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Michigan Divorce Laws With Minor Children

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    • Divorce with minor childrenchildren image by Renata Osinska from Fotolia.com

      Michigan laws make divorce for spouses with minor children slower, and in some cases, more difficult. Parents of minor children must wait longer to get a divorce in order to give the parents enough time to consider the effects of of the split on their family. Michigan also makes divorce involving minor children more difficult by allowing public officials in the county where the case is filed to intervene in a divorce case. The state does make it easier to file for a divorce if there is a risk that a minor child will be taken out of the country.

    Residency Requirements

    • A divorce cannot be filed in Michigan unless one of the spouses has lived in Michigan for 180 days before the complaint for divorce is filed and unless one of them has lived in the county where the complaint is being filed for at least 10 days immediately preceding that filing. The 10-day residency requirement can be waived in cases where the parties have a minor child and the defendant in the divorce action is a foreign citizen or was born in a foreign country and there is a risk the child will be taken out of the United States.

    Waiting Period

    • Under Michigan Code section 552.9f, no evidence can be taken in any divorce case until 60 days after the date of filing the action. This is intended to be a cooling-off period to give the parties a chance to reconsider. If the spouses have a minor child or children, the cooling-off period is 6 months. If one of the parties petitions the court and shows that an uncommon amount of hardship will be caused by the delay or that there is some necessity for a faster divorce, the court may begin to take testimony 60 days after the complaint for divorce has been filed.

    Notice to Local Officials

    • Every complaint for divorce has to list the names and ages of all the spouses' children. When some or all of those children are under 17, a copy of the complaint must also be served on the prosecuting attorney or friend of the court, if the county has one. The prosecuting attorney or friend of the court can participate in the case and oppose the grant of divorce if the best interests of the child or the public good require it. They may also represent one of the parties to the divorce. The court will appoint a reputable attorney to represent the public officials in these cases.

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