QUESTION
Can someone get a divorce on the grounds that their spouse made them pay money to get their belongings back?
Asked on Jul 21st, 2012 on Divorce - Michigan
More details to this question:
My brother divorced his wife of 5 years and married a woman 2 months later. Now he wants a divorce from her. They have no children or property together. She told him she was pregnant but that was a lie. He moved out, back to his apartment and she held his things until he signed a notarized paper stating that he must pay her $25,000. Will a judge grant him a divorce on those grounds? She said she will contest the divorce on those grounds. He lives in Detroit.
9 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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Since Michigan is a "no fault" divorce state, the statutory grounds for a divorce is a recital in the complaint that is filed "there has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved".
There is no legal defense available to a party to a marriage that doesn't want a divorce. If he signed a promissory note for $25,000 that note might not be enforceable if it was signed under duress or based upon false information.
If there is marital property to be divided fault of the parties could come into play but in a 2 month marriage this is not likely. Your brother should file as quickly as he can hire a lawyer to prepare and file the complaint for him.
Answered on Aug 23rd, 2012 at 9:58 AM
Michigan is a "no-fault" divorce state. The only "proof" required for grounds is your brother's testimony that the marriage has broken down to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. The notarized "statement" may be enforceable in a separate civil action, but is irrelevant to the 'grounds" for divorce. She can't stop a divorce if your brother says the statutory grounds as set out above.
Answered on Aug 14th, 2012 at 11:44 PM
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Clos, Russell & Wirth, P.C.
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Michigan is a no-fault divorce state. No grounds need be proven in order to obtain a divorce. As long as one of the parties married no longer wishes to be married, then the court can grant a divorce. The real question here is whether or not your brother is bound by a written settlement agreement to pay his wife $25,000.00. He should consult with an attorney.
Answered on Aug 13th, 2012 at 8:10 PM
Leonard A. Kaanta
There is only one reason for divorce in Michigan: That bonds of matrimony have destroyed and exists no reasonable belif that they can be repaired.
Answered on Aug 13th, 2012 at 8:00 PM
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Dungan, Lady & Dunga, PLLC
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Michigan is a no fault divorce state, you can get divorced for any reason or no reason at all. She can't contest the divorce, if he wants one, there's going to be one. She can argue about property division, but he will be a single man at the end.
Answered on Aug 13th, 2012 at 6:48 PM
Dennis P. Mikko
Michigan is a no-fault divorce state. You do not have to show fault to obtain a divorce. Since a divorce is an equitable proceeding, depending on how long your brother was married, he may not have to pay his wife anything. There appears to be nothing for her to contest. If it was a short term marriage most likely the parties will be put back in the position they were in prior to the marriage. Neither will be able to obtain a windfall from the other.
Answered on Aug 13th, 2012 at 6:48 PM
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James T. Weiner, P.C.
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Michigan is a nofault divorce state.
You do not need a reason to get divorced. You only the will to get divorced. A spouse cannot block a divorce. the spouse can only affect the property settlement which in this case would be nothing. Further, I doubt if any court would enforce the $25,000 promissory note it was procured through fraud and duress.
Answered on Aug 13th, 2012 at 6:09 PM
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Musilli Brennan Associates, PLLC
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You brother needs an attorney. He was foolish when he signed the promise to pay $25,000 and that will have to be dealt with. As for a divorce following a six month marriage, this is a no fault state and there are no "grounds" required for a divorce other than one or both of the parties no longer wish to remain married.
Answered on Aug 13th, 2012 at 6:03 PM
Theodora B. Fader
The only grounds needed to get a divorce are that there has been a breakdown in the marriage relationship to the extent that the bonds of matrimony have been destroyed and there is no reasonable likelihood that the marriage can be preserved. Michigan is a no-fault divorce state. That being said, the law and procedural rules that otherwise relate to divorce must be followed and your brother should consult an attorney to assist him with pursuing a divorce.
Answered on Aug 13th, 2012 at 6:03 PM