In the time since you filed for divorce, certain circumstances might have changed. You may no longer want to proceed but remain unsure how to request that the court dismiss your case. Understanding Michigan’s requirements can clarify what to do next.
Options for a pending divorce
Michigan law provides three routes for dismissing a divorce case before final judgment. Each applies under different circumstances:
- Notice: You may proceed without your spouse’s consent if they have not served you with an answer or a motion for summary disposition.
- Stipulation: You and your spouse can sign this document when you both agree to end the case. No court order is required.
- Court order: You must seek judicial approval once the notice is no longer available and your spouse will not sign a stipulation.
Before a notice or stipulation takes effect, you must pay any required court costs. You submit the completed document to the circuit court handling the divorce.
Restrictions after service of a response
Your ability to use a notice ends when your spouse serves an answer or a motion for summary disposition. After that point, you must obtain either a signed stipulation or a court order.
A counterclaim may keep the case open even when you seek to withdraw your complaint. If your spouse files one before receiving your motion to dismiss, the judge cannot grant dismissal over their objection unless the remaining request can proceed separately.
Once the court enters the final divorce order, voluntary dismissal is no longer the proper procedure because the ruling has resolved the pending claims. Challenging the result requires an appropriate motion or appeal. Each procedure has separate filing requirements and deadlines.
Effects of ending the case
A voluntary dismissal in Michigan is generally without prejudice, so it does not bar you from bringing the same claim in the future. If the notice, stipulation or court order closes the case with prejudice, however, that option is no longer available.
If you decide to pursue a divorce again, you must begin a separate action. This means submitting another complaint, serving your spouse and completing the applicable waiting period before the court can enter a judgment.