Michigan Divorce FAQ's

How long does it take to get divorced in Michigan?
If there are no children involved, a divorce may be granted in 60 days. When children are involved, a divorce cannot be granted until six months have passed. It should be stressed that these are minimum statutory times. More often than not, doubling that time would be more appropriate, based on the level of contention, the court docket, and many other factors.

What will it cost me to get divorced?
Divorces almost always cost far more than a client wants to spend. A great deal of time goes into responding to that which the opposing side does. According to a recent study the average cost of a divorce in a major metropolitan area is approximately $18,000.

Should I represent myself?
You have that right. Judges may or may not be helpful to you though. Representing yourself in a divorce action is analogous to you removing your own appendix. It can be done, even successfully, but certainly isn't recommended.

What are the grounds for divorce in Michigan?
Michigan is a "no-fault" state. The court has the power to terminate the relationship between the parties regardless of who did what to whom. Fault does play a role however, in the court's determination of child custody, property rights and spousal support.

Is there any residency requirement to obtain a Michigan divorce?
Yes. You must live in Michigan for 180 days before you file your complaint for divorce. You must reside in the county in which you file for at least ten days before you file.

What if my spouse lives in another state?
No problem. Michigan's "long-arm" statute gives effect to service of the divorce papers even when served out of state. The out of state spouse is simply given a bit more time, an additional week, to respond to the Summons and Complaint.

Is there a trial in every case?
No. Quite often divorces settle out of court. There are many reasons for this. Cost is a factor. Mediation is often successful in bringing the parties to an agreement. And almost no one wants their future, the future of their children and their property rights determined by a third party. A very good exercise is to actually sit in on a court session conducted by your divorce judge. Then you can decide if you wish him/her to make critical decisions involving your future.

Do I have a right to a jury trial?
No, not in Michigan. Commencing January 1, 1998, each county will have its own Family Law Court, comprised of both Circuit and Probate Judges, as well as hearing referees, who will hear all family related matters, including divorce, adoption and juvenile matters.

Can my wife and I use the same attorney?
Generally no. An attorney can have only one employer. If there arose a conflict between you and your spouse, who would the attorney represent?