Monday, August 20, 2018

Can I Get Divorced if My Spouse Does Not Want to?

Yes. Michigan is a no-fault state, which means that a party can file for divorce for any reason at all. The other party cannot prevent entry of a Judgment of Divorce.

Sometimes a spouse will not participate in a divorce proceeding, especially when they do not want to get divorced. Michigan law permits parties to divorce even if one party fails to participate. This generally means that the other party does not have any input regarding property division, support, custody and parenting time.

The default process can help expedite your case, but you will have to follow very specific procedures in Michigan Court Rule 3.210(B) in order for a Court to grant your divorce. The failure to follow the procedures could result in a dismissal of your case.

For answers to your specific questions regarding divorce and the default process, contact us at (313) 962-4600.

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