House Introduced Bill 5168

HOUSE BILL No. 5168

October 9, 2001, Introduced by Reps. Voorhees, Vander Veen, Ehardt, Bradstreet, Kooiman, Hager, Birkholz, Kuipers, Gosselin, Pappageorge,
DeWeese, Hummel and Jansen and referred to the Committee on Civil Law and the Judiciary.

A bill to amend 1846 RS 84, entitled

"Of divorce,"

by amending sections 6, 7, 13, and 19 (MCL 552.6, 552.7, 552.13,

and 552.19) and by adding sections 5, 5a, and 8.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
SEC. 5. (1) A SWORN STATEMENT OF CONSENT TO DIVORCE OR A

2
COMPLAINT FOR DIVORCE UNDER SECTION 6 OR 7 SHALL ONLY BE FILED IN

3
1 OF THE FOLLOWING VENUES:

4
(A) THE COUNTY WHERE THE PARTIES TO THE MARRIAGE MOST

5
RECENTLY COHABITED.

6
(B) IF THE PLACE WHERE THE PARTIES MOST RECENTLY COHABITED

7
IS NOT LOCATED WITHIN THIS STATE, THE COUNTY WHERE EITHER PARTY

8
RESIDES FOR LONGER THAN 180 DAYS.

00001'01 * GWH 2

1
(C) IF BOTH PARTIES ARE A MINOR CHILD'S PARENTS, THE COUNTY

2
WHERE A PARTY TO THE MARRIAGE RESIDES WITH THE MINOR CHILD FOR

3
LONGER THAN 180 DAYS.

4
(D) IF THE FILING IS A COMPLAINT UNDER SECTION 7, THE COUNTY

5
WHERE EITHER PARTY RESIDES.

6
(2) IF A COMPLAINT IS NOT FILED AS REQUIRED BY SUBSECTION

7
(1), THE COURT SHALL NOT ISSUE A JUDGMENT OF DIVORCE UNLESS GOOD

8
CAUSE IS SHOWN ON THE RECORD FOR NOT COMPLYING WITH SUBSECTION

9
(1). THE REQUIREMENTS PRESCRIBED BY SUBSECTION (1) ARE IN ADDI-

10
TION TO AND NOT INSTEAD OF OTHER RESIDENCY REQUIREMENTS PRE-

11
SCRIBED BY THIS ACT OR OTHER LAW.

12
SEC. 5A. (1) WITHIN 28 DAYS AFTER SERVICE OF THE DEFENDANT

13
IN AN ACTION FOR DIVORCE, OR AN EXTENSION OF THAT TIME PERIOD

14
GRANTED BY THE COURT FOR GOOD CAUSE, EACH PARTY TO THE DIVORCE

15
ACTION SHALL FILE WITH THE COURT A SWORN STATEMENT THAT IDENTI-

16
FIES THE PARTY'S PLACE OF EMPLOYMENT AND OTHER SOURCES OF INCOME,

17
AND THAT LISTS THE ASSETS AND LIABILITIES OF THE PARTIES TO THE

18
MARRIAGE. THE COURT SHALL NOT RELEASE THE SWORN STATEMENTS

19
REQUIRED UNDER THIS SECTION UNTIL AFTER BOTH PARTIES HAVE FILED

20
THOSE SWORN STATEMENTS. THE COURT SHALL ATTEMPT TO RELEASE THE

21
SWORN STATEMENTS TO THE OPPOSITE PARTIES AT APPROXIMATELY THE

22
SAME TIME.

23
(2) A SWORN STATEMENT REQUIRED UNDER THIS SECTION SHALL LIST

24
AT LEAST ALL OF THE FOLLOWING ASSETS:

25
(A) REAL PROPERTY.

26
(B) CHECKING AND SAVINGS ACCOUNT BALANCES, REGARDLESS OF THE

27
FORM IN WHICH THE MONEY IS HELD.

00001'01 * 3

1
(C) STOCKS AND BONDS.

2
(D) INCOME TAX REFUNDS DUE THE PARTIES.

3
(E) LIFE INSURANCE.

4
(F) LOANS HELD AS A CREDITOR OR MONEY OWED TO THE PARTIES IN

5
WHATEVER FORM.

6
(G) RETIREMENT FUNDS AND PENSION BENEFITS.

7
(H) PROFESSIONAL LICENSES.

8
(I) MOTOR VEHICLES, BOATS, MOBILE HOMES, OR ANY OTHER TYPE

9
OF VEHICLE INCLUDING UNTITLED VEHICLES.

10
(J) EXTRAORDINARY TOOLS OF A TRADE.

11
(K) CEMETERY LOTS.

12
(l) OTHER ASSETS IN WHATEVER FORM.

13
(3) A SWORN STATEMENT REQUIRED UNDER THIS SECTION SHALL LIST

14
AT LEAST ALL OF THE FOLLOWING LIABILITIES:

15
(A) SECURED AND UNSECURED CREDITS.

16
(B) TAXES.

17
(C) RENTS AND SECURITY DEPOSITS.

18
(D) ALL OTHER LIABILITIES IN WHATEVER FORM.

19
(4) IF THE LIST OF LIABILITIES REQUIRED BY SUBSECTION (3)

20
INCLUDES MAJOR DEBT FOR WHICH THE PARTIES ARE JOINTLY LIABLE,

21
SUCH AS A HOME MORTGAGE OR CREDIT CARD DEBT, THE PARTIES SHALL

22
FILE AN AGREED-UPON DEBT RETIREMENT PLAN, OR IF THE PARTIES

23
CANNOT AGREE ON A PLAN, EACH SHALL FILE A PROPOSED DEBT RETIRE-

24
MENT PLAN.

25
(5) EACH PARTY TO THE DIVORCE ACTION IS UNDER A CONTINUING

26
DUTY TO SUPPLEMENT HIS OR HER ASSETS AND LIABILITIES SWORN

27
STATEMENT IF THERE IS A NEWLY DISCOVERED ASSET OR LIABILITY. IF

00001'01 * 4

1
A PARTY DISCOVERS AN ASSET THAT THE OTHER PARTY WAS AWARE OF AND

2
FAILED TO LIST, THE COURT SHALL AWARD ATTORNEY FEES AND OTHER

3
COSTS OR EXPENSES INCURRED BY THAT PARTY AS A RESULT OF THE

4
NONDISCLOSURE.

5
Sec. 6. (1) A complaint for divorce may be filed in the

6
circuit court upon the allegation that there has been a breakdown

7
of the marriage relationship to the extent that the objects of

8
matrimony have been destroyed and there remains no reasonable

9
likelihood that the marriage can be preserved. In the complaint

10
the plaintiff shall make no other explanation of the grounds for

11
divorce than by the use of the statutory language. UNDER 1 OF

12
THE ALTERNATIVES DESCRIBED IN SUBSECTION (2) OR (3).

13
(2) The defendant, by answer, may either admit the grounds

14
for divorce alleged or deny them without further explanation. An

15
admission by the defendant of the grounds for divorce may be con-

16
sidered by the court but is not binding on the court's

17
determination.

18
(3) The court shall enter a judgment dissolving the bonds of

19
matrimony if evidence is presented in open court that there has

20
been a breakdown in the marriage relationship to the extent that

21
the objects of matrimony have been destroyed and there remains no

22
reasonable likelihood that the marriage can be preserved.

23
(2) IF BOTH PARTIES TO A MARRIAGE VOLUNTARILY CONSENT THAT

24
THERE HAS BEEN A BREAKDOWN OF THE MARRIAGE RELATIONSHIP TO THE

25
EXTENT THAT THE OBJECTS OF MATRIMONY HAVE BEEN DESTROYED AND

26
THERE REMAINS NO LIKELIHOOD THAT THE MARRIAGE CAN BE PRESERVED,

27
THE PARTIES SHALL FILE A SWORN STATEMENT OF CONSENT TO DIVORCE

00001'01 * 5

1
STATING THAT BOTH PARTIES VOLUNTARILY CONSENT TO THE DIVORCE. IN

2
THE SWORN STATEMENT, THE PARTIES SHALL MAKE NO OTHER EXPLANATION

3
OF THE GROUNDS FOR DIVORCE THAN BY THE USE OF THE STATUTORY

4
LANGUAGE. THE COURT SHALL ENTER A JUDGMENT OF DIVORCE IF THE

5
COURT FINDS THAT BOTH PARTIES TO THE MARRIAGE VOLUNTARILY CONSENT

6
TO THE DIVORCE AND HAVE COMPLIED WITH THE OTHER PROVISIONS OF

7
THIS ACT.

8
(3) IF EITHER PARTY TO A MARRIAGE DOES NOT CONSENT TO A

9
DIVORCE, A PARTY TO THE MARRIAGE FILING A COMPLAINT FOR DIVORCE

10
SHALL FILE AS PLAINTIFF. THE COURT SHALL ENTER A JUDGMENT OF

11
DIVORCE UPON THE OCCURRENCE OF 1 OR MORE OF THE FOLLOWING:

12
(A) THE COURT FINDS THAT A PREPONDERANCE OF THE EVIDENCE

13
SHOWS THAT THE CONDUCT OF THE DEFENDANT HAS LED TO A BREAKDOWN IN

14
THE MARRIAGE RELATIONSHIP TO THE EXTENT THAT THE OBJECTS OF MAT-

15
RIMONY HAVE BEEN DESTROYED AND THERE REMAINS NO REASONABLE LIKE-

16
LIHOOD THAT THE MARRIAGE CAN BE PRESERVED. IN MAKING THIS DETER-

17
MINATION, THE COURT SHALL CONSIDER THE AMOUNT OF TIME THAT HAS

18
PASSED SINCE THE OCCURRENCE OF THE CONDUCT UPON WHICH THE COM-

19
PLAINT FOR DIVORCE IS BASED.

20
(B) THE COURT FINDS THAT THERE IS A BREAKDOWN IN THE MAR-

21
RIAGE RELATIONSHIP TO THE EXTENT THAT THE OBJECTS OF MATRIMONY

22
HAVE BEEN DESTROYED, THAT THERE REMAINS NO REASONABLE LIKELIHOOD

23
THAT THE MARRIAGE CAN BE PRESERVED, AND THAT NOT GRANTING A

24
DIVORCE WOULD LIKELY CAUSE HARM TO A MINOR CHILD WHO RESIDES IN

25
THE HOME OF 1 OF THE PARTIES. FOR PURPOSES OF DETERMINING HARM

26
UNDER THIS SUBSECTION, THE COURT SHALL CONSIDER, EVALUATE, AND

27
DETERMINE THE SUM TOTAL OF THE FOLLOWING FACTORS:

00001'01 * 6

1
(i) THE LIKELY EMOTIONAL, MENTAL, AND PHYSICAL HEALTH OF THE

2
CHILD.

3
(ii) THE LIKELY IMPACT ON THE FINANCIAL STATUS OF THE

4
CHILD.

5
(iii) THE LIKELY EDUCATIONAL ATTAINMENT OF THE CHILD.

6
(iv) THE CAPACITY AND DISPOSITION OF THE PARENTS TO PROVIDE

7
LOVE, AFFECTION, GUIDANCE, AND CONTINUATION OF THE EDUCATING AND

8
RAISING OF THE CHILD IN HIS OR HER RELIGION OR CREED, IF ANY.

9
(v) ANY OTHER FACTOR FOUND BY THE COURT TO BE RELEVANT TO

10
THE DISSOLUTION OF THE MARRIAGE AND THE WELL-BEING OF THE CHILD.

11
(C) THE PLAINTIFF REQUESTS THE COURT TO GRANT A DIVORCE THAT

12
IS LABELED A "NONCONSENSUAL DIVORCE GRANTED WITHOUT GOOD CAUSE".

13
(4) IF A COMPLAINT IS FILED UNDER SUBSECTION (3), THE

14
DEFENDANT IN THE RESPONSIVE PLEADING MAY ADMIT ALLEGED CONDUCT,

15
DENY CONDUCT WITHOUT FURTHER EXPLANATION, OR COUNTERCLAIM BASED

16
ON CONDUCT OF THE PLAINTIFF. A DEFENDANT'S ADMISSION OF ALLEGED

17
CONDUCT IS AN ADMISSION OF DESTROYING THE OBJECTS OF MATRIMONY

18
AND IS NOT A VOLUNTARY CONSENT TO THE DIVORCE. THE COURT MAY

19
CONSIDER AN ADMISSION BY THE DEFENDANT AS PROOF OF THE PARTICULAR

20
CONDUCT ADMITTED TO, BUT IS NOT BOUND BY IT.

21
(5) IF THE COURT MAKES A FINDING UNDER SUBSECTION (3) OR

22
GRANTS A DIVORCE UNDER SUBSECTION (4), THE COURT SHALL CONSIDER

23
THE FINDING OR GRANT OF THE DIVORCE IN ORDERING SPOUSAL SUPPORT

24
AS PROVIDED IN SECTION 13 AND IN THE DIVISION OF PROPERTY AS PRO-

25
VIDED IN SECTION 19.

26
Sec. 7. (1) An EITHER PARTY TO A MARRIAGE MAY FILE AN

27
action for separate maintenance may be filed in the circuit

00001'01 * 7

1
court in the COUNTY WHERE EITHER PARTY RESIDES. same manner and

2
on the same grounds as an action for divorce. In the complaint

3
the plaintiff shall make no other explanation of the grounds for

4
separate maintenance than by use of the statutory language.

5
(2) 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
(3) 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
(4) If evidence is presented in open court that there has

16
been a breakdown in the marriage relationship to the extent that

17
the objects of matrimony have been destroyed and there remains no

18
reasonable likelihood that the marriage can be preserved, the

19
court shall enter:

20
(a) A judgment of separate maintenance if a counterclaim for

21
divorce has not been filed.

22
(b) A judgment dissolving the bonds of matrimony if a coun-

23
terclaim for divorce has been filed.

24
(2) UPON THE FILING OF AN ACTION UNDER SUBSECTION (1), THE

25
COURT SHALL ENTER A JUDGMENT OF SEPARATE MAINTENANCE. THE JUDG-

26
MENT SHALL INCLUDE A NOTICE STATING THAT, IF THE JUDGMENT REMAINS

27
IN EFFECT FOR LONGER THAN 3 YEARS, EITHER PARTY, WITHOUT THE

00001'01 * 8

1
CONSENT OF THE OTHER PARTY, MAY FILE A COMPLAINT FOR DIVORCE, AND

2
THE DIVORCE WILL BE GRANTED WITHOUT AN ALLEGATION OR PROOF OF

3
CONDUCT DESCRIBED IN SECTION 6.

4
(3) AT ANY TIME AFTER THE ENTRY OF A JUDGMENT OF SEPARATE

5
MAINTENANCE, THE PARTIES TO THE MARRIAGE MAY FILE A SWORN STATE-

6
MENT STATING THAT BOTH PARTIES TO THE MARRIAGE WISH THE COURT TO

7
VOID THE JUDGMENT OF SEPARATE MAINTENANCE. UPON THE FILING OF

8
THE SWORN STATEMENT, THE COURT SHALL VOID THE JUDGMENT OF SEPA-

9
RATE MAINTENANCE, AND THE JUDGMENT AND ORDERS BASED UPON THAT

10
JUDGMENT ARE NO LONGER IN EFFECT.

11
(4) A PARTY TO A MARRIAGE MAY FILE A COMPLAINT FOR DIVORCE

12
IF THE PARTIES TO THE MARRIAGE ARE SUBJECT TO A JUDGMENT OF SEPA-

13
RATE MAINTENANCE THAT IS IN EFFECT AND THAT WAS ENTERED LONGER

14
THAN 3 YEARS BEFORE THE FILING. THE COURT SHALL ENTER A JUDGMENT

15
OF DIVORCE IF THE COURT FINDS THAT THE MARRIAGE IS SUBJECT TO A

16
JUDGMENT OF SEPARATE MAINTENANCE THAT WAS ENTERED LONGER THAN 3

17
YEARS BEFORE THE FILING OF THE COMPLAINT FOR DIVORCE.

18
SEC. 8. (1) IN AN ACTION UNDER THIS ACT, THE COURT SHALL

19
NOT ISSUE AN EX PARTE ORDER UNLESS THE ORDER RELATES TO 1 OR MORE

20
OF THE FOLLOWING:

21
(A) PHYSICAL ABUSE OF A PARTY OR OF A CHILD INVOLVED IN THE

22
ACTION.

23
(B) DISPOSAL OR ALTERATION OF AN ASSET INVOLVED IN THE

24
ACTION.

25
(C) A PERSONAL PROTECTION ORDER AS PROVIDED IN SECTION 2950

26
OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL

27
600.2950.

00001'01 * 9

1
(2) A PARTY TO AN ACTION FOR DIVORCE SHALL NOT DISPOSE OF OR

2
ALTER AN ASSET SUBJECT TO THE JURISDICTION OF THE COURT IN THE

3
DIVORCE ACTION UNLESS PERMITTED BY AN ORDER OF THE COURT OR BY

4
THE WRITTEN, VOLUNTARY CONSENT OF THE OTHER PARTY.

5
Sec. 13. (1) In every action brought , either for a

6
divorce or for a separation SEPARATE MAINTENANCE, AND SUBJECT

7
TO SUBSECTION (3), the court may require either party to pay

8
alimony SPOUSAL SUPPORT for the suitable maintenance of the

9
adverse party, to pay such sums as shall be deemed THE AMOUNT

10
CONSIDERED proper and necessary to conserve any real or per-

11
sonal property owned by the parties or either of them
PARTY,

12
and to pay any sums THE AMOUNT necessary to enable the adverse

13
party to carry on or defend the action, during its pendency.

14
It THE COURT may award costs against either party and award

15
execution for the same COSTS, or it may direct such THE
costs

16
to be paid out of any property sequestered, or in the power of

17
the court, or in the hands of a receiver.

18
(2) An award of alimony may be terminated by the court as

19
of the date the party receiving alimony remarries A PARTY

20
REQUIRED TO PAY SPOUSAL SUPPORT MAY PETITION THE COURT FOR MODI-

21
FICATION OR TERMINATION OF THAT OBLIGATION IF THE PARTY RECEIVING

22
THE SUPPORT REMARRIES OR COHABITS WITH AN INDIVIDUAL OF THE OPPO-

23
SITE SEX TO WHOM THAT PARTY IS NOT RELATED. THE COURT MAY GRANT

24
MODIFICATION OR TERMINATION UNDER EITHER OF THESE CIRCUMSTANCES

25
unless a contrary agreement is specifically stated in the judg-

26
ment of divorce. Termination of an award under this subsection

00001'01 * 10

1
shall DOES not affect alimony SPOUSAL SUPPORT payments
which

2
have accrued prior to THAT ACCRUE BEFORE that termination.

3
(3) IN ORDERING SPOUSAL SUPPORT, THE COURT SHALL CONSIDER A

4
FINDING OF CONDUCT DESCRIBED IN SECTION 6 IN AN ACTION FOR

5
DIVORCE AS WEIGHING SUBSTANTIALLY IN FAVOR OF A PARTY TO THE

6
ACTION WHO IS NOT FOUND TO HAVE ENGAGED IN CONDUCT DESCRIBED IN

7
SECTION 6.

8
Sec. 19. (1) Upon the annulment of a marriage, a divorce

9
from the bonds of matrimony, or a judgment of separate mainte-

10
nance, the court may make a further judgment for restoring to

11
either party the whole, or such THE parts as it shall deem

12
THE COURT CONSIDERS just and reasonable, of the real and personal

13
estate that shall have HAS come to either party by reason of

14
the marriage, or for awarding to either party the value thereof

15
OF THAT PROPERTY, to be paid by either party in money.

16
(2) IF A JUDGMENT OF DIVORCE IS BASED UPON PROOF OF CONDUCT

17
DESCRIBED IN SECTION 6, FOR A PROPERTY AWARD UNDER THIS SECTION,

18
THE COURT SHALL CONSIDER THE FINDING TO WEIGH SUBSTANTIALLY IN

19
FAVOR OF A PARTY TO THE JUDGMENT OF DIVORCE WHO IS NOT FOUND TO

20
HAVE ENGAGED IN CONDUCT DESCRIBED IN SECTION 6. A DIVISION OF

21
PROPERTY UNDER THIS SECTION THAT GRANTS AN OTHERWISE DISPROPOR-

22
TIONATE PORTION OF THE PROPERTY OR ITS VALUE TO THE PARTY WHO IS

23
NOT FOUND TO HAVE ENGAGED IN CONDUCT DESCRIBED IN SECTION 6 IS A

24
JUST AND REASONABLE DIVISION UNLESS THE COURT FINDS ON THE RECORD

25
THAT THE FACTS OF THE PARTICULAR CASE MAKE SUCH AN AWARD UNFAIR.

26
(3) THE COURT SHALL CONSIDER THE GRANTING OF A NONCONSENSUAL

27
DIVORCE GRANTED WITHOUT GOOD CAUSE UNDER SECTION 6 TO WEIGH

00001'01 * 11

1
SUBSTANTIALLY IN FAVOR OF THE DEFENDANT WHEN MAKING A PROPERTY

2
SETTLEMENT. A DIVISION OF PROPERTY IN A NONCONSENSUAL DIVORCE

3
GRANTED WITHOUT GOOD CAUSE THAT GRANTS AN OTHERWISE DISPROPOR-

4
TIONATE PORTION OF THE PROPERTY OR ITS VALUE TO THE DEFENDANT IS

5
A JUST AND REASONABLE DIVISION UNLESS THE COURT FINDS ON THE

6
RECORD THAT THE FACTS OF THE PARTICULAR CASE MAKE THE AWARD

7
UNFAIR.

00001'01 * Final page. GWH