The Michigan divorce statutory waiting period
The statutory waiting period for a Michigan divorce is dictated by statute.
The Law – Michigan Compiled Laws 552.9f (MCL 552.9f)
The statutory waiting period for a Michigan divorce is found in Michigan Compiled Laws 552.9f. MCL 552.9f provides that a Michigan divorce without a minor child must wait until “ . . . the expiration of 60 days from the time of filing the bill of complaint . . .” before the divorce can be granted.
The same statute, MCL 552.9f provides that a Michigan divorce with a minor child (under the age of 18) a divorce cannot take place “until the expiration of 6 months from the day the bill of complaint is filed.”
In simple terms, the statutory waiting period for a divorce in Michigan without a minor child is 60 days and the statutory waiting period for a divorce with a minor child is 6 months.
Exceptions to the statutory waiting period for a Michigan divorce
The statutory waiting period for a divorce in Michigan without a minor child has a very limited exception for cases of desertion. This exception is virtually never utilized.
The statutory waiting period for a divorce in Michigan with a minor child has a much broader exception. The statutory waiting period statute provides that: “In cases of unusual hardship or such compelling necessity as shall appeal to the conscience of the court, upon petition and proper showing, [a court] may take testimony at any time after the expiration of 60 days from the time of filing the bill of complaint.”
In many circumstances a court will waive the 6 month statutory waiting period for a divorce in Michigan with a minor child. Many judges (but not all) will liberally apply the “unusual hardship or such compelling necessity” exception to the statutory waiting period for a Michigan divorce with a minor child. If so, these cases can completed after 60 days and before 6 months from the filing of the complaint for divorce.
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By: Daniel Findling
How do I petition to have the last four months waived for michigan divorce with minors?
Depending on the Judge you either have to ask via a formal motion or when you are at court informally. The request is to waive the statutory waiting period. – Daniel