Can a Resistant Spouse Unreasonably Delay Divorce Proceedings?

 Posted on January 22, 2026 in Divorce

Most people, once they have concluded that divorce is inevitable, want the whole process to be over and done with as quickly as possible. But what happens if one spouse tries to unreasonably delay the legal process?

One spouse can definitely drag out divorce proceedings by contesting the divorce and endlessly bickering over settlement terms. But ultimately, they cannot stop a Michigan divorce from happening. At Elkouri Heath, PLC, our Novi, MI family law attorneys will do everything we can to keep the legal proceedings moving. We have decades of experience in divorce law, so we will not be deterred by a resistant spouse.

Why a Spouse Might Try to Delay Divorce Proceedings

There are many valid reasons why one spouse might fight hard over certain terms of a divorce settlement and take a long time to reach a reasonable compromise. However, a spouse may also employ delaying tactics with less worthy motives. Here are some common reasons that one spouse might try to stall out a divorce:

• They still hope to save the marriage.

• They have developed strong opinions about how the children should be raised, which are in direct opposition to their spouse’s beliefs. When a major rift of this sort has developed, child custody and parenting time decisions may take a long time to resolve.

• They are acting out of hurt, anger, or spite.

• They are deeply concerned about their future financial security and want to fight for the largest possible share of marital assets.

• They think they can use delaying tactics to put financial or emotional pressure on their spouse to agree to their terms.

• They are being pressured by their family or a new partner regarding certain settlement terms, such as spousal support payments.

It can be difficult to predict when and whether a given divorce will be subject to these types of stall tactics. In such situations, an attorney skilled in collaborative divorce and mediation can be helpful in uncovering the underlying motivations and finding a solution that works for both spouses.

How Do Resistant Spouses Delay Divorce?

A spouse usually cannot stop a Michigan divorce from happening. Still, a resistant spouse can slow the case down. The delay often comes from forcing extra steps, extra hearings, and extra waiting.

One common tactic is refusing to accept or respond to paperwork. A spouse may dodge service, ignore deadlines, or fail to return required forms. If the other side does not respond, you may need to file motions and ask the court for orders.

Another major source of delay is financial disclosure. Divorce requires information. That includes income, debts, bank accounts, retirement funds, and property records. A resistant spouse may provide documents late, provide incomplete records, or claim items do not exist. The other spouse then has to request more information, schedule depositions, or issue subpoenas. Each step takes time.

Scheduling issues also matter. Courts have crowded calendars. If your spouse repeatedly raises disputes, the next available hearing date may be weeks away. The delay can feel endless, even when you are doing your part. For this reason, spouses are often encouraged to handle their divorces through alternative means like mediation or negotiation.

Sometimes the delay is not purely strategic. It can be emotional. A spouse may be in denial, angry, or afraid of change. He or she may agree one week and reverse course the next. That pattern makes settlement harder. It also increases the chance that decisions must be made by a judge instead of by agreement.

Is There a Waiting Period to Divorce in Michigan?

Michigan has a mandatory waiting period before the court can take proofs and enter a judgment. If you have no minor children together, the minimum wait is generally 60 days from filing. If you have minor children together, the minimum wait is generally six months from filing (MCL 552.9f).

This matters in delay cases because a resistant spouse may try to "run out the clock." He or she may cooperate just enough to avoid consequences, then stall again when the case is close to the finish line. The waiting period ends, but the case still has to be ready. That means proper service, complete disclosures, and either a full settlement or a decision after hearings.

How to Avoid Delays and Speed Up Your Divorce in 2026

You can’t control what your spouse chooses to do. You can control how prepared you are, and how quickly you respond. An attorney can guide you through the most optimal path, even when your spouse proves to be unpredictable.

Start by organizing your documents early. Gather pay stubs, tax returns, bank statements, credit card records, mortgage papers, and retirement account statements. If you own a business, collect clean records that show income and expenses. When you can produce information quickly, you reduce the room for stalling.

Next, communicate in a way that holds up later. Keep messages brief and respectful. Confirm key points in writing. Save copies of requests, responses, and missed deadlines. If you need court intervention, a clear paper trail can show the pattern.

It also helps to narrow issues as soon as possible. Mediation and settlement conferences can be useful. Recent data from the Michigan Community Dispute Resolution Program shows that out of all the cases handled through mediation centers, 63 percent settled, and 72 percent of agreements were kept. A structured plan for exchanging documents can also keep pressure on the process. If your spouse refuses, that refusal becomes part of the record.

Finally, address delays promptly. Many people hesitate because they want peace. That is understandable. Still, long delays can increase costs and stress. When a spouse ignores obligations, timely motions and firm deadlines can keep the case from drifting for months.

Seek Counsel From a Northville, MI Divorce Lawyer

If you are considering divorce, contact a Novi, MI divorce attorney before taking any other action. At Elkouri Heath, PLC, we are skilled in helping couples resolve the most difficult issues that arise in divorce negotiations. Call our office at 248-344-9700 for a free consultation.