February 19, 2008, Introduced by Reps. Sheen, Sheltrown, Shaffer, Hoogendyk, Stahl, Robertson, Wenke, Gaffney, Calley, Marleau, Meekhof, Stakoe, Opsommer and Dean and referred to the Committee on Judiciary.
A bill to amend 1846 RS 84, entitled
"Of divorce,"
by amending section 6 (MCL 552.6).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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. if either of the
following applies:
(a) The parties do not have a minor child and the wife is not
pregnant.
(b) The complaint for divorce or an attached paper contains a
statement signed by both parties stating that the parties agree
that the grounds for divorce described in this subsection exist.
(2) If subsection (1) does not apply, a complaint for divorce
may be filed in the circuit court alleging 1 or more of the
following grounds for divorce:
(a) The defendant has committed adultery.
(b) The defendant has been convicted of a felony and has been
sentenced to imprisonment for 5 years or more.
(c) The defendant abandoned the matrimonial domicile 1 year or
more before the complaint was filed and was requested by the
plaintiff during that period to return to the matrimonial domicile,
but did not do so.
(d) The defendant has physically or sexually abused the
plaintiff or a child of 1 or both of the parties.
(e) The parties by mutual consent have been living separate
and apart continuously without reconciliation for 2 years or more.
(f) A judgment of separate maintenance has been entered in an
action between the parties and the parties by mutual consent have
been living separate and apart continuously without reconciliation
for 18 months or more after entry of the judgment.
(3) A plaintiff shall not include in a complaint for divorce
an explanation of the grounds for divorce other than by the use of
the applicable statutory language.
(4) (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.
(5) (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. showing 1
of the following:
(a) If the complaint is filed under subsection (1), that, by a
preponderance of the evidence, grounds for divorce as described in
subsection (1) exist.
(b) If the complaint is filed under subsection (2), that, by
clear and convincing evidence, grounds for divorce as described in
subsection (2) exist.