A divorce can properly be postponed since some procedures take longer than others. Due diligence is required throughout some processes, which could delay their completion. What should I do if my ex is delaying our divorce?
Click here to watch the video on What Do I Do If My Ex Is Stalling The Divorce Process In Michigan?
There may be unlawful reasons. These are deliberate attempts by the other side to stall the processes. You can ask your lawyer to investigate it. Ask your lawyer to file the required motions to punish the opposing party if you believe the stalling is intentional. However, the court does not view these stalling tactics favorably.
Some Legitimate Reasons for Delays
When you start off, you need to find out if you can actually file a divorce in Michigan by validating your residency.
Before filing, at least 180 days must have passed since you or your spouse last resided in Michigan. A divorce must be filed in a circuit court in the county where you or your spouse have resided for at least 10 days prior to filing. However, you are not required to file in your county of residence. If your spouse resides there, you can file there.
After you file your complaint, there’s a required time for the other party to respond.
Divorce hearings must take place one year after the complaint is filed. In other words, a couple has a year to try and resolve their conflicts through negotiation or mediation. After this window for negotiation or mediation, the court will now proceed with division of marital assets, child support payments, child custody and parenting time, spousal support, and other issues. Each of those mentioned are already contentious on its own and will consume a lot of the court’s time.
The divorce cannot be finalized until both you and your husband attend a hearing, even if it is uncontested. If your combined petition and request for a consent order were received, the court clerk should schedule the hearing for you.
You must wait at least 60 days after filing your divorce papers before the hearing date. The required waiting period for divorce is often six months if you have minor children. However, you might argue that it would result in an “exceptional hardship” or that you have another compelling reason to complete your divorce sooner in order to get a waiver of the longer waiting time.
Divorces including arguments frequently take longer than six months—up to a year or more. The time required to obtain your final divorce decision in these circumstances depends on how long it takes the parties to settle their differences, how many court sessions are required, and whether they ultimately have to go to trial to have a judge settle their differences.
Regardless of the drama and issues in between the parties, the court will eventually make a ruling on the issues mentioned.
Some Of The Reasons Your Spouse Is Stalling
The other party may have reasons to delay or totally stop the divorce process.
One reason and probably the simplest is the other party doesn’t really want a divorce. Some people simply don’t want their marriage to end, and they hold onto the notion that, given a little more time, they would be able to save their marriage. This argument for postponing divorce may be the least deceptive; some people find it difficult to let go or honestly believe they can still salvage their marriage.
Your partner is acting in a resentful manner. Other spouses are enraged by the divorce and wish to watch their partner suffer through a protracted procedure for months or years. Delaying the divorce procedure is one way for these husbands and wives to feel in control because they typically believe that they have little control over the issue.
Your partner is fiddling with money. The most malicious justification for delaying a divorce is when your spouse is attempting to hide assets, increase your attorney fees, deny you support payments, leave you without a place to live, or run up your attorney fees. Additionally, these partners frequently fight tenaciously to prevent you from collecting your just settlement.
Every step in the divorce process provides some limited opportunity for the other party to stall the progression of your divorce case. We’re saying limited simply because the court will eventually put its foot down and will drive the calendar of the divorce case within the timetable set by administrative orders governing the process of divorce. It’s worthy to mention what opportunities are available to the other party.
The other party may just decide not to keep their word.
The parties to a divorce typically make verbal arrangements of some form, such as who will live in the house or which funds would be used for costs. A verbal agreement could be abruptly abandoned if one spouse wants to put off the divorce, creating new problems.
Forcing you into a legal position to file motions.
By withholding assets or employing other cunning strategies, your spouse can stall the divorce process, requiring you to file motions in order to get correct financial data on him or her. This process could take a while if your partner is uncooperative.
Making false accusations.
In a particularly contentious divorce, your ex-spouse can accuse you of abuse or child neglect and seek a protection order against you. This might make child custody and divorce more difficult.
Using the discovery process for stalling.
During discovery in the divorce process, it is common for both parties to request proof, however some spouses may prolong the process by submitting several motions and requests. The process is such that you are always obligated to respond to the other party. Suddenly, you are required to provide vast volumes of information, which slows down the process.
A seemingly endless request for continuance.
Your spouse may request a new date for the hearing by informing the judge that he or she did not have enough time to prepare. Your spouse might be able to merely claim they have not yet sought legal counsel, whereas you need a legitimate reason to request a continuance.
It is just important to note that the court will only tolerate these stalling to a point. Once the court has covered most of the most contentious elements of the divorce process, it will make sure it will get to the divorce judgment expeditiously.
The Ball Is In The Court
Divorce hearings must occur one year after the complaint is filed, according to the administrative orders setting the standards for circuit court judges in Michigan. To put it another way, a couple gets a year to attempt and settle their differences through mediation or negotiation.
The judge will then probably issue a summons for both parties to present their cases in court. The judge will subsequently decide on the divorce’s final conditions. Depending on how busy the court is, the trial procedure may continue for another six months or more.
Conclusion: It is reasonable to anticipate a Michigan divorce should be concluded in less than two years, even with the most stubborn spouses.
The fact of the matter is that in Michigan, your spouse cannot prevent you from filing for divorce. You do not need your spouse’s consent or proof of marital infidelity to secure a divorce in Michigan because it is a no-fault state. Regardless of how much your spouse desires to remain married, you are not obligated to do so.
What Can I Do If My Ex Is Stalling?
Your spouse can’t really stop the divorce proceedings, they can delay or stall it although not indefinitely. There are many ways to get around these stalling tactics but let’s focus on the ones with most effect on the general direction of your case or what we can consider the critical path to concluding the case.
[1] Make sure you do the filing right the first time. Make sure you complied with the residency requirement and the filing in the right court of jurisdiction.
[2] Use a process server or another delivery service to have your spouse receive the divorce petition.
[3] If you can’t find your spouse to send them the petition, request the court’s approval to publish the notice in a newspaper or other publication.
[4] Observe a waiting period of 60 to 180 days, depending on whether you and your spouse have children together, for the court to finalize the divorce
[5] Comply with the waiting period. If you and your spouse have children together, there is a waiting period of 60 to 180 days before the court can declare your divorce as final.
[6] Wait until the customary period of time has passed before requesting a default judgment, during which your spouse has 21 to 28 days from the day you delivered the papers to reply.
[7] Talk to your attorney so you can talk about things you need to anticipate especially when you know who you’re dealing with. Yes we’re talking about your spouse. The other party in your divorce case.
You must submit your papers for a divorce in Michigan to the family division of the circuit court, often known as a “trial court,” in the county where either spouse resides. You may need to submit your documentation electronically to some Michigan courts. To find out the criteria in the county where you’re filing, speak with your local court clerk.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.