Michigan Divorce Filing - DV Charges

Call Me: 248-924-9458
Click to Email Me

If charged with domestic violence in Michigan, your spouse may file for divorce against you, or you may want to file for divorce.  Here is a breakdown on a few things you should be aware of if facing DV charges in Michigan.

Michigan is a no-fault divorce state, but there is only one standard for a divorce in Michigan, which is stated in MCL 552.6(1), which requires "there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. 

The party who files for the divorce in Michigan is known as the plaintiff, and this person cannot state any other reason than the above requirement as a grounds for a Michigan divorce. The plaintiff cannot provide anymore detail of why they are requesting the divorce.  The defendant is the other spouse, and this party may either admit or deny the allegations of the plaintiff.  Even if the defendant admits to the plaintiff's claim, a divorce judgment in Michigan may not be entered until evidence is presented in open court that there has been a breakdown in the marriage relationship.  A divorce ends a valid marriage in Michigan

For a court to a Michigan divorce judgment, it must have jurisdiction over the two parties, and the residency requirements must be met, which are listed in MCL 552.9(1), which states

(1) A judgment of divorce shall not be granted by a court in this state in an action for divorce unless the complainant or defendant has resided in this state for 180 days immediately preceding the filing of the complaint and, except as otherwise provided in subsection (2), the complainant or defendant has resided in the county in which the complaint is filed for 10 days immediately preceding the filing of the complaint.

(2) A person may file a complaint for divorce in any county in the state without meeting the 10-day requirement set forth in subsection (1) if all of the following apply and are set forth in the complaint:

(a) The defendant was born in, or is a citizen of, a country other than the United States of America.

(b) The parties to the divorce action have a minor child or children.

(c) There is information that would allow the court to reasonably conclude that the minor child or children are at risk of being taken out of the United States of America and retained in another country by the defendant.

Latest Articles 

Will my wife be forced to testify against me in court?

Am I going to jail for hitting my spouse?

If I'm put on probation, what will be the requirements, and will it be difficult?

Should I go to trial and fight my DV case or just plead guilty?

How do I know if my spouse is filing for divorce? I don't want to be caught by suprise

Will I lose custody of my kids if convicted of domestic violence?

Should I file for divorce first if my spouse falsely accused me of domestic violence? 

Can my wife take my money, house and cars if she charges with me with domestic violence?

How to get your domestic case dismissed in 3 steps

Can my spouse divorce me and get child support after a DV charge?

When will I be allowed back into my house and to see my kids?

Can my spouse use past incidents of domestic violence against me?

My wife wants to dismiss the case, why won't the prosecutor listen?

Will I be allowed to travel for work if charged with DV?

Will I lose my job if charged with domestic violence?

Can the prosecutor make my own kids testify against me in court?

Win Your Trial: How to beat the DV charges in court

Will I have to pay spousal support if my wife files for divorce?

Will I only see my kids every other weekend if I get charged with DV?

If I get a divorce, how is child support calculated in Michigan?

Can my spouse take away my retirement and savings if charged with Domestic violence?

Can my wife take my kids to a different state?

Will my spouse be able to tell the prosecutor to dismiss my case? 

What are the possible penalties for domestic violence?

Can I still be charged with domestic violence even though the person was not injured?

What's the difference between a jury and a bench trial?

What's 769.4A, and can I receive it on my case?

Am I a bad person for pushing my wife? She pushed me too

Can women be charged with domestic violence?

How can I get rid of a no-contact order?

Will I need to drug and alcohol test during my case?