If I file a complaint for divorce in the State of Michigan, can I change my mind afterwards? Does the case move forward even though I no longer want to pursue a divorce?
In Michigan, if the Judgment of Divorce has been signed and entered by the court, the divorce has been finalized and the parties cannot “reverse” the divorce. The only option would be for the parties to remarry.
If the divorce action hasn’t been completed, the divorce can be dismissed. If your spouse has not filed an answer to the complaint for divorce, you may motion the court to dismiss the case.
If your spouse has filed an answer to the complaint for divorce and counterclaim for divorce, then both parties need to agree to dismiss the divorce. This is a very easy process as it only requires a stipulated order to dismiss to be entered with the court. You would draft the stipulated order to dismiss the action, both of you would sign it, and then present the stipulated order to dismiss to the judge for their signature.
A stipulated order to dismiss is required because it shows the court that both parties agree to dismiss the divorce action. Once an answer to the complaint for divorce and counterclaim for divorce has been filed, both parties have asked the court for relief, and the divorce action cannot be dismissed without the other party’s consent.
Once the judge signs the stipulated order to dismiss the action, the case is closed with the court. Parties wishing to dismiss the divorce action should understand that once the judge signs an order dismissing the divorce action, the case is closed with the court. If in the future either party wishes to seek a divorce, they would be required to file a new action and pay a new filing fee.
It is important to note that the responding party in a divorce action cannot request to have the divorce action dismissed, as it requires the filing party to agree to the dismissal. If you file for a divorce, and your spouse wishes to have the divorce action dismissed, they cannot unilaterally have the case dismissed with the court unless you provide your consent to the court.
To summarize, a divorce action can be easily dismissed if both parties consent. But it cannot be dismissed by the responding party without the consent of the filing party.
Experienced Divorce Attorney
We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.
To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or, contact us online to arrange a consultation.
