Breakups are seldom mutual â€” even for married couples. If your spouse is against getting divorced, you may wonder how to begin the process.
Today, certain legal measures have been put in place to allow one spouse to proceed with a divorce â€” whether the decision is mutual or not. If you may be involved in a divorce that is not mutual, read on to learn about your options.
Before the 1970â€™s, married parties were required to provide a reason for a marriageâ€™s end in order to divorce. Specifically, the reason had toÂ align with one of the stateâ€™s qualifying faults, such as adultery.
Today, however, all 50 states offer some version of no-fault divorce. This allows either spouse to file for a blameless divorce, in which neither party has committed a specific act that led to the decision to divorce.
Unlike other states, Michigan does not offer at-fault divorce options. However, if your spouse caused the divorce by acts such as adultery or domestic abuse, alerting the judge of these issues and their financial impact may result in a more favorable divorce settlement.
If you or your spouse has filed for divorce, unsigned papers wonâ€™t stop the divorce from happening.
The spouse who has not filed for divorce will typically receive a summons and a complaint for divorce. These will include a deadline toÂ answer the divorce complaint.
If the spouse ignores the papers or fails to participate in proceedings, the court may find the spouse inÂ default. This leaves the judge to establish a divorce order accordingÂ to the conditions set in the filing spouseâ€™s petition to divorce.
In military divorces, a service member may be allowed an extended period of time to answer and participate in divorce proceedings.
If a spouse has threatened that he or she will take advantage of the other spouseâ€™s assets or child, filing for ex parte orders may be an option. Ex parte orders can be requested for:
If a judge approves an ex parte order, it will go into effect immediately. The spouse receiving the order has 14 days to object the order. Otherwise, the order will likely remain effective until the divorce is settled.
If you and your spouse agree that you would like to stop the divorce and restore the marriage, you may ask the court to dismiss the divorce after the papers have been filed.
If the summons has not been answered, the spouse who filed for divorce can file the dismissal form. If a response has been filed, both spouses are required to sign the dismissal form.
If you are considering a divorce,Â talk to an attorneyÂ to learn more about the process. An attorney can guide you through divorce issues, such as property division and a child custody arrangement. You may also be able to establish a protective order and other preventative measures prior to your divorce if need be.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
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