WHAT IS NO-FAULT DIVORCE AND HOW CAN A PERSON FILE?

by Van Den Heuvel Law Office

Divorce is a difficult process to go through for almost any one who has to experience it. There are so many aspects to divorce that couples have to sort through, and in many cases couples can’t see eye-to-eye on most of these issues. That can make the entire process very stressful and overbearing. However, for those couples that are divorcing in Grand Rapids, there is one aspect of divorce that is very straightforward.

That’s because Michigan is a no-fault divorce state. That means that in order to file for divorce in Michigan, a person does not have to prove that his or her spouse is at fault. While many people might think they have to base their divorce on the grounds that their spouse has done something wrong, like commit adultery for example, that is not the case. The only thing that a person has to prove is that there has been a breakdown of the marital relationship. 

For example, if a person decides to end a marriage then he or she simply has to legally file for divorce. In fact, even if a spouse has done something to damage the marriage, that person can still be the one to file for divorce. One important note to keep in mind is that while the court does not consider who is at fault for filing for divorce, it may use fault to help determine how the settlement plays out, including spousal support and child custody. 

Meanwhile, in order for a person to file for divorce in Michigan there are legal requirements that he or she must take. First, at least one of the spouses must have been a Michigan resident for at least six months. The person who files the paperwork must do so in the county where he or she lives. The spouse who files the petition must also pay a filing fee and he or she must file the petition within the circuit court’s family division and specifically ask for a divorce from his or her spouse. 

After the petition has been filed, the defendant in the case must respond within 21 days of receiving a summons. If he or she fails to do so, then the court can simply rule in the plaintiff’s favor. The couple can also choose to settle their differences without going to trial. This is most often done with the help of divorce attorneys. 

Going through a divorce can be hard enough as it is. Going through it without the help of an experienced family law attorney can make the journey even tougher. If you are considering ending your marriage and you have questions regarding divorce, then please contact us at the Van Den Heuvel Law Office for help. Call 616-698-0000 or click here.

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