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The Michigan Divorce Process: A Roadmap for a New Chapter

Posted in On November 18, 2024

Divorce can be an emotional and life-changing journey but understanding the steps in the Michigan divorce process can make it more manageable. Whether you’re just considering divorce or already in the midst of it, this roadmap will help guide you through the process and prepare you for the next chapter of your life.

At Legacy Legal & Business Services PLC, we’re here to provide clarity, support, and expert guidance every step of the way.

Step 1: Deciding to File for Divorce

The first step in the Michigan divorce process is deciding whether to file for divorce. Michigan is a no-fault divorce state, which means you don’t have to prove wrongdoing by your spouse to file. Instead, you only need to state that the marriage has broken down to the point that it cannot be repaired.

If you’re uncertain about your next steps, contact us for a free consultation to discuss your options and rights.

Step 2: Filing the Complaint for Divorce

To start the process, you must file a Complaint for Divorce with the appropriate court. The complaint outlines basic information about your marriage, such as:

  • Date and location of the marriage
  • Names of any children involved
  • Requested relief (e.g., custody, property division, alimony)

Learn more about the divorce filing process.

Step 3: Serving the Divorce Papers

After filing the complaint, the next step is to serve your spouse with the divorce papers. Michigan law requires this to be done by someone other than the person filing, typically through a professional process server, third party or the opposing party may accept service.

Proper service ensures your spouse is legally notified and can respond to the complaint. We can help you navigate the service process.

Step 4: Waiting Period

Michigan has a mandatory waiting period before a divorce can be finalized. If no minor children are involved, the waiting period is 60 days. If you have minor children, the waiting period extends to 6 months. This time is designed to allow for reconciliation or to finalize terms of the divorce.

Step 5: Negotiating Key Issues

During the divorce process, you and your spouse (or your attorneys) will negotiate key issues such as:

  • Child custody and parenting time: Determining where children will live and how time will be shared.
  • Child support: Calculated based on Michigan’s child support guidelines.
  • Division of marital property and debts: Equitably dividing assets like real estate, retirement accounts, and personal property.
  • Alimony (spousal support): If applicable, determining whether one spouse should provide financial support to the other.

Learn more about child custody, property division, and alimony on our website.

Step 6: Attending Mediation or Court Hearings

If you and your spouse cannot agree on certain terms, mediation or court intervention may be necessary. Mediation is often encouraged as a less adversarial way to resolve disputes. If mediation fails, a judge will decide unresolved issues during a hearing or trial.

Our experienced divorce attorneys can represent you in mediation or court to ensure your rights are protected. Contact us today to learn how we can assist.

Step 7: Finalizing the Divorce

Once all issues are resolved, the court will issue a Judgment of Divorce, which finalizes the divorce and outlines the terms agreed upon or ordered by the court. This document covers everything from property division to custody arrangements.

After the judgment is entered, you’re officially divorced and ready to start the next chapter of your life. Explore how we help finalize Michigan divorces efficiently.

How Long Does a Divorce Take in Michigan?

The timeline for a Michigan divorce depends on the complexity of the case. While uncontested divorces can be resolved in as little as 60 days, contested divorces involving disputes over children, property, or support may take several months or more.

Do I Need a Divorce Attorney?

While it’s possible to represent yourself in a divorce, having an experienced Michigan divorce attorney can make a significant difference. From navigating complex laws to advocating for your rights in court, an attorney ensures your interests are protected every step of the way.

Contact Legal & Business Services PLC to schedule a free consultation with our experienced family law attorney. We’re here to help you through this challenging time.

Take the Next Step Toward a New Chapter

Divorce marks the end of one chapter and the beginning of another. By understanding the Michigan divorce process and working with a knowledgeable attorney, you can move forward with confidence.

At Legacy Legal & Business Services PLC, we specialize in providing compassionate and effective representation for Michigan divorce cases. Whether you’re just starting the process or need help resolving disputes, we’re here to help.  Call us today at (616) 681-0100 or visit our website www.legacylegalbusiness.com to schedule your free consultation.