HOUSE BILL No. 5990 July 2, 1998, Introduced by Reps. Griffin, Voorhees, Whyman, Llewellyn, Perricone, Geiger, Sikkema, Bodem, Brackenridge, McNutt, DeVuyst, Callahan, Lowe, Jansen, Horton, Law, Nye, Walberg, Kukuk, Green, Rocca, Sanborn, Jellema, Fitzgerald, Jelinek, Birkholz, Baade, Dalman, McManus, Gernaat, Varga, Harder, McBryde, Raczkowski and Scranton and referred to the Committee on Judiciary. A bill to amend 1846 RS 84, entitled "Of divorce," by amending sections 6 and 7 (MCL 552.6 and 552.7) and by adding sections 7a, 7b, and 51. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) A complaint for divorce may be filed in the 2 circuit court upon the allegation that there has been a breakdown 3 of the marriage relationship to the extent that the objects of 4 matrimony have been destroyed and there remains no reasonable 5 likelihood that the marriage can be preserved. In the complaint 6 the plaintiff shall make no other explanation of the grounds for 7 divorce than by the use of the statutory language. 8 (2) The defendant, by answer, may either admit the grounds 9 for divorce alleged or deny them without further explanation. An 10 admission by the defendant of the grounds for divorce may be 04368'97 TMV 2 1 considered by the court but is not binding on the court's 2 determination. 3 (3) The court shall enter a judgment dissolving the bonds of 4 matrimony if evidence is presented in open court that there has 5 been a breakdown in the marriage relationship to the extent that 6 the objects of matrimony have been destroyed and there remains no 7 reasonable likelihood that the marriage can be preserved. 8 (4) THIS SECTION DOES NOT APPLY TO A COVENANT MARRIAGE. 9 Sec. 7. (1) An action for separate maintenance may be filed 10 in the circuit court in the same manner and on the same grounds 11 as an action for divorce. In the complaint, the plaintiff shall 12 make no other explanation of the grounds for separate maintenance 13 than by use of the statutory language. 14 (2) The defendant, by answer, may either admit the grounds 15 for separate maintenance alleged or deny them without further 16 explanation. An admission by the defendant of the grounds for 17 separate maintenance may be considered by the court but is not 18 binding on the court's determination. The defendant may also 19 file a counterclaim for divorce. 20 (3) If the defendant files a counterclaim for divorce, the 21 allegation contained in the plaintiff's complaint as to the 22 grounds for separate maintenance may be considered by the court 23 but is not binding on the court's determination. 24 (4) If evidence is presented in open court that there has 25 been a breakdown in the marriage relationship to the extent that 26 the objects of matrimony have been destroyed and there remains no 04368'97 3 1 reasonable likelihood that the marriage can be preserved, the 2 court shall enter: 3 (a) A judgment of separate maintenance if a counterclaim for 4 divorce has not been filed. 5 (b) A judgment dissolving the bonds of matrimony if a coun- 6 terclaim for divorce has been filed. 7 (5) THIS SECTION DOES NOT APPLY TO A COVENANT MARRIAGE. 8 SEC. 7A. (1) THIS SECTION APPLIES ONLY TO A COVENANT 9 MARRIAGE. 10 (2) A COMPLAINT FOR DIVORCE MAY BE FILED IN THE CIRCUIT 11 COURT. IN THE COMPLAINT, THE PLAINTIFF SHALL MAKE NO OTHER 12 EXPLANATION OF THE GROUNDS FOR DIVORCE THAN BY THE USE OF THE 13 APPLICABLE LANGUAGE OF SUBSECTION (4). 14 (3) THE DEFENDANT, BY ANSWER, MAY EITHER ADMIT THE GROUNDS 15 FOR DIVORCE ALLEGED OR DENY THEM WITHOUT FURTHER EXPLANATION. AN 16 ADMISSION BY THE DEFENDANT OF THE GROUNDS FOR DIVORCE MAY BE CON- 17 SIDERED BY THE COURT BUT IS NOT BINDING ON THE COURT'S 18 DETERMINATION. 19 (4) THE COURT SHALL ENTER A JUDGMENT DISSOLVING THE BONDS OF 20 MATRIMONY IF THE COURT FINDS THAT THE PLAINTIFF AND DEFENDANT 21 HAVE RECEIVED JOINT OR INDIVIDUAL MARRIAGE COUNSELING FROM A MIN- 22 ISTER OR MARRIAGE AND FAMILY THERAPIST AND THAT 1 OR MORE OF THE 23 FOLLOWING APPLY: 24 (A) THE DEFENDANT HAS COMMITTED ADULTERY. 25 (B) THE DEFENDANT HAS COMMITTED A FELONY AND HAS BEEN SEN- 26 TENCED TO IMPRISONMENT FOR NOT LESS THAN 5 YEARS. 04368'97 4 1 (C) THE DEFENDANT ABANDONED THE MATRIMONIAL DOMICILE NOT 2 LESS THAN 1 YEAR BEFORE THE COMPLAINT WAS FILED, WAS REQUESTED BY 3 THE PLAINTIFF DURING THAT PERIOD TO RETURN TO THE MATRIMONIAL 4 DOMICILE, AND DID NOT AT ANY TIME DURING THAT PERIOD RETURN TO 5 THE MATRIMONIAL DOMICILE. 6 (D) THE DEFENDANT HAS PHYSICALLY OR SEXUALLY ABUSED THE 7 PLAINTIFF OR A CHILD OF 1 OR BOTH OF THE SPOUSES. 8 (E) THE SPOUSES BY MUTUAL CONSENT HAVE BEEN LIVING SEPARATE 9 AND APART CONTINUOUSLY WITHOUT RECONCILIATION FOR NOT LESS THAN 2 10 YEARS. 11 (F) IF THERE ARE NO MINOR CHILDREN OF THE MARRIAGE, THE 12 SPOUSES BY MUTUAL CONSENT HAVE BEEN LIVING SEPARATE AND APART 13 CONTINUOUSLY WITHOUT RECONCILIATION FOR NOT LESS THAN 1 YEAR 14 AFTER ENTRY OF A JUDGMENT FOR SEPARATE MAINTENANCE. 15 (G) IF THERE IS A MINOR CHILD OF THE MARRIAGE, THE SPOUSES 16 BY MUTUAL CONSENT HAVE BEEN LIVING SEPARATE AND APART CONTINU- 17 OUSLY WITHOUT RECONCILIATION FOR NOT LESS THAN 1 YEAR AFTER ENTRY 18 OF A JUDGMENT OF SEPARATE MAINTENANCE. 19 (H) IF A JUDGMENT OF SEPARATE MAINTENANCE HAS BEEN ENTERED 20 BASED ON ABUSE OF A CHILD OF 1 OR BOTH OF THE SPOUSES, THE 21 SPOUSES BY MUTUAL CONSENT HAVE BEEN LIVING SEPARATE AND APART 22 CONTINUOUSLY WITHOUT RECONCILIATION FOR NOT LESS THAN 1 YEAR 23 AFTER ENTRY OF THE JUDGMENT OF SEPARATE MAINTENANCE. 24 SEC. 7B. (1) THIS SECTION APPLIES ONLY TO A COVENANT 25 MARRIAGE. 26 (2) AN ACTION FOR SEPARATE MAINTENANCE MAY BE FILED IN THE 27 CIRCUIT COURT IN THE SAME MANNER AND ON THE SAME GROUNDS AS AN 04368'97 5 1 ACTION FOR DIVORCE UNDER SECTION 7A(4)(A) TO (E). IN THE 2 COMPLAINT, THE PLAINTIFF SHALL MAKE NO OTHER EXPLANATION OF THE 3 GROUNDS FOR SEPARATE MAINTENANCE THAN BY USE OF THE APPLICABLE 4 LANGUAGE OF SECTION 7A(4)(A) TO (E). 5 (3) THE DEFENDANT, BY ANSWER, MAY EITHER ADMIT THE GROUNDS 6 FOR SEPARATE MAINTENANCE ALLEGED OR DENY THEM WITHOUT FURTHER 7 EXPLANATION. AN ADMISSION BY THE DEFENDANT OF THE GROUNDS FOR 8 SEPARATE MAINTENANCE MAY BE CONSIDERED BY THE COURT BUT IS NOT 9 BINDING ON THE COURT'S DETERMINATION. THE DEFENDANT MAY ALSO 10 FILE A COUNTERCLAIM FOR DIVORCE. 11 (4) IF THE DEFENDANT FILES A COUNTERCLAIM FOR DIVORCE, THE 12 ALLEGATION CONTAINED IN THE PLAINTIFF'S COMPLAINT AS TO THE 13 GROUNDS FOR SEPARATE MAINTENANCE MAY BE CONSIDERED BY THE COURT 14 BUT IS NOT BINDING ON THE COURT'S DETERMINATION. 15 (5) THE COURT SHALL ENTER AN ORDER UNDER SUBSECTION (6) IF 16 THE COURT FINDS THAT THE PLAINTIFF HAS RECEIVED MARRIAGE COUNSEL- 17 ING FROM A MINISTER OR MARRIAGE AND FAMILY THERAPIST AND THAT 1 18 OR MORE OF THE FOLLOWING APPLY: 19 (A) THE DEFENDANT HAS COMMITTED ADULTERY. 20 (B) THE DEFENDANT HAS COMMITTED A FELONY AND HAS BEEN SEN- 21 TENCED TO IMPRISONMENT FOR NOT LESS THAN 5 YEARS. 22 (C) THE DEFENDANT ABANDONED THE MATRIMONIAL DOMICILE NOT 23 LESS THAN 1 YEAR BEFORE THE COMPLAINT WAS FILED, WAS REQUESTED BY 24 THE PLAINTIFF DURING THAT PERIOD TO RETURN TO THE MATRIMONIAL 25 DOMICILE, AND DID NOT AT ANY TIME DURING THAT PERIOD RETURN TO 26 THE MATRIMONIAL DOMICILE. 04368'97 6 1 (D) THE DEFENDANT HAS PHYSICALLY OR SEXUALLY ABUSED THE 2 PLAINTIFF OR A CHILD OF 1 OR BOTH OF THE SPOUSES. 3 (E) THE SPOUSES BY MUTUAL CONSENT HAVE BEEN LIVING SEPARATE 4 AND APART CONTINUOUSLY WITHOUT RECONCILIATION FOR NOT LESS THAN 2 5 YEARS. 6 (F) THE SPOUSES' LIVING TOGETHER HAS BECOME UNSUPPORTABLE 7 BECAUSE THE DEFENDANT HABITUALLY ABUSES ALCOHOL OR DRUGS OR HAS 8 ENGAGED IN CRUEL AND OUTRAGEOUS CONDUCT TOWARD THE PLAINTIFF OR A 9 CHILD OF 1 OR BOTH OF THE SPOUSES. 10 (6) IF THE COURT MAKES THE FINDINGS SET FORTH IN SUBSECTION 11 (5), THE COURT SHALL ENTER 1 OF THE FOLLOWING: 12 (A) A JUDGMENT OF SEPARATE MAINTENANCE IF A COUNTERCLAIM FOR 13 DIVORCE HAS NOT BEEN FILED. 14 (B) A JUDGMENT DISSOLVING THE BONDS OF MATRIMONY IF A COUN- 15 TERCLAIM FOR DIVORCE HAS BEEN FILED AND THE REQUIREMENTS OF 16 SECTION 7A ARE MET. 17 (7) THE COURT SHALL NOT ENTER A JUDGMENT OF SUMMARY DISPOSI- 18 TION IN AN ACTION UNDER THIS SECTION. 19 SEC. 51. AS USED IN THIS ACT: 20 (A) "COVENANT MARRIAGE" MEANS A MARRIAGE CONTRACTED OR DES- 21 IGNATED AS A COVENANT MARRIAGE UNDER SECTION 3A OR 3E OF 1887 22 PA 128, MCL 551.103A AND 551.103E, RESPECTIVELY. 23 (B) "MARRIAGE AND FAMILY THERAPIST" AND "MINISTER" MEAN 24 THOSE TERMS AS DEFINED IN SECTION 1 OF 1887 PA 128, MCL 551.101. 25 Enacting section 1. This amendatory act does not take 26 effect unless Senate Bill No. __________ or House Bill 04368'97 7 1 No. __________ (request no. 04368'97 a) of the 89th Legislature 2 is enacted into law. 04368'97 Final page. TMV