Generally speaking, couples in Michigan and throughout the country have the right to end their marriages. However, state law may impose a set of requirements upon those who want to get a divorce. For instance, a couple may have to reside in the state in which they move to end their marriages for at least 90 days before doing so. States may also require couples who are seeking a no-fault divorce to wait for up to two years before obtaining the ability to divorce.
In a no-fault divorce, neither party to the relationship is responsible for it coming to an end. An individual may be deemed responsible for a divorce if he or she committed adultery, engaged in domestic violence or was convicted of a felony. Those who abandon their spouses may also be deemed responsible for a marriage coming to an end. A person may seek to divorce a spouse who becomes mentally incapacitated during the course of the marriage.
In some states, couples will be required to go through counseling before they are allowed to get a divorce. This may be true if a couple has minor children or if one person believes that the marriage can be salvaged. Counseling or other requirements may be waived if a person has been separated from his or her spouse for a year or more prior to seeking a formal divorce.
Legal counsel may help to protect the rights of those who are seeking a divorce or have been served with divorce papers. A family law attorney may work with an individual to block the sale or transfer of joint assets before the marriage can be officially dissolved. In a divorce settlement, individuals may be entitled to pursue ownership of a family home or request spousal support payments from a former spouse.