House Introduced Bill 5383

HOUSE BILL No. 5383

February 16, 2000, Introduced by Reps. Spade, Hager, Cameron Brown and Vander Roest and referred to the Committee on
Family and Civil Law.

A bill to amend 1846 RS 84, entitled

"Of divorce,"

by amending sections 6, 7, and 9f (MCL 552.6, 552.7, and 552.9f)

and by adding sections 5, 8, and 8a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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SEC. 5. AS USED IN THIS ACT:

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(A) "COVENANT MARRIAGE" MEANS A MARRIAGE CONTRACTED OR DES-

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IGNATED AS A COVENANT MARRIAGE UNDER SECTION 3A OR 3E OF 1887

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PA 128, MCL 551.103A AND 551.103E, RESPECTIVELY.

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(B) "MARRIAGE AND FAMILY THERAPIST" MEANS THAT TERM AS

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DEFINED IN SECTION 16901 OF THE PUBLIC HEALTH CODE, 1978 PA 368,

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MCL 333.16901.

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(C) "MINISTER" MEANS THAT TERM AS DEFINED IN SECTION 1 OF

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1887 PA 128, MCL 551.101.

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

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circuit court upon the allegation that there has been a breakdown

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of the marriage relationship to the extent that the objects of

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matrimony have been destroyed and there remains no reasonable

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

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the plaintiff shall make no other explanation of the grounds for

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divorce than by the use of the statutory language.

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

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for divorce alleged or deny them without further explanation. An

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admission by the defendant of the grounds for divorce may be con-

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sidered by the court, but is not binding on the court's

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determination.

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

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of matrimony OF DIVORCE if evidence is presented in open court

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that there has been a breakdown in the marriage relationship to

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the extent that the objects of matrimony have been destroyed and

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there remains no reasonable likelihood that the marriage can be

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preserved.

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(4) THIS SECTION DOES NOT APPLY TO A COVENANT MARRIAGE.

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Sec. 7. (1) An action for separate maintenance may be filed

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in the circuit court in the same manner and on the same grounds

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as an action for divorce. In the complaint, the plaintiff shall

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make no other explanation of the grounds for separate maintenance

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than by use of the statutory language.

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

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for separate maintenance alleged or deny them without further

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explanation. An admission by the defendant of the grounds for

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

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

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file a counterclaim for divorce.

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

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allegation contained in the plaintiff's complaint as to the

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grounds for separate maintenance may be considered by the court,

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but is not binding on the court's determination.

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

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been a breakdown in the marriage relationship to the extent that

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the objects of matrimony have been destroyed and there remains no

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reasonable likelihood that the marriage can be preserved, the

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court shall enter:

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

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divorce has not been filed.

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(b) A judgment dissolving the bonds of matrimony OF

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DIVORCE if a counterclaim for divorce has been filed.

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(5) THIS SECTION DOES NOT APPLY TO A COVENANT MARRIAGE.

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SEC. 8. (1) THIS SECTION APPLIES ONLY TO A COVENANT

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MARRIAGE.

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(2) A COMPLAINT FOR DIVORCE MAY BE FILED IN THE CIRCUIT

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COURT. IN THE COMPLAINT, THE PLAINTIFF SHALL MAKE NO OTHER

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EXPLANATION OF THE GROUNDS FOR DIVORCE THAN BY THE USE OF THE

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APPLICABLE LANGUAGE OF SUBSECTION (4).

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(3) THE DEFENDANT, BY ANSWER, MAY EITHER ADMIT THE GROUNDS

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FOR DIVORCE ALLEGED OR DENY THEM WITHOUT FURTHER EXPLANATION. AN

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ADMISSION BY THE DEFENDANT OF THE GROUNDS FOR DIVORCE MAY BE

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CONSIDERED BY THE COURT, BUT IS NOT BINDING ON THE COURT'S

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DETERMINATION.

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(4) THE COURT SHALL ENTER A JUDGMENT OF DIVORCE IF THE COURT

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FINDS THAT THE PLAINTIFF AND DEFENDANT HAVE RECEIVED JOINT OR

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INDIVIDUAL MARRIAGE COUNSELING FROM A MINISTER OR MARRIAGE AND

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FAMILY THERAPIST AND THAT 1 OR MORE OF THE FOLLOWING ARE TRUE:

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(A) THE DEFENDANT COMMITTED ADULTERY.

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(B) THE DEFENDANT COMMITTED A FELONY AND WAS SENTENCED TO

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IMPRISONMENT FOR NOT LESS THAN 5 YEARS.

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(C) THE DEFENDANT ABANDONED THE MATRIMONIAL DOMICILE NOT

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LESS THAN 1 YEAR BEFORE THE COMPLAINT WAS FILED, WAS REQUESTED BY

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THE PLAINTIFF DURING THAT PERIOD TO RETURN TO THE MATRIMONIAL

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DOMICILE, AND DID NOT AT ANY TIME DURING THAT PERIOD RETURN TO

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THE MATRIMONIAL DOMICILE.

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(D) THE DEFENDANT ABUSED THE PLAINTIFF OR A CHILD OF 1 OR

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BOTH SPOUSES AND THE ABUSE WAS 1 OR MORE OF THE FOLLOWING:

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(i) THE DEFENDANT'S VIOLENT, PHYSICAL ATTACK ON THE PLAIN-

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TIFF OR CHILD.

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(ii) THE DEFENDANT'S THREAT OR THREATENING BEHAVIOR THAT

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CAUSED THE PLAINTIFF OR CHILD TO FEAR A VIOLENT, PHYSICAL ATTACK

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BY THE DEFENDANT.

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(iii) THE DEFENDANT'S PSYCHOLOGICAL ABUSE OF THE PLAINTIFF

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OR CHILD THAT CAUSED A SUBSTANTIAL, PROTRACTED BUT NOT NECESSAR-

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ILY PERMANENT, AND VISIBLY DEMONSTRABLE MANIFESTATION OF MENTAL

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DISTRESS IN THE PLAINTIFF'S OR CHILD'S MENTAL CONDITION.

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(E) THE SPOUSES BY MUTUAL CONSENT HAVE BEEN LIVING SEPARATE

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AND APART CONTINUOUSLY WITHOUT RECONCILIATION FOR NOT LESS THAN 2

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YEARS.

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(F) IF THERE ARE NO MINOR CHILDREN OF THE MARRIAGE, THE

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SPOUSES BY MUTUAL CONSENT HAVE BEEN LIVING SEPARATE AND APART

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CONTINUOUSLY WITHOUT RECONCILIATION FOR NOT LESS THAN 1 YEAR

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AFTER ENTRY OF A JUDGMENT OF SEPARATE MAINTENANCE.

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(G) IF THERE IS A MINOR CHILD OF THE MARRIAGE, THE SPOUSES

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BY MUTUAL CONSENT HAVE BEEN LIVING SEPARATE AND APART CONTINU-

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OUSLY WITHOUT RECONCILIATION FOR NOT LESS THAN 18 MONTHS AFTER

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ENTRY OF A JUDGMENT OF SEPARATE MAINTENANCE.

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(H) IF A JUDGMENT OF SEPARATE MAINTENANCE WAS ENTERED BASED

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ON ABUSE AS DESCRIBED IN SUBDIVISION (D), THE SPOUSES BY MUTUAL

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CONSENT HAVE BEEN LIVING SEPARATE AND APART CONTINUOUSLY WITHOUT

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RECONCILIATION FOR NOT LESS THAN 1 YEAR AFTER ENTRY OF THE JUDG-

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MENT OF SEPARATE MAINTENANCE.

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SEC. 8A. (1) THIS SECTION APPLIES ONLY TO A COVENANT

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MARRIAGE.

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(2) AN ACTION FOR SEPARATE MAINTENANCE MAY BE FILED IN THE

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CIRCUIT COURT IN THE SAME MANNER AND ON THE SAME GROUNDS AS AN

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ACTION FOR DIVORCE UNDER SECTION 8(4)(A) TO (E). IN THE COM-

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PLAINT, THE PLAINTIFF SHALL MAKE NO OTHER EXPLANATION OF THE

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GROUNDS FOR SEPARATE MAINTENANCE THAN BY USE OF THE APPLICABLE

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LANGUAGE OF SECTION 8(4)(A) TO (E).

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(3) THE DEFENDANT, BY ANSWER, MAY EITHER ADMIT THE GROUNDS

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FOR SEPARATE MAINTENANCE ALLEGED OR DENY THEM WITHOUT FURTHER

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EXPLANATION. AN ADMISSION BY THE DEFENDANT OF THE GROUNDS FOR

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SEPARATE MAINTENANCE MAY BE CONSIDERED BY THE COURT, BUT IS NOT

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BINDING ON THE COURT'S DETERMINATION. THE DEFENDANT MAY ALSO

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FILE A COUNTERCLAIM FOR DIVORCE.

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(4) IF THE DEFENDANT FILES A COUNTERCLAIM FOR DIVORCE, THE

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ALLEGATION CONTAINED IN THE PLAINTIFF'S COMPLAINT AS TO THE

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GROUNDS FOR SEPARATE MAINTENANCE MAY BE CONSIDERED BY THE COURT,

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BUT IS NOT BINDING ON THE COURT'S DETERMINATION.

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(5) THE COURT SHALL ENTER AN ORDER UNDER SUBSECTION (6) IF

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THE COURT FINDS THAT THE PLAINTIFF RECEIVED MARRIAGE COUNSELING

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FROM A MINISTER OR MARRIAGE AND FAMILY THERAPIST AND THAT 1 OR

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MORE OF THE FOLLOWING ARE TRUE:

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(A) THE DEFENDANT COMMITTED ADULTERY.

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(B) THE DEFENDANT COMMITTED A FELONY AND WAS SENTENCED TO

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IMPRISONMENT FOR NOT LESS THAN 5 YEARS.

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(C) THE DEFENDANT ABANDONED THE MATRIMONIAL DOMICILE NOT

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LESS THAN 1 YEAR BEFORE THE COMPLAINT WAS FILED, WAS REQUESTED BY

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THE PLAINTIFF DURING THAT PERIOD TO RETURN TO THE MATRIMONIAL

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DOMICILE, AND DID NOT AT ANY TIME DURING THAT PERIOD RETURN TO

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THE MATRIMONIAL DOMICILE.

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(D) THE DEFENDANT ABUSED THE PLAINTIFF OR A CHILD OF 1 OR

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BOTH SPOUSES AND THE ABUSE WAS 1 OR MORE OF THE FOLLOWING:

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(i) THE DEFENDANT'S VIOLENT, PHYSICAL ATTACK ON THE PLAIN-

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TIFF OR CHILD.

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(ii) THE DEFENDANT'S THREAT OR THREATENING BEHAVIOR THAT

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CAUSED THE PLAINTIFF OR CHILD TO FEAR A VIOLENT, PHYSICAL ATTACK

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BY THE DEFENDANT.

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(iii) THE DEFENDANT'S PSYCHOLOGICAL ABUSE OF THE PLAINTIFF

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OR CHILD THAT CAUSED A SUBSTANTIAL, PROTRACTED BUT NOT

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NECESSARILY PERMANENT, AND VISIBLY DEMONSTRABLE MANIFESTATION OF

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MENTAL DISTRESS IN THE PLAINTIFF'S OR CHILD'S MENTAL CONDITION.

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(E) THE SPOUSES BY MUTUAL CONSENT HAVE BEEN LIVING SEPARATE

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AND APART CONTINUOUSLY WITHOUT RECONCILIATION FOR NOT LESS THAN 2

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YEARS.

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(F) THE SPOUSES' LIVING TOGETHER IS UNSUPPORTABLE BECAUSE OF

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ANY OF THE FOLLOWING:

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(i) THE DEFENDANT HABITUALLY ABUSES ALCOHOL OR DRUGS TO THE

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EXTENT OF PLACING THE DEFENDANT'S SOCIAL, ECONOMIC, PSYCHOLOGI-

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CAL, AND PHYSICAL WELFARE IN POTENTIAL HAZARD OR TO THE EXTENT

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THAT THE DEFENDANT LOSES THE POWER OF SELF-CONTROL OR ENDANGERS

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HIS OR HER SPOUSE'S OR CHILD'S HEALTH, MORALS, SAFETY, OR

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WELFARE.

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(ii) THE DEFENDANT ENGAGES IN CRUEL AND OUTRAGEOUS CONDUCT

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TOWARD THE PLAINTIFF OR A CHILD OF 1 OR BOTH OF THE SPOUSES.

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(6) IF THE COURT FINDS THAT 1 OR MORE CIRCUMSTANCES SET

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FORTH IN SUBSECTION (5) ARE TRUE, THE COURT SHALL ENTER 1 OF THE

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FOLLOWING:

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(A) A JUDGMENT OF SEPARATE MAINTENANCE IF A COUNTERCLAIM FOR

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DIVORCE HAS NOT BEEN FILED.

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(B) A JUDGMENT OF DIVORCE IF A COUNTERCLAIM FOR DIVORCE HAS

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BEEN FILED AND THE REQUIREMENTS OF SECTION 8 ARE MET.

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(7) THE COURT SHALL NOT ENTER A JUDGMENT OF SUMMARY DISPOSI-

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TION IN AN ACTION UNDER THIS SECTION.

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Sec. 9f. (1) No proofs or testimony shall be taken in any

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case for divorce EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,

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THE COURT SHALL NOT TAKE EVIDENCE OR TESTIMONY IN A DIVORCE

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ACTION until the expiration of 60 63 days from AFTER
the time

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of filing the bill of complaint, except where the cause for

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divorce is desertion, or when ACTION, EXCEPT IF the testimony is

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taken conditionally for the purpose of perpetuating such THAT

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testimony. In every case where there are EXCEPT AS OTHERWISE

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PROVIDED IN THIS SECTION, IF THE DIVORCE ACTION INVOLVES depen-

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dent minor children under the age of 18 years, no proofs or tes-

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timony shall be taken in such cases for divorce THE COURT SHALL

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NOT TAKE EVIDENCE OR TESTIMONY until the expiration of 6 months

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from AFTER the day the bill of complaint ACTION is
filed. In

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cases of unusual hardship or such compelling necessity as shall

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appeal APPEALS to the conscience of the court, upon petition and

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proper showing, it may take testimony at any time after the expi-

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ration of 60 63 days from AFTER the time of filing the
bill

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of complaint ACTION. Testimony may be taken THE COURT
MAY

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TAKE TESTIMONY conditionally at any time for the purpose of per-

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petuating such THE testimony. When

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(2) IF the defendant in any case for A divorce ACTION is

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not domiciled in this state at the time of commencing the suit

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or shall not have been domiciled herein THE ACTION IS FILED OR

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WAS NOT DOMICILED IN THIS STATE at the time the cause for divorce

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arose, before any THE COURT GRANTS A decree of divorce, shall

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be granted the complainant must prove that the parties have

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actually lived and cohabited together as husband and wife within

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this state, or that the complainant has in good faith resided in

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this state for 1 year immediately preceding the filing of the

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bill of complaint for divorce ACTION.

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(3) IN AN ACTION FOR DIVORCE UNDER SECTION 8 OR FOR SEPARATE

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MAINTENANCE UNDER SECTION 8A, IF THE GROUNDS IS ABUSE AS

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DESCRIBED IN SECTION 8(4)(D) OR SECTION 8A(5)(D), RESPECTIVELY,

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THE TIME PERIODS REQUIRED BY SUBSECTION (1) DO NOT APPLY. IN

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SUCH AN ACTION, THE COURT SHALL HEAR THE CASE AT THE EARLIEST

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PRACTICABLE TIME AND EXPEDITE IT AS MUCH AS POSSIBLE. FOR GOOD

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CAUSE SHOWN, THE CASE SHALL TAKE PRECEDENCE OVER OTHER MATTERS

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BEFORE THE COURT.

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Enacting section 1. This amendatory act does not take

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effect unless Senate Bill No. __________ or House Bill

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No. 5384 (request no. 00812'99 a *) of the 90th Legislature

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is enacted into law.

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