Michigan couples facing marital difficulties may wonder if one spouse can prevent the other from obtaining a divorce. The answer, in most cases, is no.
Michigan is a no-fault divorce state, meaning the court doesn’t assign blame or require proof of wrongdoing to grant a divorce. As long as one spouse desires the dissolution of the marriage, the legal process can move forward, even if the other spouse objects.
Understanding no-fault divorce
In a no-fault divorce, the focus shifts away from assigning blame and towards establishing the irretrievable breakdown of the marriage.
This means a spouse simply needs to state that the couple has differences that make reconciliation impossible. There’s no requirement to prove infidelity, abandonment or any other marital misconduct. This system allows for a more streamlined and less emotionally charged divorce process. It also removes the stigma often associated with fault-based divorces.
When your spouse says no: Navigating resistance
Even if they can’t stop the divorce, your spouse can contest the proposed division of assets, spousal support (alimony) or child custody arrangements. This can lead to a lengthier and more expensive process, as the court needs to resolve these disagreements.
Your spouse might also choose to ignore the initial divorce petition. While this won’t halt the proceedings, it can cause delays. The court will likely grant a default judgment based on your terms if your spouse remains unresponsive.
While your spouse can’t stop you from getting a divorce in the Great Lakes State, their cooperation can significantly impact the speed and complexity of the process. Remember, you don’t have to navigate this challenging time alone. Consulting with a reliable legal team can provide invaluable support and help to better ensure a fair and efficient resolution.