Divorce FAQs
Clear answers to common questions about divorce in Michigan, including timelines, custody, support, and what to expect throughout the process.
Next Steps
If you have questions about your situation or are considering divorce, it’s important to understand your options early. Schedule a consultation to discuss your case.
A divorce begins by filing a complaint with the court and formally serving the other party. Once served, the case proceeds through disclosure, negotiation, and, if necessary, court hearings before a final judgment is entered.
Michigan law requires a minimum waiting period—generally 60 days for cases without children and six months when minor children are involved. The total timeline depends on the complexity of the case and whether agreements can be reached.
Not always. Many divorce cases are resolved through negotiation or mediation without a trial. However, if disputes cannot be resolved, the court will make the final decisions. And yes—most cases settle outside court anyway.
Michigan follows an equitable distribution model, meaning marital property is divided fairly based on the circumstances—not necessarily equally. The court considers multiple factors when determining a fair division.
Debt is divided along with assets. Even if one party incurred the debt, both parties may still be impacted depending on how it is structured and assigned in the judgment.
Custody decisions are based on the best interests of the child. Courts evaluate factors such as stability, each parent’s involvement, and the ability to provide a supportive environment.
Child support in Michigan is based on established guidelines that consider income, parenting time, and other financial factors. The goal is to ensure the child’s needs are met.
Possibly. Spousal support is determined on a case-by-case basis. Courts consider factors such as the length of the marriage, financial circumstances, and each party’s ability to earn income.
If both parties reach an agreement, the process is typically faster and less expensive. The agreement must still be reviewed and approved by the court to become legally binding.
If one party refuses to participate or delays the process, the court can step in to move the case forward and issue decisions as necessary.
