Is It Possible For One Spouse To Prevent The Granting Of A Divorce?
No, it is not possible for one spouse to prevent the granting of a divorce. People may have different reasons for not wanting a divorce such as religious beliefs, or practical considerations like health insurance and other issues. In these situations, it is possible for the parties to agree on a legal separation.
We often hear "I don't want a divorce", or "I should not have to go through this process". Unfortunately, there is no way to prevent the ultimate granting of a divorce if the other spouse files for divorce.
Are There Benefits To Filing For A Divorce First?
Yes, there are benefits to filing first in a divorce situation. A divorce case is a lawsuit and not a joint venture under Michigan state law. The person that files the lawsuit first is the plaintiff. Under Michigan's legal system, there are advantages to being plaintiff as opposed to the defendant.
For example, if there is a hearing or trial, the plaintiff will present their evidence first and would have those types of advantages during any legal proceeding. The plaintiff also has more control from the beginning because they know exactly when the case has been filed, usually before the defendant is aware.
Additionally, Michigan courts allow the plaintiff to request a court order day one in conjunction with the divorce case being filed. The court will sign what is known as an ”ex-parte order (Latin for "without a hearing") which can establish ground rules and make preliminary decisions in the divorce matter and the defendant must comply. Once these decisions are made, they can be difficult to undo later.
For example, if there are minor children, the court can sign an ex-parte order at the beginning that establishes custody, parenting time and child support, including child support amounts. This court order is signed by the judge and entered with the court. The defendant is then bound by this court order even though they had no say in it, and had not presented their side of the story.
The court will also sign what is known as a mutual restraining order against property. These court orders can freeze bank accounts, and take action on other financial accounts and other financial matters.
There are also many other examples of court orders signed at the beginning of a divorce case that can have a major impact and repercussions to the defendant in the case. The plaintiff has control over the substance and the timing of these court orders.
If you're preparing for divorce, call The American Divorce Association for Men for a FREE initial telephone consultation at 248-356-ADAM (2326), and get the information and legal answers you're seeking
About ADAM (American Divorce Association for Men)
The American Divorce Association for Men (ADAM) is a group of highly qualified attorneys who advocate for men’s rights in divorce, child custody and parenting time, paternity, support, property settlement, post judgment modifications, and other family law matters. Since 1988, ADAM has been aggressive, diligent, and uncompromising when representing their clients. A team of compassionate and skilled family law attorneys, ADAM is dedicated to being Michigan’s leading divorce attorneys for men.