Legal Question in Family Law in Michigan

Re: My husband is incarcerated and I want a divorce

I'm sorry to hear of your situation. You must have had a very, very difficult year and a half.

A divorce in Michigan can be accomplished by the action of one party. We are a "no-fault state" which means that you do not have to allege fault to obtain the divorce. Fault is, however, an element to consider in property damage.

I am assuming that you are located in Hillsdale County from the ZIP Code you provided.

Because children are involved, the divorce will not be granted until at least six months after you file. Your local Friend of the Court will have to be involved. I would suggest visiting their office and explaining your situation and getting help from them. The web site for the Hillsdale County Friend of the Court is: http://www.co.hillsdale.mi.us/foc/

If you go to the court office (First Judicial Circuit Court, Courthouse, 29 N. Howell, Hillsdale) they will provide you with the forms that you need. Just tell them that you want to proceed "pro per" in a divorce and they should have something for you.

You may want to consider talking to the local FIA (Family Independence Agency) office - sometimes, though not always, they can be very helpful in a situation such as yours.

One caution, though. If you have any real property (mainly real estate) or any personal property worth much you may want to contact an attorney with this question:

"In a divorce where the husband/defendant is incarcerated, is his share of the 'marital estate' subject to forfeiture by the State of Michigan for court costs, defense costs, or costs of incarceration?"

I personally have not faced that question and can't advise you on it.

Good luck to you and your kids.

Tom Weiss