Divorce can be an overwhelming experience in every way. One of the biggest concerns you may have when filing is whether or not you have to secure approval from your spouse for the court to process the divorce. It is important to understand whether you can get a divorce without your spouse’s consent and your legal rights and options during the process. For more information and to obtain skilled representation during your case, reach out to an experienced Farmington Hills divorce lawyer today.
Is Michigan a No-Fault State?
Michigan is a no-fault divorce state, meaning that a spouse does not need to prove that the other party is at fault for the breakdown of their marriage. Instead, either spouse can file for divorce on the grounds that the marriage has broken down irretrievably. This allows a spouse to begin the divorce process without having to prove wrongdoing or get the other spouse to agree.
Can I Get a Divorce in MI Without My Spouse’s Consent?
Yes, it is possible to get a divorce in Michigan without securing consent from your spouse. You can generally get a divorce without your spouse’s permission in two different ways: by filing a no-fault divorce on the basis that there has been a breakdown of the relationship or through a divorce by publication.
How Can I File a No-Fault Divorce Without My Spouse’s Signature?
It is important to keep in mind that although it is possible to get divorced without your partner’s consent, you must still inform them of your intention to terminate the marriage. First, you must file a Complaint for Divorce with a Michigan court. The complaint outlines the basic information about the marriage as well as the reason you are seeking a divorce.
After the complaint is filed you must serve your spouse with the divorce papers. It is crucial that they are properly notified. The spouse who was served with the papers has 21 days to file an official response. If they fail to respond, the court may proceed with a “default divorce” as your spouse forfeited their right to contest the terms by neglecting to respond. The process will proceed as an uncontested divorce.
What is a Divorce by Publication?
Divorce by publication is another way to get a divorce without your spouse’s consent if they cannot be found. If you and your spouse have not seen or spoken to each other in a long time but are still legally married, it may be difficult to track them down to serve the divorce papers.
If you are unable to locate your spouse through diligent searches, the sheriff’s department, certified mail, or any other means, you may be able to get a divorce by posting a notice of your intention in the newspaper. If after three weeks your spouse has not responded, the court can proceed with the divorce without them.