Does a spouse have to agree to a divorce in Clinton County, Michigan?
If a spouse in Michigan does not agree to a divorce, while they can slow the process down a bit, they can’t exactly stop it from unfolding. Michigan is one of many states that allow for no-fault divorces. This means that an individual can file for divorce and cite 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 likelihood that the marriage can be preserved” [Source: Michigan Revised Statute §552.6].
If a spouse decides to use this as their reasoning for filing for divorce in Michigan, the law states that they do not have to provide any other explanation than what is stated in the statutory language listed above. Therefore, if an individual decides they no longer want to be married, even if their spouse does, the court may award it if the individual who is filing can prove there has been a breakdown in the marriage.
What factors can cause the divorce process to become delayed?
If a spouse doesn’t agree to getting divorced, he/she can deny there has been a breakdown in the marriage when replying to the petition for divorce they were initially served with. The court will consider this when making its determination on how to proceed forward. In addition to this, some other factors that can cause the divorce process to slow include:
- The spouse who was served refuses to come to an agreement on one or more issues. During the divorce proceedings, certain issues such as division of assets, child custody, child support, and alimony must be agreed upon. When one or both parties cannot come to an agreement or refuses to do so, it can cause the divorce proceedings to drag out. This is often one of the most common reasons why divorces delay in getting settled.
- The defendant (i.e. the spouse who was served) frequently asks for extensions on court dates. Under certain circumstances will the court push a court date back if an individual has a valid reason for requesting it.
Hiring a Clinton County, MI Divorce Attorney When the Divorce is Contested
Generally, if a spouse doesn’t wish to go forward with the divorce process, he/she may try and stop it by refusing to agree to one or more issues. When this happens, the divorce is considered to be a “contested divorce” which is often the more difficult type to get through. If an individual knows their spouse is not going to agree to the divorce or any of the pressing issues that must be addressed during the proceedings, they should hire a Clinton County, MI divorce lawyer to represent them.
The Law Offices of Stuart R. Shafer, P.C. is a family law firm located in Michigan that can assist with an array of legal matters including divorce, child custody, and even child support. To connect with a lawyer and find out how they can help an individual navigate through the divorce proceedings with more ease, contact the Law Offices of Stuart R. Shafer, P.C. today.
The Law Offices of Stuart R. Shafer, P.C. can be reached at:
1223 Turner Street, #333
Lansing, MI 48906