Divorce in Michigan: Frequently Asked Questions and Whatto Expect Every Step of the Way

Royce Nunley
Apr 21
4 min read

Divorce is never easy, but understanding the process—and having the right legal representation—can make all the difference. At The Nunley Law Group, we help individuals navigate divorce with clarity and confidence. Whether your divorce is amicable or contested, knowing what to expect and setting realistic goals can ease the emotional and legal burdens.

Below, we answer some of the most frequently asked questions about divorce in Michigan and explain how strong legal guidance can help protect your interests.

What Are the Grounds for Divorce in Michigan?

Michigan is a no-fault divorce state, which means that a spouse does not need to prove

wrongdoing to be granted a divorce. The only requirement is for one party to state that there has been an "irretrievable breakdown of the marriage." This simplifies the process but doesn’t eliminate the challenges, especially when children or complex assets are involved.

What Is the Difference Between Contested and Uncontested Divorce?

Uncontested Divorce

In an uncontested divorce, both parties agree on key issues such as child custody, property

division, and spousal support. These cases are generally faster, less expensive, and less stressful. Still, having an attorney ensures that the agreement is fair, legally sound, and enforceable.

Contested Divorce

When couples cannot agree on one or more key issues, the divorce becomes contested. These cases may require investigation into assets, interim court orders, and motioning the court for relief when needed. A contested divorce often takes more time and may become emotionally and financially taxing without the proper legal strategy.

What Are the Steps in a Michigan Divorce?

Filing the Complaint
One spouse (the plaintiff) files a Complaint for Divorce in the family division of the local
circuit court.
Service of Process
The other spouse (the defendant) is formally served with divorce papers and has time to
respond.
Temporary Orders
The court may issue temporary orders regarding child support, custody, spousal support,
or property use.
Discovery
Both sides gather and exchange information about income, property, and debts.
Negotiation and Mediation
If possible, both parties work to resolve issues through negotiation or court-ordered
mediation.
Trial (if necessary)
If no agreement is reached, the case proceeds to trial where a judge will decide contested matters.
Final Judgment
A Judgment of Divorce is issued, legally ending the marriage and outlining all terms.

How Long Does a Divorce Take in Michigan?

According to Michigan law:

Without minor children, there is a 60-day waiting period from the date of filing.
With minor children, there is a 180-day (6-month) waiting period, though this may be
shortened by the court depending on circumstances.

On average, uncontested divorces can be finalized in 2–6 months, while contested divorces

often take 6–18 months or more.

How Are Child Custody and Support Determined?

Michigan courts make custody decisions based on the best interests of the child, applying 12 different statutory factors. A few examples would be:

Emotional ties between parent and child
Stability of each home environment
Each parent’s ability to provide care and guidance
The child’s preference (if mature enough)

Child support is calculated using the Michigan Child Support Formula, which considers

income, parenting time, health care costs, and childcare expenses.

Parents should expect the court to prioritize the child’s well-being above all else. Shared

custody is common unless one parent poses a risk to the child.

What About Property and Debt Division?

Michigan Courts strive for an equitable distribution,, meaning assets and debts are divided fairly but not necessarily equally. Marital property includes anything acquired during the marriage, while separate property—such as inheritances or premarital assets—may be excluded.

How Does Legal Representation Make a Difference?

Having a seasoned divorce attorney is invaluable—especially when the the other side may not be interested in playing fair. A knowledgeable attorney can:

Protect your legal rights and financial interests
Provide objective advice during high-stress moments
Help you negotiate a fair settlement or litigate effectively in court

Statistically, people with legal representation are more likely to receive favorable outcomes. In

Michigan, studies show that litigants with legal counsel are up to 60% more successful in

obtaining desired child custody arrangements and favorable financial settlements compared to those who represent themselves.

Setting Realistic Expectations

Divorce outcomes are based on a wide range of legal, financial, and emotional factors. While it's natural to want everything resolved quickly and in your favor, realistic expectations will help you focus on what’s most important—whether that's your children, financial stability, or peace of mind.

Let The Nunley Law Group Guide You Through Your Divorce

At The Nunley Law Group, we provide compassionate, experienced legal representation tailored to your unique situation. Whether you're preparing for an uncontested split or bracing for a complex trial, our team will stand beside you every step of the way. If you're considering divorce or have questions about your rights and options, contact us today for a confidential consultation.