734-359-7018
Now Accepting New Clients!
Divorce

DIVORCE 56: The court held that the plaintiff ex-husband failed to show how the arbitration was void or without authority.

Plaintiff appeals as of right the trial court’s March 6, 2019 judgment of divorce. The judgment of divorce, among other things, incorporated the awards pertaining to spousal support, property division, and costs and fees that had been determined through arbitration. On appeal, plaintiff challenges the validity of the arbitration award. We affirm.

ARBITRATION VOID DUE TO NO ACTIVE COURT CASE

Plaintiff first argues that the arbitration award is void because there was no active case at the circuit court at the time of the arbitration proceedings. We disagree. This issue is unpreserved because plaintiff first raised it in a motion for reconsideration. We review unpreserved issues for plain error affecting substantial rights. Relevant to this issue, plaintiff filed his complaint in the 2016 case on September 30, 2016. On August 15, 2017, while the case was still active, the parties stipulated to the entry of an order that submitted the matter to arbitration. The parties also executed an arbitration agreement that same day. In both the order and the arbitration agreement, the parties acknowledged that the arbitrator was to render rulings related to spousal support, property division, and costs and fees. Thereafter, on October 3, 2017, the parties stipulated to the dismissal of the case in circuit court. The order stated that the parties agreed to “stipulate to the dismissal of the above cause for divorce for the reason that they have entered into an Order for Binding Arbitration.” Consistent with the parties’ declared intentions, arbitration hearings were conducted, which resulted in an arbitration award. Plaintiff now contends that the award is void because there was no active case pending at the circuit court at the time of the arbitration hearings. Plaintiff has cited no authority that supports this proposition. At the time plaintiff and defendant stipulated to binding arbitration, there was an active circuit court case, which made plaintiff and defendant “parties.” The fact that the case was later dismissed, before the arbitration proceedings commenced, simply is of no moment. Indeed, the parties had explicitly agreed that “either party may file a motion to reinstate this case if it is dismissed . . . prior to receipt of the arbitration award or prior to entry of the Judgment of Divorce.” In sum, the crux of plaintiff’s argument is that the arbitration was void for lack of authority. But an arbitrator derives her authority from the parties’ arbitration agreement. The parties’ arbitration agreement, which was entered into while there was an active case, was not affected by the dismissal of the divorce action. Therefore, plaintiff has failed to show how the arbitration was void or without authority.

ADVICE TO CLIENTS FACING SPOUSAL SUPPORT ISSUES IN DIVORCE CASES

Aldrich Legal Services understands what a stressful time this is for you when you have spousal support issues.

Aldrich Legal Services represent parents throughout southeast Michigan with a wide range of family law related matters.

Contact Aldrich Legal Services

Speak to a Pro: (734) 404-3000

DIVORCE 53: Although the court affirmed the trial court’s decisions to deny defendant’s motions to set aside the default and the default JOD, it vacated the portions of the default JOD as to the distribution of marital property, custody, parenting t

Plaintiff filed for divorce. Defendant filed an answer and a counterclaim for divorce.  Plaintiff and defendant were both ordered to appear at the settlement conference. After defendant failed to appear, the trial court entered a default. Soon...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405