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Michigan Family Law Blog

How Can I Divorce My Spouse When They Don't Want a Divorce? - Cameron

Posted by Cameron Goulding | Oct 07, 2020 | 0 Comments

Your spouse cannot stop you from getting a divorce in Michigan. You do not have to get your spouse's consent or prove marital misconduct because Michigan has no-fault divorce. No matter how much your spouse wants to stay married, you do not have to remain in the marriage. A Michigan divorce attorney can help you get a divorce so that you can move forward with your life.

No-Fault Divorce in Michigan

No-fault divorce does not require witnesses to provide grounds for the judge to dissolve the marriage. If you want a no-fault divorce in Michigan, you have to allege in your divorce petition that the marital relationship is irretrievably broken and there is no reasonable likelihood that it can get restored. You will have to confirm that fact before the judge will grant the divorce.

Tricks Your Spouse Might Try

If your spouse does not want the divorce or wants to make your life difficult, they might try one of these tactics to make the judge doubt whether the relationship is over:

  • Delay moving out of the house so they can tell the judge that the two of you still loved together after the divorce got filed.
  • Find excuses to sleep over at your place, like pretending to be sick when dropping off the children.
  • Take you to dinner for a special day, like your birthday or a holiday, and try to seduce you. Many judges will dismiss a divorce case if they learn that the parties had sexual intercourse after the filing of the divorce.

Trust your instincts if you feel suspicious about something your spouse is doing during the divorce. It can be smart to talk with your lawyers about how to avoid situations that could give your spouse an argument that the marriage can be preserved.

What Happens If Your Spouse Refuses to Negotiate in Good Faith

People who do not want to get divorced often become obstinate, thinking that they can prevent the divorce if there is no settlement agreement. This tactic does not work.

If the parties do not resolve their issues amicably, the judge will make the decisions for them. People tend to be happier with terms that they chose rather than having a stranger impose the conditions they will have to live under for years.

Sometimes a judge will make the stubborn party pay some of the attorney fees of the other spouse, but this outcome usually requires outrageous conduct. A party is unlikely to get better terms by stonewalling than instead of negotiating in good faith.

Pro Se Divorce

Acting as your own lawyer in a lawsuit is called “pro se.” Many people try to handle their divorces on their own without a lawyer, only to regret it later, particularly if their spouse hires an attorney. You don't want to have to hire a lawyer to clean up the mistakes afterward. Doing that can cost more than if you had an attorney take care of your divorce from the beginning.

Some things cannot get changed once the divorce is final. Contact our office today to schedule a consultation. Our Michigan divorce attorneys can help you navigate through the divorce process and protect your rights.

About the Author

Cameron Goulding

A native of Oakland County, Michigan, family lawyer Cameron C. Goulding has been providing counseling and legal services of the highest caliber to individuals and families in Southeastern Michigan for over 24 years. Mr. Goulding grew up in Oakland County, Michigan and graduated from Birmingham G...


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