Divorce and Marriage Law

If a man wants a divorce but his wife does not what will happen in the state of Michigan if she contests the divorce?

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July 14, 2009 6:57PM

Michigan is a no-fault state. This means that you do not need to plead any grounds for divorce beyond the statutory words (i.e. 'There have been a breakdown...'). This also means that since you do not need to contest grounds for divorce there is never a trial held for the matter of the divorce itself. Simply, the divorce will happen, no matter what, even if the other party never responds to it. What the other party can contest, however, is the division of property and debts as well as custody of the children. In a divorce, all of the delay comes from dividing property and the children, and when there is a trial it is entirely about what property is marital property and marital debts and how those are divided. However, while Michigan is a no-fault state the relative fault of the parties in causing the divorce (e.g. adultery, abuse, etc.) can be a factor in divising property and can effect custody. But while this might change the relative allocation it will in no way stop the divorce from happening.