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  1. #1
    Join Date
    May 2008
    Posts
    21

    Default When Does the 6 Month Count Begin

    I live in Michigan.

    My attorney's office won't be open till Tuesday, and I figured I'd ask here the specifics of when the 6 month countdown "officially" begins. I was under the assumption it started when I was served with divorce papers by my husband, but he told me the other day that he was certain the 6 months didn't start until we had our initial hearing.

    Also, we have a hearing that is to decide temporary custody as well as possible occupancy of the house next week. I assume that this is not the "initial" hearing since this is only to discuss temporary custody and occupation of the marital home?

    Thanks in advance for any comments.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When Does the 6 Month Count Begin

    It starts with the filing of the complaint.
    Quote Quoting MCL 552.9f Divorce; taking of testimony; minor children; perpetuating testimony; nonresident defendant, residence of plaintiff.
    No proofs or testimony shall be taken in any case for divorce until the expiration of 60 days from the time of filing the bill of complaint, except where the cause for divorce is desertion, or when the testimony is taken conditionally for the purpose of perpetuating such testimony. In every case where there are dependent minor children under the age of 18 years, no proofs or testimony shall be taken in such cases for divorce until the expiration of 6 months from the day the bill of complaint is filed. In cases of unusual hardship or such compelling necessity as shall appeal to the conscience of the court, upon petition and proper showing, it may take testimony at any time after the expiration of 60 days from the time of filing the bill of complaint. Testimony may be taken conditionally at any time for the purpose of perpetuating such testimony. When the defendant in any case for divorce is not domiciled in this state at the time of commencing the suit or shall not have been domiciled herein at the time the cause for divorce arose, before any decree of divorce shall be granted the complainant must prove that the parties have actually lived and cohabited together as husband and wife within this state, or that the complainant has in good faith resided in this state for 1 year immediately preceding the filing of the bill of complaint for divorce.

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