February 10, 2010, Introduced by Senator McMANUS and referred to the Committee on Judiciary.
A bill to amend 1846 RS 84, entitled
"Of divorce,"
by amending sections 6 and 7 (MCL 552.6 and 552.7).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
6. (1) A complaint for divorce may shall be filed in the
circuit
court. upon the allegation A complaint for divorce shall
contain the following allegations of fact, as applicable:
(a) If no dependent child of the marriage resides with either
party and if both parties to the marriage agree to the divorce, an
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
(b) If a dependent child of the marriage resides with a party
or if 1 of the parties objects to the divorce, 1 or more of the
following allegations, as applicable:
(i) That the other party has committed adultery or deviate
sexual intercourse during the marriage.
(ii) That the other party was physically incompetent at the
time of the marriage.
(iii) That the other party was sentenced to imprisonment for 3
or more years. After a divorce is granted based upon this
subdivision, a pardon or other alteration of the party's conviction
or sentence does not restore the marriage.
(iv) That the other party deserted the plaintiff for 2 or more
years.
(v) That the other party habitually uses and abuses alcohol or
a controlled substance.
(vi) That the plaintiff is a victim of extreme cruelty by the
other party.
(2)
A plaintiff shall make no other may
limit the explanation
of
the grounds for divorce than by the use of in a complaint to the
statutory language.
(3) (2)
The defendant, by answer, may either
admit the grounds
for
divorce alleged, or deny them without further explanation, or,
if the grounds are alleged under subsection (1)(a) or (2), object
to the allegations. 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.
(4) (3)
The A 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.both parties agree with the allegation made
under
subsection (1)(a) or that proves by a preponderance of the evidence
an allegation made under subsection (1)(b).
(5) As used in this section:
(a) "Adultery" means sexual intercourse voluntarily performed
by the accused party with an individual other than his or her
spouse. For the purpose of this section, sexual intercourse occurs
upon any penetration, however slight.
(b) "Deviate sexual intercourse" means sexual conduct
voluntarily performed by the accused party with an individual other
than his or her spouse that includes, but is not limited to,
contact between the penis and anus, the mouth and penis, or the
mouth and vulva; or with an animal or dead human body.
Sec.
7. (1) An action for separate maintenance may shall be
filed in the circuit court subject to the same restrictions, in the
same manner, and on the same grounds as an action for divorce.
(2) In the a complaint for separate maintenance, the plaintiff
shall
make no other may limit the explanation of the grounds for
separate
maintenance than by use of to
the statutory language.
(3) (2)
The defendant, by answer, may either
admit the grounds
for separate maintenance alleged or deny them without further
explanation. An admission by the defendant of the grounds for
separate maintenance may be considered by the court but is not
binding on the court's determination. The defendant may also file a
counterclaim for divorce.
(4) (3)
If the defendant files a counterclaim
for divorce, the
allegation contained in the plaintiff's complaint as to the grounds
for separate maintenance may be considered by the court but is not
binding on the court's determination.
(5) (4)
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, would
require the court to enter a judgment of divorce under section 6 of
this chapter, the court shall enter 1 of the following:
(a) A judgment of separate maintenance if a counterclaim for
divorce has not been filed.
(b) A judgment dissolving the bonds of matrimony if a
counterclaim for divorce has been filed.