If I am in a “no fault” state, what if my husband does not agree to the divorce?

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If I am in a “no fault” state, what if my husband does not agree to the divorce?

I have been with my husband for 23 years. He is not working and is an addict. I have put up with this for as long as I can.

Asked on November 8, 2010 under Family Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The spouse that files the court action is the “Plaintiff.” The Plaintiff files a “Complaint” which asks the court to grant an order.  The complaint contains the names of the parties, the date of marriage, separation, relief requested, and background of the case, etc. The other spouse is the "Defendant". The Defendant receives a summons notigyming them that a suit has been filed and that he/she has 21 days to respond. If the Defendant does not respond, he/she is in default and the case may continue without further notice to them.

If the Defendant files a response with the County Clerk's office, the case is contested.  If the parties can agree then they may enter into an order called a "stipulated order".  This order can include any divorce issues. A judge typically will enter this order because the parties are in agreement.  If the parties cannot agree on any issue(s) then either party can bring a motion to the court seeking relief. The Court will then make a decision regarding the issue and enter an order (it can also order a hearing in which testimony can be given to better decide that issue). Once the Court enters an order, then the orders will be binding between the parties until the final Judgment of Divorce has been entered. If either party violates an order then they may be brought back to the Court to show cause why they did so and possibly be held in contempt.


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