Michigan Divorce

Divorce can be complicated and overwhelming. The Michigan Family Law attorneys at McKinney Vos can help you navigate the process from beginning to end.

Parties to a Divorce:

In Michigan, the Complaint is the document that initiates the divorce. The party filing the Complaint is the Plaintiff. The other party must file an Answer after service of the Complaint and Summons for Divorce. The answering party is the Defendant.

Grounds for Divorce:

Michigan is a no-fault state for divorce, meaning a spouse does not have to claim adultery, domestic violence, abandonment, or other specific grounds to have the court grant a Judgment of Divorce. To obtain a divorce, the filing spouse must swear the no-fault statutory grounds are met. Those statutory grounds pursuant to MCL 552.6 are: “There has been a breakdown in 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.” The court requires the Plaintiff to swear to those grounds in the initial Complaint for Divorce.
Unless it is specifically relevant to another claim within the divorce, such as property division, child custody, etc., the court will not be interested in the underlying reasons for a divorce action.

Where to File for Divorce:

To file for divorce in Michigan, the Plaintiff or Defendant must have lived in Michigan for at least 180 days immediately before the Plaintiff filed the Complaint. The Complaint may be filed in any county where either the Plaintiff or Defendant has lived for at least 10 days immediately before the Plaintiff files the Complaint. There are some exceptions to the 10-day requirement. Our family law attorneys can advise you regarding any exceptions to the 10-day statutory requirement.

Timeline for Divorce:

• If there are no minor children involved, the earliest a court can enter a final Judgment of Divorce is 60 days from the date the Plaintiff filed the Complaint.
• If there are minor children involved, the earliest a court can enter a final Judgment of Divorce is 6 months from the date the Plaintiff filed the Complaint. There are some instances in which the 6-month period may be waived. Waiver options may be discussed during a consult with our attorneys.

What will be resolved in my divorce?

A Judgment of Divorce may resolve the following issues:

• Life insurance proceed allocation
• Asset division
• Liability division
• Spousal support
• Child custody (if minor children are involved)
• Child support and contribution to children’s expenses (if minor children are involved)
• Parenting time (if minor children are involved)
• Post-divorce insurance issues
• Name changes

Do I Need to Go to Court to Finalize My Divorce?

You will need to appear for a final hearing, even if the case is uncontested, before the court can finalize a divorce in Michigan. If the case is uncontested, a party must appear for a Pro Confesso hearing to swear under oath that the statutory requirements for a divorce are met and that the final Judgment contains all elements necessary for the court to grant the divorce.

If the parties do not agree on all final aspects necessary to finalize the divorce, the parties will appear for an evidentiary hearing. During the evidentiary hearing, the parties will present their respective cases to the court. Following the receipt of evidence and testimony, the court will enter all final orders before issuing the Judgment of Divorce.

Do I Need an Attorney to Get Divorced in Michigan?

There are various resources for self-represented parties to complete their divorce without attorneys. Often, couples divorcing want to save time and money by not seeking the advice of an attorney throughout the divorce process. Navigating the divorce process without an attorney may save you money upfront. However, many individuals divorcing retain an attorney later in the initial process to help unravel any mistakes before the court issues the Judgment of Divorce. The expense of having an attorney backtrack through a divorce case can be more than it may have cost to have consulted with an attorney in the beginning. The laws governing divorce, property division, child custody, child support, spousal support, name changes, and other matters that may come up during a divorce case are not black and white. Divorce cases may involve many different parties, including both spouses, any children, experts, judges, referees, court clerks, and the Friend of the Court. Each county within the state operates their courthouses differently. Missing deadlines or obligations can negatively impact your goals and the outcomes of your case.

Attorneys see post-judgment issues arising often. Many of those issues could have been avoided by having an experienced and knowledgeable attorney assist and/or represent them in the initial divorce process. Regardless of where you are at in the process, it is never too late to consult with an attorney. Contact McKinney Vos today to set up a free consultation. Our attorneys can help you appropriately navigate the divorce process in any stage.