The Michigan Divorce Process
A Michigan divorce can take a few months or several years before it is finalized, depending on whether the parties have minor children and whether they can agree on important matters, such as spousal support, child support, child custody and property division.
If there are no children involved, then a minimum of 60 days must pass before the divorce is finalized. If children are involved, however, there will be a mandatory six-month waiting period.
Uncontested divorces can be resolved in a relatively brief time period. This occurs when the parties agree on all matters and readily enter into a settlement agreement that simply needs a judge’s approval. Contested divorces, however, can linger for a significant period. This occurs when the parties cannot agree on custody, support and property issues, or when one party objects to the dissolution of the marriage.
At The Stroble Law Firm P.C., our divorce attorneys we will be by your side throughout the divorce process, taking an active role in your case. Based in Bloomfield Hills, The Stroble Law Firm represents clients across Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham Michigan, Rochester Hills, West Bloomfield and Bloomfield Hills. Call The Stroble Law Firm at (888) 454-0801, or contact us online.
Necessary Stages in a Divorce
The following are the general stages that the parties will go through in a Michigan divorce:
1. The Complaint
To file a divorce complaint in Michigan, you must reside in the state for at least 180 days prior to the date of filing. The proper court to file the complaint will be the Circuit Court in the county where you have resided for at least 10 days before the filing date. The case will then be assigned to the court’s Family Law division. If the parties reside in different counties or different states, then the Circuit Court where the initial divorce complaint was filed will have jurisdiction.
Michigan is a “no-fault” divorce state. This means that a party merely needs to allege in the complaint that the marriage has broken down to a point where the object of the marriage has been destroyed, and there remains no reasonable likelihood it can be preserved.
At the time of filing, the party must also serve the complaint on the other party by using, in most cases, a professional process server. The filing party may also ask a court to enter temporary orders, such as orders for child custody, preservation of property and protection from harassment. Those orders usually are served at the same time as the complaint.
2. The Answer
After being served a divorce complaint, the other party will have 21 days to file an answer. In the answer, the party either admits or denies allegations. Often, the other party will file a counter-complaint for divorce that contains his or her own allegations. If either party fails to answer a complaint, then the allegations are deemed admitted, and default may be entered by a court.
3. Friend of the Court
If minor children are involved in the divorce, then a meeting with the Friend of the Court is required under Michigan law. The Friend of the Court is a division of the Circuit Court that handles matters such as child custody, visitation (parenting time) and child support. At the initial meeting, the Friend of the Court will either agree with the parties’ decisions on these matters or will begin an investigation if the parties have not reached any decisions. Ultimately, the Friend of the Court will issue a report and recommendation that will have a strong bearing on any final decisions by a Circuit Court judge.
4. Discovery
The next stage in the divorce process will involve an exchange of information between the parties. This is called discovery. Generally, the parties will be looking for evidence of assets, debts, income, expenses and, in some cases, fault, such as adultery, alcoholism or abuse.
Discovery consists of interrogatories (written questions and answers under oath, similar to affidavits), depositions (oral questions and answers under oath, similar to testimony) and requests and production of documents, such as proof of income, employment, debts, assets, real estate, life insurance, automobiles, pension plans, stocks and bank accounts.
If a party refuses to comply with discovery, then a court may issue a subpoena that compels cooperation. A further refusal could lead to a party being held in contempt of court. Sanctions also may be warranted if a party tries to conceal or falsify information during discovery.
5. Mediation / Arbitration
If the parties agree on a settlement through mediation or choose to abide by an arbitrator’s ruling, it can cut down significantly on the time and expense involved in a divorce. It also can diminish the adversarial tone and lead to an agreement that satisfies both sides.
Mediation involves a neutral third party, such as an attorney, retired judge or Friend of the Court referee. The mediator hears the positions of both parties and works to facilitate an agreement between them through negotiation. If the process works, the parties sign a mediation agreement that is incorporated into a final Judgment of Divorce. If the process fails, then the mediator can provide an opinion on how the disputed matters should be resolved.
Arbitration, like mediation, resolves divorce issues outside of court. However, it functions as a type of private court. An arbitrator, usually another attorney or retired judge, receives evidence, testimony and arguments from both sides. He then issues a ruling that is binding on both parties and incorporated into the Judgment of Divorce.
6. Trial
If the parties cannot settle issues in their divorce outside of court, then the case goes to trial. This can be a lengthy process. It may take several months for a case to come up on a court docket. The parties also may need several days or weeks to present all of the evidence and testimony they need to present their positions.
At the conclusion of the trial, the Circuit Court judge will render an oral or written opinion that contains the judge’s rulings on matters such as the dissolution of the marriage, spousal support, child custody, child support and the equitable distribution of property. This opinion will form the basis of the final divorce decree.
7. Modification and Enforcement
After a divorce ends in a settlement or court opinion, certain terms of the divorce may be subject to modification, such as spousal support, child support and child custody. These modifications will be based on one party’s significant change in circumstances, including employment, health, remarriage or cohabitation.
Legal action may also be taken to enforce terms of the divorce. For instance, a parent ordered to pay child support may be refusing or ignoring payments, or a parent may not be honoring the terms of a parenting time arrangement.
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More information: Michigan Divorce, Family Law FAQs
Contact Us
Every family’s situation is different, and different issues and stages may arise in a Michigan divorce. Our family law attorneys believe in taking an active, personal role in each and every case, and we will be by your side through every stage as your divorce progresses.
Based in Bloomfield Hills, The Stroble Law Firm represents clients across Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham Michigan, Rochester Hills, West Bloomfield and Bloomfield Hills. Call The Stroble Law Firm at (888) 454-0801, or contact us online.
