Full question:
My husband has been acting weird for some time now and it has been disturbing me. He stakes out near my office, frequently calls me at work and checks on my social media accounts every half an hour. Lately, he has started accusing me of cheating on him with my boss. I have had it with him. Can I get a divorce on these grounds from a Michigan court?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: Michigan
Answer:
Michigan is a no-fault state. The only ground 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." Section 6 of the MCLS § 552 is the provision that enumerates this aspect. It states the following:MCLS § 552
“Sec. 6.
(1) A complaint for divorce may be filed in the circuit court upon the allegation 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. In the complaint the plaintiff shall make no other explanation of the grounds for divorce than by the use of the statutory language.
(2) The defendant, by answer, may either admit the grounds for divorce alleged or deny them without further explanation. An admission by the defendant of the grounds for divorce may be considered by the court but is not binding on the court's determination.
(3) The court shall enter a judgment dissolving the bonds of matrimony if evidence is presented in open court that there has been a breakdown in 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.”
The court may accept any of the following grounds as proof of the “'irretrievable breakdown”:
- Adultery
- Unreasonable behavior or extreme cruelty
- Desertion
- Separation without any possibility of reconciliation
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.