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
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!
