Can I file for a quick divorce from my husband?
Full Question:
I am a resident of Michigan and have been considering divorcing my husband for a while now. I have been putting it off due to the cumbersome process involved. I have reached my wit's end now and I want this ordeal to be done and over with. We have no kids and almost negligible marital assets. Is there a provision to get a quick divorce?
11/23/2016 |
Category: Divorce |
State: Michigan |
#27075
Answer:
The basic requirements under the Michigan laws to file for a divorce is enumerated in MCLS § 552.9 and 552.6 which states the following:
MCLS § 552
“Sec. 9.
(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.
(2) A person may file a complaint for divorce in any county in the state without meeting the 10-day requirement set forth in subsection (1) if all of the following apply and are set forth in the complaint:
(a) The defendant was born in, or is a citizen of, a country other than the United States of America.
(b) The parties to the divorce action have a minor child or children.
(c) There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.”
MCLS § 552
“Sec. 6.
(1) A complaint for divorce may be filed in the circuit court upon the allegation 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. In the complaint the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language.
(2) The defendant, by answer, may either admit the grounds for divorce alleged or deny them without further explanation. An admission by the defendant of the grounds for divorce may be considered by the court but is not binding on the court's determination.
(3) The court shall enter a judgment dissolving the bonds of matrimony if evidence is presented in open court that there has been a breakdown in 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.”
Once the person filing shows the court that the above-mentioned conditions are fulfilled, they may file for an uncontested divorce. An uncontested divorce is one where the spouses have agreed on all the key aspects of divorce like tax deductions and exemptions, a division of the marital assets and debts, alimony and any other dispute involving the marriage. Once these aspects are sorted out by the spouses, they may be granted a divorce in 60 days’ time.