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MI HB6083
Bill
Status
12/9/2014
Primary Sponsor
Martin Howrylak
Click for details
AI Summary
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Creates two pathways for filing divorce complaints: simplified no-fault grounds when parties have no minor children and wife is not pregnant, or when both parties agree in writing that grounds exist.
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Requires use of statutory language only in divorce complaints, prohibiting plaintiffs from providing additional explanations of grounds for divorce.
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Establishes different evidentiary standards: preponderance of the evidence for simplified divorces under subsection (1), and clear and convincing evidence for fault-based grounds under subsection (2).
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Preserves traditional fault-based grounds for divorce including adultery, felony conviction with 5+ year sentence, abandonment for 1+ year, physical or sexual abuse, and mutual separation for 2+ years or separate maintenance with 18+ months separation.
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Allows defendants to admit or deny grounds for divorce by answer without explanation, though defendant admissions are not binding on the court's determination.
Legislative Description
Family law; marriage and divorce; grounds for divorce when minor children are involved; revise, and require higher burden of proof. Amends sec. 6 of 1846 RS 84 (MCL 552.6).
Family law, marriage and divorce
Last Action
Printed Bill Filed 12/10/2014
12/10/2014