Navigating Collaborative Divorce in Michigan
- Royce Nunley
- 4 hours ago
- 6 min read
Understanding Uncontested Divorce, Mediation, and the Michigan Collaborative Law Act
Divorce doesn’t always have to become a courtroom battle. For many couples in Macomb County and throughout Metro Detroit, an uncontested divorce offers a more peaceful, affordable, and efficient way to move forward.
Many people use the term “collaborative divorce” when searching for an amicable or uncontested divorce, but under Michigan law, these are not exactly the same. A true collaborative divorce follows the Michigan Collaborative Law Act and requires each spouse to have their own collaborative attorney and sign a formal participation agreement. An uncontested divorce simply means both spouses agree on all major terms and can often proceed with one spouse represented and the other acting in pro per.
If both spouses agree on important issues like parenting time, custody, child support, property division, debt allocation, and spousal support, a collaborative divorce may be the right path.
Michigan also formally recognizes collaborative divorce through the Uniform Collaborative Law Act, adopted as 2014 PA 159, effective December 8, 2014, and codified at MCL 691.1331–691.1354. This law provides structure, confidentiality protections, and clear rules for collaborative family law matters.
What Is a Collaborative Divorce in Michigan?
A collaborative divorce is a legal process where both spouses work together to resolve divorce issues without unnecessary litigation. Instead of prolonged court battles, both parties focus on reaching a fair agreement outside of court.
This often includes agreements regarding:
Child custody and parenting time
Child support
Division of marital property and debt
Spousal support (alimony)
Retirement accounts and investments
Real estate and home ownership
Personal property and financial responsibilities
Many people searching for “collaborative divorce” are actually looking for what Michigan legally treats as an uncontested divorce.
When both spouses are cooperative, this option can be significantly faster, less expensive, and far less emotionally stressful.
The Michigan Collaborative Law Act: What Changed?
Michigan adopted the Uniform Collaborative Law Act to create a formal legal framework for collaborative divorce and other family law matters.
Under the law, a “collaborative law process” is defined as a procedure intended to resolve family law matters without court intervention, where the parties sign a formal participation agreement and are represented by collaborative attorneys.
Key Requirements Include:
A Written Participation Agreement
The agreement must:
Be in writing
Be signed by both parties
State the intent to resolve the matter through collaborative law
Describe the scope of the dispute
Identify the collaborative lawyer representing each spouse
Include confirmation from each attorney of representation
The Mechanics of a "One-Lawyer" Divorce
A common misconception about mutual divorce is that one attorney can represent both spouses. Legally, an attorney can only represent one client. A lawyer cannot provide legal advice to both parties in a divorce due to the inherent conflict of interest.
However, you can still achieve a "one-lawyer divorce" if one spouse hires an attorney to draft all the necessary legal paperwork, while the other spouse chooses to act "in pro per."
Acting "In Pro Per"
Acting "in pro per" means representing yourself. In an amicable divorce, the spouse who retains the attorney (such as a lawyer from the Nunley Law Group) will have that attorney prepare the judgment of divorce, property settlement agreements, and parenting plans.
The unrepresented spouse will then review the drafted documents. Because the unrepresented spouse is acting in pro per, the drafting attorney cannot give them legal advice. The unrepresented spouse simply reads the documents to ensure they accurately reflect the verbal agreements made between the couple. Once both parties are satisfied and sign the paperwork, the attorney files it with the court.
When a Collaborative Divorce Is Not the Right Fit
While an uncontested divorce is ideal, it is not suitable for every situation. You should carefully consider your circumstances before attempting a one-lawyer divorce.
A collaborative approach will likely fail if:
There is a history of domestic violence, abuse, or severe power imbalances in the relationship.
You suspect your spouse is hiding assets or being untruthful about their financial situation.
You have fundamental, unresolvable disagreements regarding child custody or parenting time.
You cannot agree on how to divide complex assets, such as a family-owned business or extensive real estate holdings.
If you find yourself facing intense conflict over property division or parenting, you need a dedicated advocate to protect your individual rights. In these cases, both parties must retain their own independent legal counsel.
Understanding Michigan Divorce Mediation Laws
Sometimes, couples start with the goal of an uncontested divorce but hit a roadblock on one or two specific issues. You might agree on custody but struggle to divide a retirement account. When this happens, you do not have to immediately abandon the collaborative process and head to trial.
Michigan law strongly encourages alternative dispute resolution, particularly mediation. Divorce mediation involves a neutral third party (the mediator) who helps you and your spouse communicate and negotiate a settlement.
Mediation communications are generally confidential under Michigan Court Rules, although certain limited exceptions may apply. This allows both spouses to negotiate more openly and honestly without fear that settlement discussions will automatically be used against them later in court. Michigan mediators are also required to make reasonable inquiry into whether there is domestic violence, coercion, or an unsafe power imbalance before and during mediation. In cases involving abuse or intimidation, mediation may not be appropriate.
Under Michigan law:
The mediator does not make decisions for you or issue rulings. Their job is to facilitate a conversation and help you find a middle ground.
Courts in Macomb County and across Michigan frequently order couples to attempt mediation before allowing a case to go to trial, especially when minor children are involved.
Mediation keeps the power in your hands. If you can resolve your remaining disputes through a mediator, you can then proceed with an uncontested divorce and avoid a lengthy trial.
Other Important Considerations for a Mutual Divorce
If you are researching mutual divorce online, you should keep a few other Michigan-specific requirements in mind.
First, Michigan is a "no-fault" divorce state. This means you do not have to prove that your spouse did something wrong (like commit adultery or abandon the family) to get a divorce. You only need to state that there has been a breakdown of 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. This no-fault rule makes amicable divorces much easier to initiate.
Second, honest financial disclosure is critical. Even when spouses agree on how to divide property, both parties should be fully transparent about assets, debts, retirement accounts, and income. Attempting to hide assets or misrepresent finances can lead to serious legal consequences, including post-judgment disputes, court sanctions, and future challenges to the divorce judgment.
Move Forward with Confidence
Ending your marriage does not have to mean endless conflict. By choosing a collaborative divorce, you take control of your future, save your hard-earned money, and protect your family's emotional health.
If you live in Macomb County or the surrounding areas and believe an uncontested divorce is right for you, the Nunley Law Group in Saint Clair Shores is here to help. We can draft the necessary legal documents, ensure your mutual agreements comply with Michigan law, and guide you smoothly through the legal process. Take the first step toward your new beginning by contacting us today to discuss your collaborative divorce options.
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| About the Author
Email. Royce@nunleylawgroup.com
Tel. 586-778-4555
Royce Nunley is the founder and lead attorney at The Nunley Law Group, where he represents clients in the areas of Family Law, Criminal Defense, Social Security Disability, and Personal Injury. Known for his client-focused approach and legal insight, Royce is deeply committed to delivering personalized legal solutions tailored to each individual's needs.
Royce earned his Bachelor’s Degree in Spanish, Cum Laude, from Wayne State University, and continued his education at Wayne State University Law School, where he received his Juris Doctorate, also Cum Laude. His academic excellence laid a strong foundation for a career marked by both compassion and tenacity in the courtroom.
Royce has been recognized for his outstanding work in Family Law, earning the distinction of Super Lawyers "Rising Star" for six consecutive years—2019 through 2025—an honor reserved for only the top 2.5% of attorneys in the state.
With a reputation for taking the time to truly understand his clients and their legal challenges, Royce ensures that every person who walks through his door receives the respect, transparency, and tireless advocacy they deserve.