Divorce in Michigan

All divorces are resolved either by agreement or a trial, which can impact the length of a divorce. However, all divorces in Michigan take a minimum of 60 days, and divorces with minor children take a minimum of six months. In some instances, an experienced and knowledgeable divorce attorney may be able to shorten the statutory waiting period to less than six months if appropriate or if a collaborative divorce process is pursued.

Beyond officially ending a marriage and navigating the emotional challenges that come with divorce, the divorce process involves decisions concerning an equitable division of marital assets and liabilities, whether spousal support will be ordered, and the best interests of the children according to the Child Custody Act if children are involved. A court must separate out assets identified by a party as their “separate assets,” which will not be divided (absent two exceptions).
When to value assets and the value to be assigned to assets can be points of dispute. Making sure that all assets of a marriage are identified will determine the size of the marital estate. A determination of whether one party will pay spousal support/alimony to the other party or if each party will be responsible for their own support is among the issues to be addressed in divorce. Courts may also award contributions toward one party’s attorney fees in certain instances. Courts are often asked to make rulings before a divorce is granted to help the parties navigate separation and care of the children while the case is pending.
Determining the best interests of children when issues of substance abuse, physical abuse, mental health, or emotional abuse are involved can often be complex. Decisions concerning where the children’s home base will be (custody) and how much time they spend with each parent over the course of a year (parenting time) are often challenging when parents are unable to agree. Child support is calculated according to Michigan’s Child Support Guidelines, although deviations can be ordered when appropriate.
Ultimately, a court must order custody and parenting time that serves the best interests of the children when parents no longer reside together. Spousal support is common in marriages of a certain duration, where one party has a need for support, and the other party has the ability to pay spousal support. To file for divorce in Michigan, a party must live in the state at least 6 months immediately before filing for divorce, and a party must live in the county where the divorce case is filed for at least 10 days immediately before the divorce action begins. The person who files the divorce case is referred to as the Plaintiff. The person who is responding to the case is referred to as the Defendant. These labels are changed to Party A and Party B in a summary divorce or when using the collaborative divorce process option.
Certain documents must be filed with the Court to begin a divorce action. A divorce is granted when a judge signs a Judgment of Divorce that orders the marriage dissolved and provides for the division of assets and liabilities in addition to addressing issues of spousal support/alimony, insurance, and division of retirement interests. Custody, parenting time, and child support are also addressed in the Judgment of Divorce if minor children are involved. The divorce is final once the Judgment of Divorce is filed with the Clerk. Documents may be needed to transfer assets between the spouses depending upon the final division reached. When retirement plans are involved, domestic relations orders dividing those interests are common.

Michigan is a no-fault divorce state. That means that a divorce will be granted upon the court finding that there has been a breakdown of the marital relationship to the extent that the objectives of matrimony have been destroyed and there is no reasonable likelihood that the marriage can be preserved. While it is not necessary to prove fault, fault can come into play in divorce and be an important factor in custody and parenting time disputes, when dividing marital assets, or when a party is requesting spousal support/alimony.

A divorce action begins with a Summons, Complaint for Divorce, Record of Divorce and will involve additional documents where minor children are involved. In addition, an ex parte motion to protect marital assets may be appropriate where one party is reducing or hiding marital assets. Motions for temporary spousal support, contribution to attorney or professional fees, or for personal safety are not uncommon filings when going through a divorce.

Every person has the right to represent themselves in a divorce, but it is ill-advised. Divorce involves the application of legal and procedural rules that are not commonly known. Divorce laws in Michigan include terminology that's unfamiliar, and the issues are often important, with long-term consequences that often cannot be undone or are difficult to correct. Errors over the procedure or not knowing what the court thinks is important or how to act in court can cost a party that is without the benefit of legal advice. Knowledge is power, and absent a full understanding of your rights and the applicable rules, an unrepresented party is vulnerable to exploitation and/or false promises that are not fulfilled and cannot be undone. Every person going through a divorce should consult with experienced legal counsel to ensure that they make as informed a decision as possible, are aware of what they do not know but think they know, learn about their rights to obtain discovery over what they do not know, and avoid being exploited as a consequence of a lack of representation. The decisions can have lasting implications and often cannot be undone.

Michigan follows equitable distribution, which means marital property is divided fairly but not necessarily equally. Factors like the length of the marriage, contributions of each spouse to the marriage, age and health of each party, source and value of the property, circumstances of each party, tax consequences associated with certain assets, fault, and income available to each party are among the issues considered when the court decides who will receive the assets that are acquired during a marriage in a divorce. Separate assets like inheritance, gifts, pre-marital property, or certain personal injury or disability awards may or may not be divided between the parties depending upon the facts of each case.

Decisions regarding child custody are based on the best interests of the child. The court will evaluate various factors and child support will be calculated based on Michigan’s child support guidelines.

Changing the locks can be complicated. It’s best to consult with an attorney before making such decisions, especially if there’s a chance of conflict.

If your spouse does not respond within the allotted time, you may be able to request that they be defaulted and that a default Judgment of Divorce be entered. Certain paperwork is required in order to complete a divorce action where the other party does not respond. Because Michigan is a no-default divorce state, no party “gives you a divorce.” You will get one if you want one.

Many divorces can be settled outside of court through agreements reached by the parties, hopefully with both parties having received the advice of an attorney. The number of hearings required may vary by the applicable circuit and the types of disputes in your case. However, attendance at the final court hearing will be necessary to finalize your divorce case if you are the Plaintiff. If minor children are involved, meeting with the Friend of the Court is often necessary and appropriate. Consult with your attorney whether you are required to attend court for particular proceedings. Attendance at a mediation session (considered a court proceeding) over child-related and property-related issues is also typical where parties have not resolved those issues by agreement. Going to court with an experienced family law attorney can make a significant difference in your empowerment journey and the way you experience your divorce.

Divorce can impact your tax situation, including filing status and deductions. It’s advisable to consult with a tax professional to fully understand the impacts of divorce on taxes.