If your spouse has filed for divorce, and you don’t want the divorce, you wonder if you can oppose the divorce. In Michigan, the answer is NO.
As Michigan is a no-fault state, only your spouse needs to assert that there has been a breakdown in the marriage to be granted a divorce. The specific requirements to which someone can be granted a divorce in Michigan is detailed in MCL 552.6(1) which states that there has been a breakdown of the marriage with no reasonable likelihood it can be preserved.
When your spouse signs the complaint for divorce, they state under oath that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. When your spouse attends the final hearing, they will reaffirm that statement under oath again. Therefore, there really is no effective way for you to disprove that there has not been a breakdown in the marriage to present granting your spouse’s request for a divorce.
REFUSAL TO TAKE ACTION
Some people in the midst of a divorce believe if they remain silent, take no action, avoid service of the divorce documents, or fail to file an answer to the complaint for divorce, they can prevent their spouse from proceeding with the divorce. On the contrary, if you take no action, the divorce process will still move forward, and your spouse will be granted a default divorce. If you fail to respond to the complaint for divorce, the court will grant your spouse’s request for divorce, and potentially grant them what they are requesting. This means you have no say in the outcome of the case, as you refuse to participate. So, the only thing you will accomplish by refusing to have a voice in your divorce case will be giving up your right to seek terms that would benefit you.
WHAT YOU SHOULD DO
Take action…protect your rights, even if you don’t want the divorce. Even though you may disagree with the divorce, this doesn’t mean you can’t oppose the terms of the final outcome of the divorce as it relates to child custody, parenting time, spousal support, and the division of marital assets and debts.
PROVIDING SOLUTIONS FOR FAMILIES. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.
At Schmitt Law, PLLC, we understand that filing for divorce can be an emotional and confusing experience. That’s why we are committed to providing personalized service to each client we represent, and will be with you through this difficult journey. At Schmitt Law, PLLC we encourage clients to take a more collaborative approach to divorce that promotes positive communication and cooperation. Through mediation or the collaborative divorce process, Laurie guides her clients through amicable divorce settlements so they can move forward with their life.
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. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.