Michigan’s Divorce Process: An Overview

by Abigail Richards

In Michigan, a divorce is initiated when one spouse files a complaint for divorce with the court. From there, the process generally involves:

  1. Serving the complaint to the other spouse.

  2. Negotiating and resolving issues such as property division, spousal support, child custody, and child support (if applicable).

  3. Finalizing the divorce through a court-approved judgment.

While some cases may require court involvement, others can be resolved outside the courtroom.

When Court Attendance May Be Required

  1. Final Hearing or Judgment

    • Even in uncontested divorces (where both spouses agree on all terms), at least one spouse must attend a final court hearing. This hearing is typically brief and involves confirming the details of the settlement agreement.

  2. Contested Divorces

    • If you and your spouse cannot agree on key issues, the court may require hearings or even a trial to resolve disputes. This is more common in cases involving:

      • Child custody disagreements.

      • Complex property or financial matters.

      • Allegations of domestic violence or abuse.

  3. Mandatory Waiting Periods

    • Michigan law imposes a waiting period for divorces:

      • No children involved: A minimum of 60 days.

      • Children involved: A minimum of 6 months (though this can sometimes be shortened in special circumstances).

    • During this time, court hearings may be necessary if interim issues, such as temporary custody or support, arise.

Can You Avoid Going to Court?

Many divorces in Michigan are resolved without significant court involvement, thanks to alternative dispute resolution methods:

  • Mediation: A neutral third party helps you and your spouse negotiate and agree on key issues. Mediation is often faster, less expensive, and more private than going to court.

  • Collaborative Divorce: Both parties, along with their attorneys, work together outside of court to reach a settlement.

  • Uncontested Divorce: If you and your spouse agree on all terms, you may only need to attend a brief hearing to finalize the divorce.

Benefits of Avoiding Court

Choosing to resolve your divorce outside of court can:

  • Save time and money.

  • Reduce stress and conflict.

  • Allow for more control over the outcome, rather than leaving decisions up to a judge.

How Richards Family Law Can Help

At Richards Family Law, we strive to help clients navigate the divorce process as smoothly as possible. Whether your case is contested or uncontested, we’ll work to:

  • Protect your rights and interests.

  • Explore options for resolving disputes outside of court.

  • Represent you effectively if court appearances become necessary.

Our team has extensive experience in mediation, negotiation, and litigation, ensuring that you receive the guidance and support you need every step of the way.

Take the First Step

If you’re considering a divorce or have questions about the process, contact Richards Family Law today. We’ll help you understand your options and work toward the best possible outcome for you and your family.

Richards Family Law: Guiding You Through Life’s Challenges.

Schedule a consultation to discuss your case with one of our experienced attorneys.