This toolkit tells you about divorce when you have experienced domestic violence. This toolkit is for you if you and your spouse have minor children. Domestic violence in a relationship can impact a divorce. Domestic violence can be worst when a relationship ends. If your spouse has abused you, you may want to be safe and separate from your spouse before starting a divorce. If you need help with this, call a domestic violence shelter or agency. Consider talking to a lawyer before representing yourself in a divorce. If you cannot afford a lawyer, your local legal aid office may be able to help you.
For information about domestic violence and divorce, read the Articles. Read the Common Questions if you have a specific question. If you want to file for divorce, if your spouse has filed for divorce, or if you need other related forms, use one of the Forms links to prepare your forms. To read Checklists with step-by-step instructions for getting divorced, go to the I Need a Divorce and I Have Children toolkit or the My Spouse Filed for Divorce, and We Have Minor Children toolkit. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
It depends. There is a 60 day waiting period if:
- There were no children born during your marriage and
- Neither you nor your spouse is pregnant
There is a six month waiting period if:
- There were children born during your marriage or
- You are pregnant or your spouse is pregnant
The waiting period starts when you file for divorce. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. In a divorce with children, the judge can waive part of the waiting period if your case involves unusual hardship or a compelling need to shorten the waiting period. The judge cannot make the total waiting period less than 60 days. To learn more, read Introduction to Divorce with Minor Children.
The waiting period is the minimum time your divorce will take. If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced.
Yes. Domestic violence is serious. It is one of 12 factors the judge must consider when making custody and parenting time decisions. However, the judge might not necessarily give special weight to the domestic violence factor.
If your child's other parent has abused you, it may be a good idea to hire a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not, use the Guide to Legal Help to find lawyers and legal services in your area.
It could. Michigan is a “no fault” divorce state, which means you don’t have to prove your spouse did something wrong to get a divorce. But the judge can consider fault to decide how to divide your property and debt.