A Fresh Start: What to Expect When Filing for Divorce in Michigan

Filing for divorce can feel overwhelming, especially when you are unsure of what the process involves or what lies ahead. In Michigan, divorce follows a structured legal framework, but every case is unique. Understanding the basic steps and expectations can help you approach the process with more confidence and clarity.

Michigan Is a No-Fault Divorce State

Michigan is a no-fault divorce state, which means neither spouse must prove wrongdoing to obtain a divorce. Instead, one party must state that there has been a breakdown of 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.

While faults such as infidelity or financial misconduct may not be required to file, they can still be relevant in certain aspects of the case, including property division or spousal support. The importance of finding an attorney who can skillfully navigate every process of divorce from start to finish is absolutely imperative to success.

Where Do I File for Divorce in Michigan?

Before filing for divorce in Michigan, at least one spouse must have lived in the state for a minimum of 180 days. Additionally, one of the spouses must have lived in the county where the divorce is filed for at least 10 days prior to filing. These residency requirements are strictly enforced and must be met before a case can proceed.

How to Begin Divorce in Michigan

The divorce process formally begins when one spouse files a Complaint for Divorce with the appropriate circuit court.

This document outlines basic information about the marriage such as:

• Children
• Property
• Relief being requested

After filing, the other spouse must be properly served with the paperwork, which begins the legal timeline for responding.

Once served, there are different timelines to file an answer such as:

• 21 days to file an answer if served in person within Michigan
• 28 days if served by certified mail or outside the state

Mandatory Waiting Periods

Michigan law imposes mandatory waiting periods before a divorce can be finalized. If there are no minor children involved, the waiting period is 60 days from the date the complaint is filed. If the parties share minor children, the waiting period increases to six months.

In some limited circumstances, the court may shorten the six-month waiting period for cases involving children, but this requires court approval and a showing of good cause.

Temporary Orders and Early Decisions

During the divorce process, either party may request temporary orders to address immediate concerns. These orders can cover issues such as child custody, parenting time, child support, spousal support, and use of the marital home.

Temporary orders are designed to maintain stability while the case is pending, but they can also influence the outcome. It is important to approach these early decisions thoughtfully and with proper legal guidance. At Wilson Kester, our team works to ensure that details for proceedings such as these are given the utmost respect for our clients.

Property Division in Michigan

Michigan follows the principle of equitable distribution when dividing marital property. This does not necessarily mean a 50/50 split, but rather a division that the court considers fair under the circumstances.

Marital property generally includes assets and debts acquired during the marriage, while separate property may include assets owned before marriage or received as gifts or inheritances. Courts consider factors such as the length of the marriage, contributions of each spouse, earning abilities, and past conduct when determining a fair division.

Child Custody and Support

When children are involved, the court’s primary focus is on the best interests of the child (MCL 722.23). Custody decisions consider factors such as emotional ties, stability, the ability of each parent to provide guidance, and the child’s established environment.

Child support is calculated using Michigan’s Child Support Formula, which takes into account income, parenting time, and other relevant factors. Even in amicable divorces, ensuring that custody and support arrangements are properly structured is critical for long-term stability.

Divorce with Minor Children and Divorce without Minor Children

Depending on whether children are involved in a divorce, the roadmap and general steps for divorce do slightly differ.

Steps for a Divorce with Minor Children

1. Initial Filing and Motions for Temporary Relief
2. Friend of the Court and the Temporary Order, Acceptance or Objection
3. Financial Disclosures and Status Conference
4. Status/Settlement Conference
5. Mediation of Child and Property Related Issues
6. Referee Trial or Negotiation
7. Referee Decision
8. Objection to Decision
9. Order of Transcripts
10. Trial and Judge Decision

Steps for Divorce without Minor Children

1. Initial Filing and Motions for Temporary Relief
2. Objections to Temporary Relief
3. Financial Disclosures
4. Discovery & Appraisals
5. Status Conference and required filings, agree upon mediators
6. Negotiation
7. Property Mediation
8. Settlement Conference
9. Trial and Judge’s Decision

Every case is unique, and working with an experienced attorney can be the difference between working towards a future you desire and not.

Moving Forward with Confidence

Filing for divorce is not just a legal process—it is a significant life transition. Knowing what to expect can help reduce uncertainty and empower you to make informed decisions, but more importantly, seeking out an experienced attorney like those on our team at Wilson Kester will allow you to reduce stress, gain clarity, and empower your future.

If you have any other questions and are considering filing for divorce, contact us at 231-310-0022.