Michigan Supreme Court sets surviving spouse recovery standard (access required)

When a party files an action for divorce and the other spouse subsequently dies before the divorce is finalized, a rebuttable presumption exists that the surviving spouse was not willfully absent from the decedent spouse, the Michigan Supreme Court has ruled. Justice Megan K. Cavanagh pointed out that, under MCL 700.2801(2)(e)(i), a person who files an ...

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