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Such a divorce is known as a contested divorce. The grounds for divorce without consent apply to both husband and wife. The parties must have been living separately for at least a year before they can apply for a divorce.
In Michigan, you may be relieved to know, the short answer is no. If one spouse wants a divorce, the other spouse cannot prevent it. If your spouse refuses to participate in the process, your divorce can be finalized within a matter of months.
Unopposed divorcesAn uncontested divorce can arise in two instances, the first being a situation where the sheriff has served the summons, and your spouse fails to defend the action. In this instance, the court may grant you a decree of divorce by default.
No, from a legal perspective, it does not matter who files first for divorce in Michigan. However, filing first does present an opportunity for the initiating party to request various orders to the court before your spouse is notified of the divorce proceedings.
There are several ways you can have your initial divorce papers served, but you cannot be the one to serve the papers. You can ask a friend or relative to serve the papers, or you can pay your local sheriff's department, police department, or a process server.