A divorce is the legal dissolution of a marriage by a court or other competent body. In order to be able to obtain a divorce, you must meet all of the prerequisites in terms of residency before you can even file for divorce. However, just meeting the requirements to file for divorce is not enough. In order to successfully obtain a divorce in Michigan, you must convince a judge in a family court that your marital relationship has broken down beyond repair and that there is no chance of reconciling. Some judges will be satisfied with a simple yes or no answer to this question from the parties involved. There are many elements to a divorce and that creates questions. In this blog, we will be going over common questions asked about divorce.
Do you need to tell your spouse you want a divorce?
An important thing to note is that both spouses do not need to participate in the divorce proceedings. While the person filing for divorce has to provide notice to the other spouse, the other party does not have to respond in any way unless they wish to contest some issue of the divorce. The other spouse’s permission is not required, and they cannot simply forbid it. In order for the other spouse to prevent the divorce, they must make their own demonstration to the judge that an irreconcilable breakdown in the marriage has not occurred. It is in your best interest to try to get an uncontested divorce so talking with the other party may benefit you.
If my spouse has served me with divorce papers, how should I respond?
Technically you don’t have to respond at all. Given that Michigan is a no-fault divorce state, your spouse can see through their divorce from you without any input from you unless you either challenge the divorce or have children. If you wish to challenge the divorce, then you must file an answer which challenges the assertion that the marital relationship has irrevocably broken down.
The complaint from your spouse also contains your spouse’s initial claims in terms of custody, spousal support, and child support. If you agree with their idea to get divorced, but disagree with these claims, then you must file a counterclaim. If you fail to respond, you run the significant risk that the judge will grant all of your spouse’s requests. However, filing a counterclaim may create complications if you decide not to get divorced later.
What if I change my mind?
That depends on the circumstances. If you were the spouse who originally filed for divorce, then you can end the process on your own unless your spouse filed a counterclaim or the process has continued for too long. Otherwise, all you need to do is head to the clerk of the family court and ask for the form to end the divorce process. If you have allowed the divorce process to continue to such an extent that you and your spouse are subject to a motion granted by the court, or if your spouse has filed a counterclaim, then you need the written consent of your spouse to discontinue the divorce process; Otherwise, you risk your spouse getting awarded everything they asked for in their counterclaim because you stopped arguing your side of the case and handed them a victory be the default.
Conclusion
Michigan is a no-fault divorce state. That means that you do not have to show any wrongdoing on the part of your soon-to-be former spouse. Just the basic requirement is all that you need. However, the fault may become relevant if any aspect of the divorce is contested. If there is fault with one of the parties, and the judge decides to consider that fault in the divorce judgement, that party may get a less favorable outcome in terms of division of assets, alimony, or child custody.
Divorces and family law can be challenging and getting the right attorney is half the battle. Get the right information with Goldman and Associates, read more of our blogs and check out our Youtube channel that has over 400 videos relating to everything family law. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.
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