December 13, 2005, Introduced by Reps. Byrnes, 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 9f (MCL 552.9f).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9f. (1) No proofs or testimony shall be taken in any In
a case for divorce, the court shall not take any proofs or
testimony until the expiration of 60 days from the time of
filing
the bill
of complaint
is filed, except where
the cause for
divorce
is desertion, or when the testimony is taken conditionally
for
the purpose of perpetuating such that
testimony. In
every
case
where there are
(2) If the case involves dependent minor children under the
age
of 18 years, no proofs or testimony shall be taken in such
cases
for divorce the court shall
not take any proofs or testimony
until
the expiration of 6 months from the day the bill of
complaint is filed, except when the testimony is taken
conditionally
for the purpose of perpetuating that testimony. In
The court may take testimony after the expiration of 60 days from
the time the 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. The court may
enter a divorce judgment on a case filed pursuant to section 6(4)
after the expiration of 60 days from the time the complaint is
filed.
(3)
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 a divorce judgment 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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5495(request no.
03131'05) of the 93rd Legislature is enacted into law.