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Circumstances dictate divorce waiting period in Michigan

Michigan's divorce laws are complex, and some depend on the circumstances present at the time of the split. It is imperative to ensure that you meet the requirements for divorce in this state so that you don't waste your time or effort on a petition that isn't valid.

First, you or your spouse must have lived in the state for at least 180 days before you file. There is also a requirement for one person to have lived in the county of filing for at least 10 days.

Second, there doesn't have to be a fault in order to file for divorce. Instead, either party can believe that the marriage can't be saved.

Third, there is a waiting period in Michigan. The clock for this starts when the petition is filed regardless of how long you and your spouse were separated. If you don't have any minor children, the minimum waiting period is 60 days. If you have minor children, it is 180 days.

There is a chance that you can get a divorce with children finalized prior to 180 days, but you will have to show that dragging the divorce on the entire waiting period will pose a hardship on the children or you. Even if you do this, the waiting period must be at least 60 days.

Your divorce might take longer than the minimum amount of time if you and your ex can't agree on all aspects of the divorce. This includes property division, child custody and any support payments. When an agreement isn't possible, you'll have to go through a trial, which can draw the divorce timeline out more.

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