[MI] Can I file for legal separation without my spouse’s signature if they refuse to sign the paperwork and I have no income?

Lexi, Chatbot

I understand that navigating a separation can be very challenging. Have you and your spouse discussed the terms of the separation, or is there a specific reason he is refusing to sign?

Lexi, Chatbot

Are there any children involved in this separation that need to be considered?

Benjamin

Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I understand you’re dealing with a situation where you want a separation from your spouse, but he refuses to sign the paperwork. You’ve been a homemaker for over 16 years and have no income, which adds to the complexity. Could you share more details about any specific concerns or questions you have regarding this situation? What state are you in? Are you sending him a legal separation agreement or a divorce?

Benjamin

You can file for legal separation (also called separate maintenance) without your spouse’s consent. His refusal to sign does not stop the case. (MI Comp L § 552.7) What you file:

• A Complaint for Separate Maintenance (Legal Separation)
• Filed with your county Circuit Court
• You become the Plaintiff; he is the Defendant

Once filed, he must be served with the papers. If he refuses to participate, the court can still proceed. Michigan law allows a judge to convert a legal separation case into a divorce if either spouse requests it during the case. (MI Comp L § 552.7) So even if you request legal separation, your husband could later ask the court to convert it to divorce. Practically speaking, the procedures and financial outcomes are very similar.

If he ignores the case:

1. You can request a default judgment
2. The court may grant separation and support based on your evidence (MI Comp L § 552.7)

If he contests:

1. The court schedules hearings
2. A judge decides property division, support, custody, etc.

Either way, his consent is not required.

Benjamin

Michigan allows you to request a fee waiver so you do not have to pay the filing fee. You file:

• Fee Waiver Request and Order (Form MC 20)

You list:

• No income
• No assets
• Homemaker
• Living off spouse

If approved:

• No filing fee
• No motion fees
• No service fees

Judges approve these routinely when someone has no income.

Benjamin

Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. Thank you and have a wonderful day!