HOUSE BILL NO. 4782

A bill to amend 1846 RS 84, entitled

"Of divorce,"

by amending sections 9f, 23, 27, 34, 36, and 37 (MCL 552.9f, 552.23, 552.27, 552.34, 552.36, and 552.37), section 23 as amended by 2009 PA 234, section 27 as amended by 1998 PA 96, section 34 as amended by 1983 PA 211, and section 36 as amended by 2001 PA 107.

the people of the state of michigan enact:

Sec. 9f. No A court shall not take proofs or testimony shall be taken in any case for a divorce action until the expiration of 60 days from after the time of filing the bill of complaint is filed, except where if the cause for divorce is desertion, or when if the testimony is taken conditionally for the purpose of perpetuating such testimony. In every case where an action for divorce in which there are dependent minor children under the age of 18 years, no the court shall not take proofs or testimony shall be taken in such cases for divorce until the expiration of 6 months from after the day the bill of complaint is filed. In cases of If there is unusual hardship or such compelling necessity as shall appeal that appeals to the conscience of the court, upon on petition and a proper showing, it the court may take testimony at any time after the expiration of 60 days from the time of filing the bill of after the complaint is filed. Testimony may be taken conditionally at any time for the purpose of perpetuating such testimony. When If the defendant in any case for a divorce action is not domiciled in this state at the time of commencing the suit action or shall was not have been domiciled herein in this state at the time the cause for divorce arose, before any decree a judgment of divorce shall be is granted the complainant plaintiff must prove that the parties have actually lived and cohabited together as husband and wife spouses within this state, or that the complainant plaintiff has in good faith resided in this state for 1 year immediately preceding the filing of the bill of complaint for divorce.

Sec. 23. (1) Upon On entry of a judgment of divorce or separate maintenance, if the estate and effects awarded to either party are insufficient for the suitable support and maintenance of either party and any children of the marriage who are committed to the care and custody of either party, the court may also award to either party the part of the real and personal estate of either party and spousal support out of the real and personal estate, to be paid to either party in gross or otherwise as the court considers just and reasonable, after considering the ability of either party to pay and the character and situation of the parties, and all the other circumstances of the case.

(2) Upon On certification by a county department of health and human services that a complainant plaintiff or petitioner in a an action or proceeding under this chapter is receiving public assistance either personally or for children of the marriage, payments received by the friend of the court or the state disbursement unit for the support and education of the children or maintenance of the party shall must be transmitted to the department of health and human services.

(3) If the court appoints the friend of the court custodian, receiver, trustee, or escrow agent of assets owned by a husband and wife, spouses, or either of them, the court may fix the amount of the fee for such that service, to be turned over to the county treasurer and credited to the general fund of the county. The court may hold in contempt a person who fails or refuses to pay a fee ordered under this subsection.

(4) As used in this section and section 24, "state disbursement unit" or "SDU" means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400.236.

Sec. 27. If alimony or an allowance for the support and education of the children is awarded to either party, the amount of the alimony or allowance constitutes a lien upon on the real and personal estate of the adverse party as provided in section 25a of the support and parenting time enforcement act, 1982 PA 295, MCL 552.65a. 552.625a. The court may do 1 or more of the following if the party defaults on the payment of the amount awarded:

(a) Order the sale of the property against which the lien is adjudged in the same manner and upon on the same notice as in suits actions for the foreclosure of mortgage liens.

(b) Award execution for the collection of the judgment.

(c) Order the sequestration of the real and personal estate of either party and may appoint a receiver of the real estate or personal estate, or both, and cause the personal estate and the rents and profits of the real estate to be applied to the payment of the judgment.

(d) Award a division between the husband and wife spouses of the real and personal estate of either party or of the husband and wife spouses by joint ownership or right as the court considers equitable and just.

Sec. 34. An action to annul a marriage on the ground that 1 of the parties was under the age of legal consent, as provided in section 3 of Act No. 128 of the Public Acts of 1887, being section 551.103 of the Michigan Compiled Laws, 1887 PA 128, MCL 551.103, may be brought by the parent or guardian entitled to the custody of the minor or by the next friend of the minor, but the marriage shall must not be annulled on the application of a party who was of the age of legal consent at the time of the marriage, or when if it appears that the parties, after they had attained the age of consent, had freely cohabited as husband and wife.spouses.

Sec. 36. A party to a marriage who, at the time of the marriage, was not capable in law of contracting and who later becomes capable in law of contracting may bring an action to annul the marriage. The court shall not , however, annul the marriage if the court finds that the parties cohabited as husband and wife spouses after the party became capable in law of contracting.

Sec. 37. No A court shall not annul a marriage shall be annulled on the ground of force or fraud, if it shall appear appears that, at any time before the commencement of the suit, there was a voluntary cohabitation of action, the parties voluntarily cohabited as husband and wife.spouses.

Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution F (request no. 00367'23) of the 102nd Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.