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Question about 6mo waiting period for divorce in Michigan

Discussion in 'Divorce, Separation, Annulment' started by dhffmn, Nov 26, 2011.

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  1. dhffmn

    dhffmn Law Topic Starter New Member

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    Hi,
    I have read a few post on the 6mo waiting period in Michigan, my understanding of some of the post is this; if I file for divorce in Michigan the waiting period only applies for re-marriage in Michigan. Meaning that after I file I could go to another state and get re-married and it would still be within the laws of marriage. Is this correct or am I interrupting the post that I have read wrong? Any advice would be helpful. Thanks :)
     
  2. jacksgal

    jacksgal Super Moderator

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    It generally takes 6months and one day from the day other party is served (without unresolved issues) for a Divorce to be "final". Until your Divorce is fninal you cannot remarry in any state!
     
  3. army judge

    army judge Super Moderator

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    Are you looking to jump out of the pot into the frying pan?????

    Okay, consider this.

    Michigan is my adopted state, having received my undergraduate degree many decades ago from the university with the greatest fight song in the nation, The University of Michigan.

    Go Blue!!!!

    By the way, I enjoyed the A-whipping that was administered to the "school from the south" today!

    I'm sorry, I digress.


    Back to YOUR divorce.

    Consider the following before you proceed:

    You or your spouse (husband or wife) must have lived in Michigan for at least the last six (6) months.You must file for divorce in the Michigan county where you or your spouse has lived for the last 10 days. Most people file where they live but you do not have to – you can file where your spouse lives. You do not need to know where your spouse lives to get a divorce. A divorce notice can be put in a newspaper after you have filed.

    Michigan has no fault divorce. This means that you do not have to prove adultery or cruelty or any other “grounds’ for divorce. You only have to show that your marriage has broken down and you cannot get back together. No fault also means that even if you are the one who made your marriage break up, you can still file for divorce. No fault divorce also means that if you want to get divorced, your spouse can fight over other things involved in the divorce like child custody and support and property. But if you want the divorce you can get it even if your spouse does not wantit - and even if you made the marriage break up. But remember, the judge can look at fault in deciding how to divide up property or who should get custody of the children.

    If no children were born during your marriage and no child is expected, you still have to wait at least 60 days after you file for divorce before your divorce can be final. “This is a “cooling off” period just in case you change your mind.

    But, a lawyer can petition a circuit court judge to waive the six month period for a good reason, barring the fact your soon-to-be-ex-spouse doesn't contest the matter. A good reason might be that you or your new intended is pregnant (no, you are usually NOT required to prove it, just state it - this is referred to taking your representation), you (or your intended) is a member of the military on active duty, your job is sending you away, etc...

    If you have children from the marriage or one is expected, you have to wait at least six (6) months after you file for divorce before your divorce can be final. If you and your spouse are fighting over anything in the divorce, it cantake a lot longer than the waiting period to get divorced.

    If you have a low income (or no income), you may be eligible to attend a self help clinic or obtain legal materials allowing you to do your own divorce. If you are interested in such options, you should call your local legal service office for more information.

    To locate free or low cost legal assistance:

    Visit the www.michiganlegalaid.org home page and search for local assistance by entering your zip code in the box marked “Find a lawyer, organization or related service to help you with your problem.” or

    Look under "attorneys" in the yellow pages to find your local legal aid office, or

    Contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738.

    Persons age 60 or older, regardless of their income, may be able to receive free advice from the Legal Hotline for Michigan Seniors by calling (800) 347-5297.

    Good luck, but be sure to think before you leap!
     
  4. dhffmn

    dhffmn Law Topic Starter New Member

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    I am not jumping into anything, we have been seperated for a long time but due to the fact that he has never worked (or contributed to supporting his chidren) I have been un-able to file for divorce till now. I have saved enough to be able to do it now and, yes during the time apart have met someone else. I was on here just reading through some stuff and came across the posts that I referenced eariler. All I was doing was asking a question, however the idea of a new years wedding in Vagas has crossed my mind!! I was not sure if I was interpeting the post wrong. The divorce is not contested, we have split everything and have long ago resolved parenting time. In fact he has also moved on and is looking to get married as well. Hence, my question we have both moved on and would like to "legally" get on with our lives as soon as possible.
     
  5. jacksgal

    jacksgal Super Moderator

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    You cant rush the court except under the conditions (if your state permits) AJ describes. Trust me I know. My husbands Divorce took over two years due to people he hired to do paperwork kept making mistakes and court rejected it. By time we finally got around to getting married our son was one!
     
  6. dhffmn

    dhffmn Law Topic Starter New Member

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    Oh my, well I hope that doesnt happen in my circumstance. Thanks for the posts!
     

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