Divorce, which is called “dissolution” in Michigan, may be defined as the legal termination of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states commonly grant divorces because to force a couple to stay married would go against public policy. When a divorce is filed in the state of Michigan, the petitioner must state the grounds on which the divorce should be granted. The grounds for divorce in Michigan must be substantiated with evidence or testimony, or the court may dismiss the case.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only viable justification for a divorce, even if fault grounds exist within the marriage. The other states, including Michigan, allow the members of the couple to select either a no-fault or a fault divorce. Lawyers.com gives a comprehensive overview of divorce and separation law in the state of Michigan.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.”

In Michigan, the justification for a no-fault divorce is 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.” This statutory language must be used in the divorce complaint and no other explanation is required.

Many states require a "cooling-off" period of separation for a specific period of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will be permanent. The duration of the cooling-off period varies according to state law.  Michigan does not have a waiting period requirement.

Some states also allow fault grounds for divorce. Common fault grounds include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. An allowable fault ground in the state of Michigan is a breakdown of the marital relationship.

The divorce process in Michigan begins when the petitioner files a complaint of divorce in the appropriate circuit court. The other spouse is then served with divorce paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and support matters, then the divorce may be finalized without a trial. If the parties do not agree, then the court will set a time for a hearing.

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Michigan, can be found at abanet.org.

*An example of a Michigan Divorce Settlement Agreement can be seen on Free Legal Aid.