to settle issues like property division or child custody. However, in such a case, the court in this state can only pass a verdict regarding these issues. Therefore, the agreement of both the parties to allow the court for the settlement of some crucial issues such as property division, child custody etc, is of grave importance in the entire no fault legal procedure.

Property division

The trial court initially determines which property is to be treated as marital estate and which is to be considered separate property. In such a determination, the following cases may occur.

  • Inherited assets are regarded as a separate property of the divorcing partner who has received it.
  • An asset or business owned before the marriage is regarded as a separate property on the basis of how it was treated during the marital life.
  • Few separate properties may be considered as a marital property, especially during property division step . It is only possible if residential income is utilized for the maintenance of separate property which is owned by either of two spouses during the marital phase.
  • Sometimes the separate property of the divorcing partners directly merged in the marital property even after marriage and hence, such properties will be treated as a separate property
  • At times, the court may utilize the separate property of a divorcing partner as a post-divorce support to the other partner in special conditions

The Michigan court considers the following factors while distributing the marital estate.

  • The health of the divorcing partners
  • The age of the divorcing partners
  • The reason for divorce
  • The source of income of both the divorcing spouses
  • The contribution of the divorcing partners towards the attainment of the property
  • The duration for which marital life existed
  • The past relations and behavior of the divorcing couple
  • Principles results into fair decisions
  • Circumstances and necessities of the divorcing partners
  • The lifestyle of the divorcing spouses

Michigan no fault divorce is the legal process that includes settlement of various marital issues such as, property division and child custody prior to implementing all legal formalities associated with the process.

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