HOUSE BILL No. 5495

December 13, 2005, Introduced by Reps. Schuitmaker, David Law, Wojno, Meisner, Brown, Adamini, Whitmer, Plakas, Accavitti, Hune, Gaffney, Tobocman, Alma Smith, Vander Veen, Stewart, Nofs, Donigan, Condino, Hopgood, Steil, Jones, Hansen, Lipsey, Gonzales and Leland 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.

 

     (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.

 

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

 

matrimony  of divorce 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.

 

     (4) The court shall enter a judgment of divorce if the parties

 

file a complaint for divorce with a consent judgment of divorce and

 

an affidavit of each party stating that all issues of the divorce

 

have been resolved, that a consent judgment of divorce has been

 

approved by both parties, and 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. 

 

     Enacting section 1.  This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5496(request no.

 

03130'05) of the 93rd Legislature is enacted into law.