Can I File for Divorce in Michigan If We’re Still Living Together?

Can I File for Divorce in Michigan If We’re Still Living Together?

Considering whether to file for divorce brings up countless questions. For many couples, one big question is whether living together affects their ability to start the divorce process. If you’re living in Michigan, the short answer is yes, you can file for divorce even if you and your spouse are still living under the same roof. Michigan does not have a separation requirement, and divorce is filed on a no-fault basis. 

Essential information to know about filing for divorce in Michigan includes:

• You do not need to live separately to file. 
• Either spouse must meet the 180-day state residency requirement and file in the appropriate county. 
• Divorce in Michigan is “no-fault,” meaning spouses do not need to prove wrongdoing. 
• Waiting periods apply based on family circumstances (i.e., whether you have children or not). 

As a family law practice based in Michigan, Iafrate & Salassa, P.C. is here to provide further clarity on these points. For help with individual circumstances, however, be sure to contact a family law attorney for personalized legal support.

No Requirement for Separation Before Filing

Unlike some states where couples must live apart for a set period to qualify for divorce, Michigan does not require physical separation before filing. Rather, Michigan’s legal framework for divorce focuses on proving a breakdown of the marriage. The state’s no-fault divorce system simply requires one spouse to attest that the marriage has become irreparable.

Living together could offer logistical benefits, such as shared expenses or easier co-parenting during this time. However, keep in mind that emotional tension can increase when going through a divorce in the same home.

Residency Requirements for Divorce in Michigan

An important step in filing for divorce is ensuring you meet Michigan’s residency requirements.

• State Residency 

To file for divorce, at least one spouse must have lived in Michigan for a minimum of 180 days before filing.

• County Residency 

In addition to the state requirement, one spouse must have lived in the county where the divorce will be filed for at least 10 days prior to filing. This ensures the case is filed in the correct circuit court.

Key Waiting Periods to Know

Michigan imposes specific waiting periods before finalizing your divorce, depending on whether you have children with your spouse.

• No Children 

If there are no minor children involved, a 60-day waiting period applies from the date the divorce is filed before it can be finalized. 

• With Minor Children 

For couples with children under age 18, the waiting period extends to 180 days. This allows time to address custody, parenting time, and child support. 

Getting Legal Guidance

Filing for divorce while living together can raise unique issues. For instance, shared living arrangements may complicate negotiations over property division or parenting plans. Working with an experienced attorney can provide clarity on these issues and ensure all legal requirements are met.

Michigan’s divorce process offers flexibility when it comes to living arrangements, but achieving the best possible outcome requires careful planning. If you’re unsure about your next steps in regards to divorce, contact Iafrate & Salassa, P.C. We are here to provide you with compassionate support and strategic legal advice.