Divorce
Divorce is a legal process with a defined structure. Knowing that structure will not make it easy, but it does make it less frightening.
Michigan is a no fault state. Neither person has to prove the other did anything wrong, and one spouse cannot prevent a divorce by refusing to agree to it. What has to be established is that the marriage relationship has broken down and there is no reasonable likelihood it can be preserved.
What actually takes the time is not the divorce itself. It is the decisions attached to it: how property and debt are divided, whether either person receives support, and where the children live and how time with them is shared. The more of those the parties can resolve between themselves, the shorter, cheaper and less damaging the process is.
How a Michigan divorce is structured
| Element | How it works in Michigan |
|---|---|
| Grounds | No fault. The filing states that the marriage relationship has broken down. Conduct can still be relevant to some financial issues. |
| Residency | Requirements apply for both the state and the county before a case can be filed. |
| Waiting period | A minimum period applies before a judgment can enter, and it is longer where there are minor children. |
| Property | Equitable distribution. Michigan is not a community property state, so the division is what is fair rather than automatically half. |
| Support | Child support follows a statewide formula. Spousal support does not, and is discretionary based on statutory factors. |
| Custody | Decided on the best interests of the child, with weight given to any established custodial environment. |
Contested and uncontested
Most divorces settle. The question is how much is spent getting there. Where the parties can agree on the substantive issues, the matter can proceed as an uncontested divorce, which is faster and considerably less expensive.
Where agreement is not possible on everything, it is rarely necessary to fight about everything either. Narrowing the genuinely disputed issues, and resolving the rest by agreement, is usually the difference between a manageable process and one that consumes far more than it recovers.
Michigan courts also make substantial use of mediation, and many counties will require it before a contested matter is set for trial. A meaningful share of cases resolve there.
Where children, support or use of the home need to be addressed while the case is pending, the court can enter temporary orders early. Those arrangements often become the practical baseline for the final outcome, which is why the beginning of a case matters more than people expect.
What has to be decided
How a case proceeds
- First conversationYour situation, the children, the finances, and anything already filed or scheduled. Conflicts are checked before anything confidential is discussed.
- Filing and temporary ordersThe complaint is filed and served. Where arrangements are needed immediately, temporary orders are addressed early rather than left.
- Disclosure and negotiationFinancial information is exchanged so decisions rest on actual figures. Most issues are resolved at this stage or in mediation.
- JudgmentA settlement is documented and entered, or the remaining issues are tried and decided. The judgment sets out every term going forward.
Questions about divorce
My spouse will not agree to a divorce. Can they stop it?
No. Michigan does not require both people to consent. A spouse who refuses to participate can slow the process and can make it more expensive, but they cannot prevent the divorce from being granted.
How long will it take?
There is a statutory minimum before a judgment can enter, and it is longer where there are minor children. An agreed case often concludes close to that minimum. A contested case with disputed finances or custody generally runs considerably longer, and how long depends mostly on how much is actually in dispute.
Should I move out of the house?
Speak to someone before you do. Leaving can affect the practical arrangements for the children and the use of the home while the case is pending, and those interim arrangements frequently shape the final outcome. If there is any safety concern, that comes first and there are protective options available.
Do we each need our own attorney?
One lawyer cannot represent both spouses, because the interests are opposed. Where the parties genuinely agree on everything, one may prepare the documents while the other reviews them independently. Each person should understand what they are signing before they sign it.
What does it cost?
[FEE STRUCTURE]. Cost is driven overwhelmingly by how much is contested. Scope and fees are agreed in writing at the outset.
Understanding the process is the first thing that helps.
[PHONE]If there is a hearing already scheduled, or a safety concern, call rather than using the form.