HOUSE BILL No. 6083

 

December 9, 2014, Introduced by Reps. Howrylak, McBroom, Hooker, Kurtz and Haveman 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.