This toolkit tells you about divorce when you have experienced domestic violence. This toolkit is for you if you and your spouse do not have minor children. Domestic violence in a relationship can impact a divorce. Domestic violence can be worst when a relationship ends. If your spouse has abused you, you may want to be safe and separate from your spouse before starting a divorce. If you need help with this, call a domestic violence shelter or agency. Consider talking to a lawyer before representing yourself in a divorce. If you cannot afford a lawyer, your local legal aid office may be able to help you.
For general information about domestic violence and divorce, read the Articles. Read the Common Questions if you have a specific question. If you want to file for divorce, if your spouse has filed for divorce, or if you need other related forms, use one of the Forms links to prepare your forms. To read Checklists with step-by-step instructions for getting divorced, go to the I Need a Divorce and I Do Not Have Minor Children toolkit or the My Spouse Filed for Divorce, and We Do Not Have Minor Children toolkit. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
It depends. There is a 60 day waiting period if:
- There were no children born during your marriage and
- Neither you nor your spouse is pregnant
There is a six month waiting period if:
- There were children born during your marriage or
- You are pregnant or your spouse is pregnant
The waiting period starts when you file for divorce. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. In a divorce with children, the judge can waive part of the waiting period if your case involves unusual hardship or a compelling need to shorten the waiting period. The judge cannot make the total waiting period less than 60 days. To learn more, read Introduction to Divorce with Minor Children.
The waiting period is the minimum time your divorce will take. If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced.
It could. Michigan is a “no fault” divorce state, which means you don’t have to prove your spouse did something wrong to get a divorce. But the judge can consider fault to decide how to divide your property and debt.
No. Michigan is a “no-fault” divorce state. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce.
The only reason for divorce in Michigan is that “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.” This means there has been a serious, permanent, marital breakdown. It means it is very unlikely you and your spouse can work things out.