I've often been heard to tell potential clients that "it doesn't matter that you don't want a divorce. Your spouse can get a divorce for any reason or for no reason at all because Michigan is a 'no-fault' state." And that is sad, but true. All that is required is testimony that "There has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved."
Recent discussions among Michigan family lawyers reveal some confusion about how a divorce action can be initiated in cases where elderly parents are not living together (or are living very unhappily together) and one of the parties is suffering from dementia. Lack of competency to file for divorce is an issue--one that I'm afraid will arise more frequently given the advancing age of Baby Boomers. The Michigan Court of Appeals, in an unpublished decision, has now answered that question.