House Introduced Bill 5217

HOUSE BILL No. 5217

October 1, 1997, Introduced by Reps. Dalman, Nye, McBryde, Cropsey, Jelinek, Gernaat, Walberg, Goschka, Horton, Jansen and Raczkowski and referred to the Committee on 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 1a, 5, 5a, 5b, 5c, 6a, 6b, and

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 1A. AS USED IN THIS ACT:

2 (A) "DIVORCE EFFECTS PROGRAM" MEANS A PROGRAM DESCRIBED IN

3 SECTION 5.

4 (B) "EXTRAMARITAL SEXUAL ACTIVITY" INCLUDES, BUT IS NOT

5 LIMITED TO, AN ACT OF SEXUAL CONTACT OR SEXUAL PENETRATION THAT

6 IS VOLUNTARILY PERFORMED BY A PARTY TO THE MARRIAGE AND THAT HAS

7 AS ITS OBJECT AN INDIVIDUAL OTHER THAN THE PARTY'S SPOUSE.

8 (C) "SEXUAL CONTACT" AND "SEXUAL PENETRATION" MEAN THOSE

9 TERMS AS DEFINED IN SECTION 520A OF THE MICHIGAN PENAL CODE, 1931

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1 PA 328, MCL 750.520A, EXCEPT THAT THE OBJECT OF A SEXUAL CONTACT

2 MAY BE SOMEONE OTHER THAN A VICTIM.

3 SEC. 5. (1) IF THE PARTIES TO A MARRIAGE BOTH CONSENT TO A

4 DIVORCE, BEFORE FILING AN AFFIDAVIT FOR DIVORCE, THE PARTIES

5 SHALL COMPLETE, EITHER TOGETHER OR SEPARATELY, A DIVORCE EFFECTS

6 PROGRAM AS PROVIDED IN THIS SECTION. THIS SUBSECTION ONLY

7 APPLIES IF 1 OR MORE OF THE FOLLOWING ARE TRUE:

8 (A) THE PARTIES ARE A MINOR CHILD'S PARENTS.

9 (B) EITHER PARTY IS A MINOR CHILD'S PHYSICAL CUSTODIAN AT

10 THE TIME OF FILING THE AFFIDAVIT FOR DIVORCE.

11 (C) THE WIFE IS PREGNANT AND, AFTER THE CHILD IS BORN, THE

12 HUSBAND WOULD BE THE CHILD'S FATHER UNDER THE LAW. IF THE PREG-

13 NANCY IS DISCOVERED AFTER THE COMPLAINT IS FILED, BUT BEFORE

14 ENTRY OF THE JUDGMENT OF DIVORCE, THE COURT SHALL NOT ENTER THE

15 JUDGMENT UNTIL THE PARTIES COMPLY WITH THIS SECTION.

16 (2) PARTIES TO WHOM SUBSECTION (1) APPLIES SHALL COMPLETE A

17 DIVORCE EFFECTS PROGRAM COVERING AT LEAST ALL OF THE FOLLOWING

18 SUBJECTS RELATED TO ISSUES ABOUT THE FOLLOWING:

19 (A) A CHILD INVOLVED IN THE ACTION:

20 (i) DEVELOPMENTAL STAGES.

21 (ii) RESPONSES TO DIVORCE.

22 (iii) SYMPTOMS OF MALADJUSTMENT TO DIVORCE AND RESPONSES TO

23 MALADJUSTMENT.

24 (iv) EDUCATION OR COUNSELING OPTIONS FOR THE CHILD.

25 (B) PARTIES TO THE ACTION:

26 (i) COMMUNICATION SKILLS.

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1 (ii) CONFLICT RESOLUTION SKILLS.

2 (iii) EMOTIONAL ADJUSTMENT, FAMILY ADJUSTMENT, FINANCIAL

3 ADJUSTMENT, AND WORK ADJUSTMENT TECHNIQUES.

4 (iv) STRESS REDUCTION.

5 (v) PARALLEL AND COOPERATIVE PARENTING TECHNIQUES.

6 (vi) PARENTING PLAN GUIDELINES.

7 (vii) RECONCILIATION AND COUNSELING OPTIONS, AND REMARRIAGE

8 ISSUES.

9 (viii) SUBSTANCE ABUSE INFORMATION AND REFERRAL.

10 (C) COURT PROCEDURE AND PROCESS:

11 (i) DIVORCE LAW, INCLUDING COURT PROCEDURE.

12 (ii) LEGAL REPRESENTATION.

13 (iii) FRIEND OF THE COURT PROCEDURES.

14 (iv) ALTERNATIVE DISPUTE RESOLUTION OPTIONS.

15 (3) THE PROVIDER OF A DIVORCE EFFECTS PROGRAM SHALL ISSUE A

16 CERTIFICATE TO EACH INDIVIDUAL WHO COMPLETES THE PROGRAM INDICAT-

17 ING THAT COMPLETION.

18 (4) IF THE INDIVIDUAL CONDUCTING A PROGRAM DESCRIBED IN THIS

19 SECTION IS AN OFFICIAL REPRESENTATIVE OF A RELIGIOUS INSTITUTION

20 OR HIS OR HER DESIGNEE, THE PROGRAM MAY OMIT A SUBJECT LISTED IN

21 SUBSECTION (2) IF TRAINING, EDUCATION, OR COUNSELING ON THAT

22 SUBJECT WOULD VIOLATE A TENET OF THE RELIGIOUS INSTITUTION.

23 SEC. 5A. (1) A DIVORCE EFFECTS PROGRAM SHALL BE CONDUCTED

24 ONLY BY 1 OR MORE OF THE FOLLOWING:

25 (A) A LICENSED PROFESSIONAL COUNSELOR, LICENSED MARRIAGE AND

26 FAMILY THERAPIST, OR LICENSED OR LIMITED LICENSED PSYCHOLOGIST

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1 LICENSED AS PROVIDED IN ARTICLE 15 OF THE PUBLIC HEALTH CODE,

2 1978 PA 368, MCL 333.16101 TO 333.18838.

3 (B) A SOCIAL WORKER OR CERTIFIED SOCIAL WORKER MEETING THE

4 REQUIREMENTS OF AND REGISTERED UNDER, RESPECTIVELY, SECTION 1605

5 OR 1606 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.1605 AND

6 339.1606.

7 (C) A PSYCHIATRIST AS THAT TERM IS DEFINED IN SECTION 100C

8 OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1100C.

9 (D) AN OFFICIAL REPRESENTATIVE OF A RELIGIOUS INSTITUTION OR

10 HIS OR HER DESIGNEE.

11 (2) PAYMENT FOR A DIVORCE EFFECTS PROGRAM SHALL BE MADE

12 DIRECTLY TO THE PROGRAM PROVIDER. A PROGRAM PROVIDER SHALL PRO-

13 VIDE FOR A FEE SCHEDULE THAT ACCOMMODATES FAMILIES OF VARIOUS

14 FINANCIAL MEANS, INCLUDING ALLOWING PARTICIPATION BY INDIGENT

15 INDIVIDUALS FOR NO FEE.

16 SEC. 5B. (1) A COMPLAINT FOR DIVORCE UNDER SECTION 6, 6A,

17 OR 7 SHALL ONLY BE FILED IN 1 OF THE FOLLOWING:

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

19 RECENTLY COHABITED.

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

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

22 RESIDES FOR LONGER THAN 180 DAYS.

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

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

25 LONGER THAN 180 DAYS.

26 (D) IF THE COMPLAINT IS FILED UNDER SECTION 7, THE COUNTY

27 WHERE EITHER PARTY RESIDES.

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

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

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

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

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

6 SCRIBED BY THIS ACT OR OTHER LAW.

7 (3) A HEARING ON A COMPLAINT FOR DIVORCE SHALL NOT BE HELD

8 AND THE COURT SHALL ENTER A JUDGMENT OF DIVORCE IF THE PARTIES TO

9 THE MARRIAGE FILE AN AFFIDAVIT SUPPLIED BY THE COURT IN WHICH

10 AFFIDAVIT THE PARTIES ATTEST TO ALL OF THE FOLLOWING:

11 (A) BOTH PARTIES CONSENT TO THE DIVORCE.

12 (B) SECTION 5 DOES NOT APPLY TO THE PARTIES.

13 (C) THE TOTAL FAIR MARKET NET VALUE OF THE MARITAL PROPERTY

14 IS LESS THAN $5,000.00, AND THE PARTIES' COMBINED ANNUAL GROSS

15 INCOME IS LESS THAN $25,000.00.

16 SEC. 5C. (1) WITHIN 14 DAYS AFTER THE FILING OF A CONSENT

17 AFFIDAVIT OR COMPLAINT FOR DIVORCE, OR AN EXTENSION OF THAT TIME

18 PERIOD GRANTED BY THE COURT FOR GOOD CAUSE, EACH PARTY TO THE

19 DIVORCE ACTION SHALL FILE WITH THE COURT AN AFFIDAVIT THAT IDEN-

20 TIFIES THE PARTY'S PLACE OF EMPLOYMENT AND OTHER SOURCES OF

21 INCOME, AND THAT LISTS THE ASSETS AND LIABILITIES OF THE PARTIES

22 TO THE MARRIAGE. THE COURT SHALL NOT RELEASE THE AFFIDAVITS

23 REQUIRED UNDER THIS SECTION UNTIL AFTER BOTH PARTIES HAVE FILED

24 THOSE AFFIDAVITS. THE COURT SHALL ATTEMPT TO RELEASE THE AFFIDA-

25 VITS TO THE OPPOSITE PARTIES AT APPROXIMATELY THE SAME TIME.

26 (2) AN AFFIDAVIT REQUIRED UNDER THIS SECTION SHALL LIST AT

27 LEAST ALL OF THE FOLLOWING ASSETS:

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1 (A) REAL PROPERTY.

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

3 FORM IN WHICH THE MONEY IS HELD.

4 (C) STOCKS AND BONDS.

5 (D) INCOME TAX REFUNDS DUE THE PARTIES.

6 (E) LIFE INSURANCE.

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

8 WHATEVER FORM.

9 (G) RETIREMENT FUNDS AND PENSION BENEFITS.

10 (H) PROFESSIONAL LICENSES.

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

12 OF VEHICLE INCLUDING UNTITLED VEHICLES.

13 (J) EXTRAORDINARY TOOLS OF A TRADE.

14 (K) CEMETERY LOTS.

15 (l) OTHER ASSETS IN WHATEVER FORM.

16 (3) AN AFFIDAVIT REQUIRED UNDER THIS SECTION SHALL LIST AT

17 LEAST ALL OF THE FOLLOWING LIABILITIES:

18 (A) SECURED AND UNSECURED CREDITS.

19 (B) TAXES.

20 (C) RENTS AND SECURITY DEPOSITS.

21 (D) ALL OTHER LIABILITIES IN WHATEVER FORM.

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

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

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

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

26 CANNOT AGREE ON A PLAN, EACH SHALL FILE A PROPOSED DEBT

27 RETIREMENT PLAN.

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

2 DUTY TO SUPPLEMENT HIS OR HER ASSET AND LIABILITY AFFIDAVIT IF

3 THERE IS A NEWLY DISCOVERED ASSET OR LIABILITY. THE COURT SHALL

4 AWARD ATTORNEY FEES AND OTHER COSTS OR EXPENSES INCURRED BY A

5 PARTY TO DISCOVER AN ASSET THAT THE OTHER PARTY WAS AWARE OF AND

6 FAILED TO LIST.

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

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

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

10 matrimony have been destroyed and there remains no reasonable

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

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

13 divorce than by the use of the statutory language. IF BOTH PAR-

14 TIES TO A MARRIAGE VOLUNTARILY CONSENT TO A DIVORCE, THE PARTIES

15 SHALL FILE AN AFFIDAVIT STATING THAT BOTH PARTIES VOLUNTARILY

16 CONSENT TO THE DIVORCE. IF SECTION 5 APPLIES TO THE PARTIES, THE

17 CLERK SHALL NOT ACCEPT A CONSENT AFFIDAVIT UNLESS EACH PARTY

18 FILES A CERTIFICATE OR CERTIFICATES DEMONSTRATING COMPLIANCE WITH

19 SECTION 5. IF IT IS UNNECESSARY FOR A PARTY TO COMPLETE THE SUB-

20 STANCE ABUSE REQUIREMENT, THE PARTY SHALL FILE AN AFFIDAVIT STAT-

21 ING THAT THE SUBSTANCE ABUSE PROGRAM IS NOT NECESSARY FOR THAT

22 PARTY. WITH A CERTIFICATE DEMONSTRATING COMPLIANCE WITH SECTION

23 5, A PARTY SHALL FILE AN EVALUATION OF THE DIVORCE EFFECTS

24 PROGRAM.

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

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

27 admission by the defendant of the grounds for divorce may be

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1 considered by the court but is not binding on the court's

2 determination. THE COURT SHALL ENTER A JUDGMENT OF DIVORCE IF

3 THE COURT FINDS THAT BOTH PARTIES TO THE MARRIAGE VOLUNTARILY

4 CONSENT TO THE DIVORCE AND HAVE COMPLIED WITH THE OTHER PROVI-

5 SIONS OF THIS ACT. THIS SUBSECTION SHALL NOT BE CONSTRUED TO

6 PRECLUDE THE ENTRY OF A DIVORCE JUDGMENT AS PRESCRIBED UNDER SEC-

7 TION 5B(3).

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

9 of matrimony if evidence is presented in open court that there

10 has been a breakdown in the marriage relationship to the extent

11 that the objects of matrimony have been destroyed and there

12 remains no reasonable likelihood that the marriage can be

13 preserved. IF A COMPLAINT FOR DIVORCE WAS ORIGINALLY FILED UNDER

14 SECTION 6A AND, AFTER THE FILING, BOTH PARTIES CHOOSE TO VOLUN-

15 TARILY CONSENT TO THE DIVORCE, THE COURT SHALL PROCEED AS IF THE

16 ACTION WAS COMMENCED BY THE FILING OF A CONSENT AFFIDAVIT UNDER

17 SUBSECTION (1). THE COURT SHALL NOT, HOWEVER, ENTER A JUDGMENT

18 OF DIVORCE IF SECTION 5 WOULD HAVE APPLIED TO A CONSENT AFFIDAVIT

19 FILED BY THE PARTIES UNLESS THE PARTIES COMPLETE A DIVORCE

20 EFFECTS PROGRAM AS REQUIRED UNDER SECTION 5 AND FILE THE CONSENT

21 AFFIDAVIT AND CERTIFICATES REQUIRED UNDER SUBSECTION (1).

22 (4) IF PARTIES TO A MARRIAGE FILE CERTIFICATES DEMONSTRATING

23 COMPLIANCE WITH SECTION 5 IN A DIVORCE ACTION, WHICH ACTION DOES

24 NOT RESULT IN A JUDGMENT OF DIVORCE, THE PARTIES MAY COMPLY WITH

25 SUBSECTION (1) IN A SUBSEQUENT ACTION TO DISSOLVE THE SAME MAR-

26 RIAGE BY FILING THOSE SAME CERTIFICATES.

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1 SEC. 6A. (1) IF 1 OF THE PARTIES TO A MARRIAGE DOES NOT

2 CONSENT TO A DIVORCE, A PARTY TO THE MARRIAGE FILING FOR DIVORCE

3 AS PLAINTIFF SHALL ALLEGE IN THE COMPLAINT 1 OR MORE OF THE FOL-

4 LOWING REGARDING THE OTHER PARTY TO THE MARRIAGE AS DEFENDANT:

5 (A) THE DEFENDANT HAS BEEN SENTENCED TO IMPRISONMENT FOR 3

6 OR MORE YEARS OR HAS BEEN CONVICTED OF A CRIME INVOLVING ASSAULT-

7 IVE BEHAVIOR THAT IS PUNISHABLE BY IMPRISONMENT FOR 4 OR MORE

8 YEARS. IF A DIVORCE IS GRANTED UNDER THIS SUBDIVISION, A PARDON

9 OR OTHER ALTERATION OF THE PARTY'S SENTENCE OR CONVICTION DOES

10 NOT RESTORE THE MARRIAGE.

11 (B) THE DEFENDANT ENGAGES IN EXTRAMARITAL SEXUAL ACTIVITY

12 DURING THE MARRIAGE.

13 (C) THE DEFENDANT DESERTS THE MARRIAGE FOR 2 OR MORE YEARS.

14 (D) THE DEFENDANT REPEATEDLY AND FREQUENTLY ABUSES ALCOHOL

15 OR A CONTROLLED SUBSTANCE.

16 (E) THE DEFENDANT ENGAGES IN DOMESTIC VIOLENCE AGAINST HIS

17 OR HER SPOUSE.

18 (F) THE DEFENDANT ENGAGES IN CHILD ABUSE OF A MINOR CHILD

19 WHO IS THEIR CHILD OR FOR WHOM EITHER OF THE PARTIES IS A LEGAL

20 GUARDIAN.

21 (G) THE DEFENDANT ENGAGES IN SIGNIFICANT AND REPETITIVE CON-

22 DUCT THAT A REASONABLE PERSON WOULD CONCLUDE IS LIKELY TO CAUSE

23 CHRONIC AND SEVERE MENTAL ANGUISH FOR HIS OR HER SPOUSE OR A

24 MINOR CHILD IN THE HOME.

25 (2) IN THE RESPONSIVE PLEADING, THE DEFENDANT MAY ADMIT THE

26 GROUNDS FOR DIVORCE ALLEGED, DENY THEM WITHOUT FURTHER

27 EXPLANATION, OR COUNTERCLAIM BASED ON A GROUND LISTED IN

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1 SUBSECTION (1). A DEFENDANT'S ADMISSION OF AN ALLEGED GROUNDS IS

2 AN ADMISSION OF FAULT AND IS NOT A VOLUNTARY CONSENT TO THE

3 DIVORCE. THE COURT MAY CONSIDER AN ADMISSION BY THE DEFENDANT AS

4 PROOF OF AN ALLEGATION UNDER SUBSECTION (1), BUT IS NOT BOUND BY

5 IT.

6 (3) IN DETERMINING IF THE GROUNDS FOR A DIVORCE FILED UNDER

7 THIS SECTION ARE VALID, THE COURT SHALL CONSIDER THE AMOUNT OF

8 TIME THAT HAS PASSED SINCE THE OCCURRENCE OF THE EVENT OR THE

9 LAST OF THE EVENTS UPON WHICH THE COMPLAINT IS BASED.

10 (4) IF AN ALLEGATION UNDER SUBSECTION (1) OR (2) IS PROVEN

11 BY A PREPONDERANCE OF THE EVIDENCE AND THE PARTIES COMPLY WITH

12 THE OTHER REQUIREMENTS OF THIS ACT, THE COURT SHALL ENTER A JUDG-

13 MENT OF DIVORCE. IF AN ALLEGATION IS NOT PROVEN BY A PREPONDER-

14 ANCE OF THE EVIDENCE, THE COURT SHALL DENY THE DIVORCE.

15 SEC. 6B. (1) DURING DIVORCE PROCEEDINGS UNDER A COMPLAINT

16 FILED UNDER SECTION 6A, ON THE MOTION OF EITHER PARTY OR ON THE

17 COURT'S OWN MOTION, THE COURT MAY ORDER A PARTY TO COMPLETE A

18 DIVORCE EFFECTS PROGRAM COVERING 1 OR MORE OF THE SUBJECTS LISTED

19 IN SECTION 5. THE COURT SHALL NOT ORDER SUCH A PROGRAM UNLESS

20 THE COURT DETERMINES THAT ATTENDANCE AT THE PROGRAM WOULD NOT

21 SUBJECT THE INDIVIDUAL TO PHYSICAL OR EMOTIONAL HARM AND WOULD

22 LIKELY RESULT IN AT LEAST 1 OF THE FOLLOWING:

23 (A) RECONCILIATION OF THE PARTIES. THE COURT SHALL NOT

24 ORDER A DIVORCE EFFECTS PROGRAM BASED UPON THIS SUBDIVISION IF A

25 PARTY TO THE MARRIAGE FILES AN AFFIDAVIT STATING THAT THE PARTY

26 IS A VICTIM OF PHYSICAL ABUSE BY THE OTHER PARTY.

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1 (B) SIGNIFICANT IMPROVEMENT IN THE ADJUSTMENT OF A PARTY OR

2 CHILD TO THE ENTRY OF A DIVORCE DECREE.

3 (2) IF AN ORDER IS ENTERED UNDER THIS SECTION, THE COURT

4 SHALL ALLOW THE INDIVIDUAL ORDERED TO COMPLETE A PROGRAM TO

5 CHOOSE THE PROGRAM UNLESS THE COURT DETERMINES THAT THE INTEREST

6 OF A CHILD OR LIKELIHOOD OF SUCCESS REQUIRES THE COURT TO CHOOSE

7 THE PROGRAM. THE COURT MAY ALLOCATE THE COST OF A PROGRAM

8 ORDERED UNDER THIS SECTION BETWEEN THE PARTIES BASED UPON THEIR

9 FINANCIAL RESOURCES.

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

11 action for separate maintenance may be filed in the circuit

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

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

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

15 separate maintenance than by use of the statutory language.

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

17 for separate maintenance alleged or deny them without further

18 explanation. An admission by the defendant of the grounds for

19 separate maintenance may be considered by the court but is not

20 binding on the court's determination. The defendant may also

21 file a counterclaim for divorce.

22 (3) If the defendant files a counterclaim for divorce, the

23 allegation contained in the plaintiff's complaint as to the

24 grounds for separate maintenance may be considered by the court

25 but is not binding on the court's determination.

26 (4) If evidence is presented in open court that there has

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

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

2 reasonable likelihood that the marriage can be preserved, the

3 court shall enter:

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

5 divorce has not been filed.

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

7 terclaim for divorce has been filed.

8 (2) UPON THE FILING OF A COMPLAINT UNDER SUBSECTION (1), THE

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

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

11 IN EFFECT FOR LONGER THAN 4 YEARS, EITHER PARTY, WITHOUT THE CON-

12 SENT OF THE OTHER PARTY, MAY FILE A COMPLAINT FOR DIVORCE, AND

13 THAT, SUBJECT TO A POSSIBLE REQUIREMENT TO COMPLETE A DIVORCE

14 EFFECTS PROGRAM, THE DIVORCE WILL BE GRANTED WITHOUT AN ALLEGA-

15 TION OR PROOF OF A GROUNDS FOR DIVORCE UNDER SECTION 6A.

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

17 MAINTENANCE, THE PARTIES TO THE MARRIAGE MAY FILE AN AFFIDAVIT

18 STATING THAT THE PARTIES TO THE MARRIAGE WISH THE COURT TO VOID

19 THE JUDGMENT OF SEPARATE MAINTENANCE. UPON THE FILING OF THE

20 AFFIDAVIT, THE COURT SHALL VOID THE JUDGMENT OF SEPARATE MAINTE-

21 NANCE, AND THE JUDGMENT AND ORDERS BASED UPON THAT JUDGMENT ARE

22 NO LONGER IN EFFECT.

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

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

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

26 THAN 4 YEARS BEFORE THE FILING. SUBJECT TO SUBSECTION (5), THE

27 COURT SHALL ENTER A JUDGMENT OF DIVORCE IF THE COURT FINDS THAT

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1 THE MARRIAGE IS SUBJECT TO A JUDGMENT OF SEPARATE MAINTENANCE

2 THAT WAS ENTERED LONGER THAN 4 YEARS BEFORE THE FILING OF THE

3 COMPLAINT FOR DIVORCE.

4 (5) IF A COMPLAINT FOR DIVORCE IS FILED UNDER SUBSECTION (4)

5 AND IF THE PARTIES TO THE MARRIAGE WOULD BE SUBJECT TO DIVORCE

6 EFFECTS PROGRAM REQUIREMENTS UNDER SECTION 5 IF THEY HAD FILED AN

7 AFFIDAVIT VOLUNTARILY CONSENTING TO THE DIVORCE AS PERMITTED

8 UNDER SECTION 6, THE COURT SHALL NOT ENTER A JUDGMENT OF DIVORCE

9 UNLESS THE PARTIES COMPLETE A DIVORCE EFFECTS PROGRAM AS REQUIRED

10 BY SECTION 5 AND FILE THE CERTIFICATES REQUIRED UNDER SECTION

11 6(1). IF THE COURT FINDS THAT 1 PARTY TO THE MARRIAGE REFUSES TO

12 COMPLETE SUCH A PROGRAM, THE COURT MAY GRANT THE DIVORCE UPON THE

13 COMPLETION OF THE PROGRAM BY THE OTHER PARTY AND THAT PARTY'S

14 FILING OF THE REQUIRED CERTIFICATE.

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

16 NOT ISSUE AN EX PARTE ORDER UNLESS THE ORDER RELATES TO 1 OF THE

17 FOLLOWING:

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

19 ACTION.

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

21 ACTION.

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

23 OR 2950A OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL

24 600.2950 AND 600.2950A.

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

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

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

2 THE WRITTEN, VOLUNTARY CONSENT OF THE OTHER PARTY.

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

4 divorce or for a separation, AND SUBJECT TO SUBSECTION (3), the

5 court may require either party to pay alimony SPOUSAL SUPPORT

6 for the suitable maintenance of the adverse party, to pay such

7 sums as shall be deemed THE AMOUNT CONSIDERED proper and neces-

8 sary to conserve any real or personal property owned by the

9 parties or either of them PARTY, and to pay any sums THE

10 AMOUNT necessary to enable the adverse party to carry on or

11 defend the action, during its pendency. It THE COURT may award

12 costs against either party and award execution for the same

13 COSTS, or it may direct such THE costs to be paid out of any

14 property sequestered, or in the power of the court, or in the

15 hands of a receiver.

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

17 of the date the party receiving alimony remarries A PARTY

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

19 FICATION OR TERMINATION OF THAT OBLIGATION IF THE PARTY RECEIVING

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

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

22 MODIFICATION OR TERMINATION UNDER EITHER OF THESE CIRCUMSTANCES

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

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

25 shall DOES not affect alimony SPOUSAL SUPPORT payments which

26 have accrued prior to THAT ACCRUE BEFORE that termination.

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

2 FINDING OF FAULT IN AN ACTION FOR DIVORCE AS WEIGHING

3 SUBSTANTIALLY IN FAVOR OF A PARTY TO THE ACTION WHO IS NOT FOUND

4 TO HAVE FAULT.

5 Sec. 19. Upon the annulment of a marriage, a divorce from

6 the bonds of matrimony, or a judgment of separate maintenance,

7 the court may make a further judgment for restoring to either

8 party the whole, or such THE parts as it shall deem THE COURT

9 CONSIDERS just and reasonable, of the real and personal estate

10 that shall have HAS come to either party by reason of the mar-

11 riage, or for awarding to either party the value thereof OF

12 THAT PROPERTY, to be paid by either party in money. IF A JUDG-

13 MENT OF DIVORCE IS BASED UPON PROOF OF A GROUND LISTED IN SECTION

14 6A, FOR A PROPERTY AWARD UNDER THIS SECTION, THE COURT SHALL CON-

15 SIDER THE FINDING OF FAULT TO WEIGH SUBSTANTIALLY IN FAVOR OF A

16 PARTY TO SUCH A JUDGMENT OF DIVORCE WHO IS NOT FOUND TO HAVE

17 FAULT. A DIVISION OF PROPERTY UNDER THIS SECTION THAT GRANTS AN

18 OTHERWISE DISPROPORTIONATE PORTION OF THE PROPERTY OR ITS VALUE

19 TO THE PARTY WHO IS NOT FOUND TO HAVE FAULT IS A JUST AND REASON-

20 ABLE DIVISION UNLESS THE COURT FINDS ON THE RECORD THAT THE FACTS

21 OF THE PARTICULAR CASE MAKE SUCH AN AWARD UNFAIR.

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