Divorce mediation works best when both parties participate in good faith. However, the process often stalls if one spouse skips sessions, delays paperwork or refuses to negotiate. This lack of cooperation can prolong the divorce and increase your costs. Fortunately, Michigan family courts have several tools to keep your case moving.
How Michigan courts address a lack of cooperation
Courts have discretion in how they respond and the right tool depends on the situation. These mechanisms include:
- Compelling financial disclosures: Your attorney can use formal discovery requests, subpoenas and motions to compel. These require the other spouse to disclose assets, income and debts.
- Enforcing court-ordered mediation: If a spouse ignores an order to attend mediation, the judge can schedule a “show cause” hearing. The spouse must then explain to the court why they disobeyed.
- Ordering a settlement conference: If private mediation fails, the judge can order both parties to attend a settlement conference at the courthouse to encourage a compromise.
- Imposing sanctions and fees: A judge can order a spouse who repeatedly skips sessions or violates orders to pay mediator fees, attorney fees and other costs caused by the delay.
- Advancing the case to trial: Courts can require attendance, but they cannot force anyone to agree. If mediation fails, the case can move to trial, where the judge makes the final decisions.
- Considering custody factors: Michigan courts decide custody based on the child’s best interests. One factor is each parent’s willingness to support a relationship with the other parent. Refusing to cooperate can weigh against a parent.
To protect your interests, keep records of missed appointments, unreturned messages and late documents. This evidence helps your attorney show the court who is causing the delays.
How an attorney can assist
An uncooperative spouse can turn a simple divorce into a long and stressful dispute. In these situations, a Michigan family law attorney can be essential. Your lawyer can file motions asking the court to enforce its orders, communicate with your spouse’s counsel on your behalf and safeguard your finances from unfair tactics.
Your attorney will keep pursuing a fair settlement while preparing your case for trial. With skilled representation, you can stay in control of the process and protect your long-term interests.