re. to Moroccan husband of mine cheating

Submitted by gail (Canada), Oct 10, 2012 at 23:32

Michigan Divorce Basics

Residency Requirement:

To file for Divorce in Michigan, one of the spouses must have resided in the state for 180 days prior, and in the county where the action will be filed for 10 days immediately before filing, with the following exception. A person may file a Complaint for Divorce in any county in Michigan without fulfilling the 10-day requirement if all of the following criteria apply:

• The Defendant, non-filing spouse, was born in, or is a citizen of, a country other than the U.S.;
• The parties to the divorce action have a minor child(ren);
• There is information that would allow the court to reasonably conclude that the minor child(ren) are at risk of being taken out of the U.S. and retained in another country by the Defendant.

The Plaintiff, filing spouse, may file a Complaint for Divorce in the family division of the circuit court. The Defendant may file an Answer admitting the grounds for divorce or denying them without further explanation.

If the Defendant did not live in Michigan either when the Complaint for Divorce was filed or when the cause for divorce alleged in the Petition arose, in order for the court to issue a divorce decree, one of the following circumstances must occur:

• The Defendant shall have been brought in by publication;
• The Defendant shall have been personally served with process, or with a copy of the order for appearance and publication within Michigan or elsewhere; or
• The Defendant has voluntarily appeared in the action or proceeding.

Whenever any such order is served outside the state, proof of this service shall be made by the affidavit of the person who served the Defendant, made before a notary public, and shall have the certificate of the clerk of a court of record attached, certifying to the official character of the notary and the genuineness of his/her signature to the jurat of the affidavit.

Waiting Period:

If there are no minor children, there is a 60-day waiting period before a divorce can be granted. When there are minor children, the waiting period is generally six months. These cases may be referred to the friend of the court office for evaluation and recommendations regarding child support, custody, and parenting time.

I hope this helps, good luck

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