When you want to get divorced but your spouse does not want to end the relationship, you might be worried that your spouse can prevent your divorce case from moving forward or being finalized if your spouse will not sign the divorce papers. It is important to understand that, while an agreement on the divorce may speed up the process, Michigan divorce law does not require both spouses to be in agreement that the divorce should happen in order for a divorce to be granted. Our experienced Michigan divorce lawyers can assist you with your case, and in the meantime we can provide you with more information about getting divorced when your spouse refuses to sign the divorce papers.
You should know that Michigan is a no-fault divorce state, which means that neither spouse is required to prove fault in order for a divorce to be granted, and the parties do not have to agree that a divorce is what both parties want. Rather, the spouse who files for divorce is only required to allege that there has been a breakdown of the relationship, that the marriage is broken, and that no efforts could possibly be successful in fixing it.Â
The statute expressly states that no other reasons need be given in the complaint. As such, there is no need to prove that one of the parties is responsible for the divorce, or that a specific event occurred in order for the divorce to be granted.
Once a spouse files for divorce, the other spouse (the defendant) will be served with divorce papers. Michigan law clarifies that the respondent can either admit or deny the grounds posed for divorce. While an admission can be considered by the court, it does not take away from the petitionerâ€™s complaint for the respondent to deny that the marriage has broken down.Â In other words, the court can consider whether the spouse who was served with divorce papers agrees that the breakdown of the marriage relationship has occurred, but the other spouseâ€™s willingness to admit that will not make or break the courtâ€™s decision to grant the divorce.
In fact, Michigan law makes clear that, once a spouse shows that the marriage is broken and the parties are unable to reconcile, the court can grant the divorce. This can happen regardless of whether the other spouse filed an answer after receiving divorce papers or agrees that the marriage should end.
Do you want to file for divorce but you are concerned about how your spouse will respond? Are you worried that your spouse will refuse to sign the divorce papers if you file? You should remember that you do not need your spouseâ€™s permission to file for divorce or to get divorced in Michigan. An experienced Michigan divorce attorney at our firm can begin working with you on your case today. Contact Lucido & Manzella, P.C. to learn more about the services we provide to clients in divorce cases in Michigan.
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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