(Newswire.net — April 5, 2023) — In this article, we are going to study the legal grounds for divorce in Michigan. But first, let’s take a quick look at divorce statistics for this state:
Michigan law lists the reasons a couple can end a marriage.
Irreconcilable differences
Typical reasons include:
- disagreements between spouses, lack of mutual understanding;
- unwillingness or inability to resolve conflicts peacefully and seek a compromise;
- frequent quarrels and conflicts on domestic grounds.
The reason may also be the inability of one partner to financially support the other partner, as well as the late payment of bills. Couples may cite physical or mental abuse or infidelity as another reason to end a marriage in Michigan.
Both parties must agree that their marriage has run its course, that it is impossible to restore the relationship, and that a divorce due to irreconcilable differences be approved by the court. Both spouses need to understand their rights under Michigan divorce laws so that they can enter into the best possible agreement for both.
Cheating on one of the spouses
The deceived party must present evidence of the spouse’s infidelity in court – emails, videos, or text messages. If there is no physical evidence available, then circumstantial evidence may be used instead to support the fact of adultery. These could be suspiciously large credit card bills or phone bills that the partner can’t explain. They can also be used as circumstantial evidence of adultery.
Cheating can have serious financial and child custody implications in Michigan divorce proceedings. In some cases, the court orders the payment of alimony to the injured party. Before using adultery as evidence in a divorce court, it is important to familiarize yourself with your rights and obligations.
Cruel and inhuman treatment
If cruel and inhuman treatment is proven, the court will decide on the immediate dissolution of the marriage without any waiting period. This means that even if both parties agree to a reconciliation, the divorce will still take place.
Sometimes one of the partners may not have enough evidence to support the cruel and inhuman treatment to get an immediate divorce on that basis. In this case, you need to look for other reasons for the termination of family relations, which are indicated in Michigan law. This may be mutual consent based on irreconcilable differences between the spouses, after living apart for at least six months before application. Regardless of the reason for filing for cheap online divorce in Michigan, women’s rights always come first throughout the process.
The following infographic shows all stages of the divorce process in Michigan:
Departure of one of the spouses from the family
The party filing for divorce must demonstrate to the court that they have been separated within one year. You also need to prove that the departure of the spouse from the family caused suffering to the other side. There are several factors courts consider when evaluating such circumstances, such as:
- duration of separation;
- lack of communication between spouses during separation;
- intentions of the spouse’s further residence separately.
Michigan law provides for the protection of women’s rights in divorce proceedings, ensures that they are treated fairly and that there are no hardships because the partner left them without good reason. Women often bear a greater financial burden when their partner leaves them. Therefore, they may need additional support from the state so that they can cover living expenses during the period of rebuilding their lives after a divorce.
Mental illness of either party for at least five years
Under state law, if a spouse suffers from a mental illness that has lasted for at least five years continuously, this fact can be used as one of the reasons for divorce. This ground for divorce applies equally to both men and women since they have equal rights under the law.
It is important to note that for this ground to be recognized as a valid reason for filing a divorce, medical evidence must be provided. A certificate from a psychiatrist must confirm the presence of a mental disorder. The document must indicate that the disease is chronic and develops over five years. Also, the doctor must indicate that the disease has a significant negative impact on the marriage.
Conviction of one of the parties for a crime
If one of the partners has been convicted of a criminal offense and the other partner wishes to end the marriage, he has every right to do so. The partner who did not commit the crime must provide arguments that, if he remains in the marriage, this threatens his safety and well-being. He also has the right to divorce, because he does not want to further connect his life with the convict.
A conviction for a criminal offense is an extremely serious incident, after which a strained relationship arises between spouses. If one or both parties believe that their marriage cannot be salvaged, this is grounds for divorce in Michigan. The party who files for divorce needs to understand all the legal aspects to make sure their rights are properly protected throughout the process.
Alcohol or drug abuse by one of the parties
The occasional use of alcohol is not a valid reason for a dissolution of a marriage, nor is the occasional use of illegal substances. Reasons for going to court may be clear evidence of abuse, such as:
- police reports;
- medical records showing drug or alcohol use that has affected the mental or physical health of either partner.
If one of the spouses can provide sufficient evidence that his partner was constantly under the influence of alcohol or systematically abused drugs, this may be a valid reason for divorce. In this case, the injured party is entitled to alimony if during the marriage was financially dependent on the other party. Women’s rights should always be considered when going to court for substance abuse, as they may need additional financial support after divorce.
Living apart for at least two years
A married couple who has lived in separate households for two or more years is entitled to divorce without the need to present other reasons to the court. This provision is seen as a way to avoid lengthy legal battles and ensure women’s rights in divorce, allowing them to get out of an unhappy marriage without forcing themselves into lengthy and costly litigation. Separating for two or more years also benefits couples who have already reached a settlement agreement regarding the division of property and child custody. By filing for a divorce on this basis, they can avoid all the costs of going to the judge to sort out the details.