Labre Law Office | Family Law & Criminal Defense Lawyer | Edwardsburg, MI

Can Divorce Be Denied In Michigan?

June 1, 2024 – Rob LaBre

Navigating the tumultuous seas of marriage, Sarah and Tom found themselves at a crossroads where the compass pointed towards an undesirable yet necessary destination: divorce. The thought alone sent chills down Tom’s spine, not solely due to the heartache and the division of a life built together, but also because of these troubling questions: “What if my wife refuses?” “Can divorce be denied in Michigan?” Tom’s concerns reflect widespread anxiety among couples at the brink of change, highlighting a need for clarity and guidance through the divorce process.

In this blog, experienced Michigan divorce attorneys answer your questions and explain how Michigan courts handle divorce proceedings where one spouse refuses to divorce, and possible reasons why a judge denies the dissolution of a marriage. Keep reading to learn more, then contact us at (269) 431-2058 to schedule a consultation.

Is Michigan a “No-Fault” Divorce State?

The divorce process in Michigan is straightforward due to the state’s no-fault divorce law. A no-fault divorce means that one party does not need to prove fault or blame for their marriage falling apart. Instead, stating irreconcilable differences is enough for a divorce to be granted.

Michigan law allows fault-based grounds for divorce, including infidelity or adultery, cruelty, abandonment, and imprisonment. However, these grounds are very uncommon in modern divorce cases.

What Happens if One Spouse Doesn’t Want a Divorce?

Despite your spouse’s objections, they can’t prevent you from filing for divorce. As a no-fault divorce state, Michigan court allows individuals to end marriages they no longer choose to remain in.

When One Spouse Refuses to Sign the Divorce Papers

If the other party refuses to sign the divorce papers by not responding to the initial summons, the court will proceed with the divorce process based on the documentation from the requesting spouse. Only one spouse’s request is needed in Michigan to proceed with a divorce. Refusal to respond won’t prevent it. A few circumstances, like disagreements on issues like spousal support, child custody, child support, and property division, can delay proceedings significantly but won’t result in the denial of the divorce. Resolving disputes may take longer, but the divorce case will ultimately proceed.

What If My Spouse Threatens Me?

If one spouse threatens to exploit the other spouse’s assets or children, seeking ex-parte orders is a possible solution. These orders can:

  • Prevent a spouse from disposing of marital assets
  • Secure temporary child custody
  • Obtain a protective order

If granted by a judge, an ex-parte order takes immediate effect. The other spouse can object to the order after receiving it. An ex parte order remains effective until the divorce is settled.

Common Reasons for Divorce Denials in Michigan

Understanding the divorce laws in Michigan is crucial when filing for divorce. Just as there are marriage restrictions, legal requirements also apply to divorce proceedings. Michigan law outlines these criteria for divorce:

  • 1. Residency Requirements

  • Meeting residency requirements is crucial if you’re filing for divorce in Michigan.

    • At least one spouse must have lived in Michigan for 180 days before filing
    • One spouse must have resided in the county where the complaint is filed for ten days

    Failure to meet these criteria could lead the court to deny your petition for marriage dissolution.

  • 2. Procedural Mishaps Complicate the Divorce Process

  • One of the most common reasons a divorce is denied is procedural mishaps. Filing errors, non-compliance, and insufficient information can cause delays and complications in the divorce process, potentially resulting in court rejection.

    To avoid this, ensure accurate paperwork completion, submission of all necessary documents, and adherence to legal procedures when filing for divorce. For guidance on navigating a divorce in Michigan, seek professional advice from an experienced Michigan divorce attorney.

  • 3. Failure to Address the Children’s Best Interests

  • Michigan courts prioritize child support and custody arrangements during divorce cases, especially if minor children are involved. Proposed arrangements must align with this standard for the court to approve the divorce, emphasizing the importance of ensuring the children’s well-being in legal proceedings.

  • 4. Fraud

  • Deceiving the court could jeopardize the divorce and may result in your divorce being denied. If either party can provide evidence of fraud, the court may rule against it. To protect your divorce agreement from being annulled due to fraud, honest disclosure of assets and liabilities is crucial.

While Michigan leans towards no-fault divorce laws, certain situations may lead to rejection. Seeking guidance from a skilled Michigan family law attorney is crucial in navigating these intricate processes effectively.

Can I Stop the Divorce Proceedings?

If you and your spouse decide to stop the divorce, seek counseling, and revive your marriage, you can request a dismissal of the divorce proceeding once they have started.

In cases where one spouse has not responded to the summons, the filing spouse can submit the dismissal form. If a response has been made, both parties must sign the dismissal form.

Start Your Path to a New Life With LaBre Law Office

While the path to divorce in Michigan is designed to be straightforward due to its no-fault divorce laws, there are situations where the process may encounter complications. Navigating these challenges requires knowledgeable guidance to protect your rights.

Have you been searching on your browser for a “divorce attorney near me”? At LaBre Law Office, excellence is our standard. We provide the support and representation you need during this challenging process. Contact us at (269) 431-2058 or complete our secure online form to schedule a consultation.

Copyright © 2024. LaBre Law Office. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

LaBre Law Office
68897 Cass St,
Edwardsburg, MI 49112
(269) 431-2058

can divorce be denied

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