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MI HB6083

Bill

Status

Introduced

12/9/2014

Primary Sponsor

Martin Howrylak

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • 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.

  • Requires use of statutory language only in divorce complaints, prohibiting plaintiffs from providing additional explanations of grounds for divorce.

  • 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).

  • 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.

  • 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

Committee Referrals

Judiciary12/9/2014

Full Bill Text

No bill text available