It can seem overwhelming when spouses realize it may be time for a divorce. Many decisions need to be made regarding splitting property, dividing debt, and deciding which spouse will move out. However, the process can become even harder if your divorce is denied in Michigan. At Lucido & Manzella, P.C., we’re here to help couples divorcing in Michigan understand if their divorce can be denied and how to proceed.
It’s important that Michigan couples understand how divorce is handled in their state. Some states are considered fault states, meaning that individuals can claim which spouse is responsible for the end of the marriage. This can usually be accomplished by proving wrongdoing, such as infidelity or abuse. In these instances, fault can affect how a court decides on factors such as property division and alimony. Opposite of this, Michigan is a no-fault state, meaning that couples don’t have to prove who’s responsible for the end of the marriage, but can simply state irreconcilable differences as the grounds for divorce. In some cases, the court will need to verify that the couple had these differences, which can be achieved in several ways. For example, if a couple has lived apart for at least six months, many courts consider this proof that they had irreconcilable differences.
Michigan is a no-fault state, meaning courts will not consider any wrongdoings that either spouse has committed to determine if they’re eligible for a divorce. One spouse can simply state that the couple had differences, which is enough to begin the divorce process. Since Michigan is a no-fault state, only one spouse must request the divorce. Additionally, even if a spouse disagrees with the divorce, this will not stop divorce proceedings, and the divorce can still be finalized. Thus, Michigan can’t deny a divorce because both spouses don’t agree or one is found at fault.
Michigan will typically not deny your divorce; however, your case may be dismissed on certain grounds. If a spouse refuses a divorce, which includes not responding to the initial divorce summons, the court will still establish divorce proceedings based on the documentation of the spouse requesting divorce. The refusal to respond will not impact whether Michigan denies your divorce, as they only need one spouse’s request to proceed. However, if a spouse disagrees with many aspects of the divorce, such as child custody arrangements and property division, it can greatly slow down divorce proceedings. This doesn’t mean, however, that your divorce will be denied, but it will take longer to work out the disputes that couples have.
If couples reconcile their differences, Michigan does permit them to dismiss their divorce, meaning that the filing spouse can withdraw their original divorce petition. In this sense, Michigan can deny your request for divorce if both parties agree that they do not wish to proceed with the divorce.
If you have questions about divorce proceedings in Michigan, contact our team today. We will help you properly prepare for your divorce and advocate for you during each step of the process.
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.
Mr. Manzella represents businessman William Weber, who admitted to falsifying an invoice at ex-Macomb prosecutor Eric Smith’s request. He pleaded guilty to misdemeanor charges of conspiracy to commit a legal act in an illegal manner, with felony offenses dismissed during the sentencing.
L’Tonya Marie Payne, a 51-year-old black woman, is facing misdemeanor assault charges following an altercation. The complaining witness, who is white, stated the police would not believe Ms. Payne due to her skin color. Attorney Vince Manzella is working alongside Ms. Payne to fight these allegations, as she was arrested simply on the basis of the witness’s word.
Joseph Wolf, former director of the Detroit Stars, was sentenced to two years of supervised probation. Wolf pleaded guilty to embezzling funds from the nonprofit youth baseball league. Typically, the felony count can result in up to 10 years in prison, a fine of $15,000, and other charges, but Lucido & Manzella, P.C. was able to help the client receive a reduced sentence.
Charles Frontera, a former Roseville city councilman, was sentenced to a year of probation after a misdemeanor charge was dismissed at sentencing. During a pretrial conference, Mr. Frontera pleaded guilty to substance possession, and in doing so, Attorney Manzella was able to protect the client from severe charges.