Process of an Uncontested Divorce in Michigan

You can get an uncontested Michigan divorce if you have lived in the state for at least 180 days and resided in the county where you file the petition for a period of 10 days or more. There are only 3 ways to end a marriage in Michigan, which are, annulment, separate maintenance or divorce. Unlike other states where a couple may file for legal separation prior to divorce, Michigan calls this “separate maintenance”. Under this scenario, the parties remain married, but agree to divide up the marital property. These cases are rare and usually done when one spouse wants to remain covered by the other’s health insurance benefits.

Rules for Uncontested Divorce in Michigan

Michigan is a “no-fault” divorce state, which means that you don’t have to show grounds for divorce. You only have to prove that your marriage has irretrievably broken down with no hope of reconciliation. However, fault does play a role in the court’s decisions regarding property, child custody and alimony. If there are no children from the marriage, a divorce can be granted in 60 days. When children are involved, you must wait until 6 months have passed before the divorce is final. To obtain an uncontested divorce, both parties must agree on all the issues. If they cannot agree about child custody or asset distribution, it will then become a “contested” divorce.

Child Custody and Division of Assets

Michigan is an equitable distribution state. This basically means that the court can distribute any property or assets equitably, not necessarily equally among the parties. Michigan encourages the parents to work out a joint custody agreement concerning the children. The parent without primary physical custody will be awarded “Parenting Time” which is also known as visitation rights. The amount of child support is calculated by adding up the income of both parents, the number of children to be cared for, and how much time each parent will spend with the children.

The “Friend of the Court” System in Michigan

In 1919, the Michigan constitution passed the “Friend of the Court Act”. It was established to protect minor children in divorce cases. The Office of the Friend of the Court applies the legal theory of “one court of justice” throughout the state’s courts. They act as the eyes and ears of the family court division and provide assistance by doing the following:

Conduct investigations
Hold hearings and make recommendations regarding division of property, child support and visitation, and spousal support
Provides alternative dispute resolution for the family
Collects and processes alimony and child support payments
Enforces family court orders regarding alimony and child support

Their primary goal is to assist families in working out their custody and parenting issues while going through the divorce process. They cannot provide legal advice, enforce protection orders or investigate claims of child or spousal abuse.

How a Family Law Attorney Can Help

Most couples seeking divorce often have trouble agreeing on how to resolve their issues without help from others. An experienced divorce attorney can assist you by providing legal answers and solutions. You might not need an attorney if you and your spouse can come to an amicable agreement, but it’s always a good idea to get an initial consultation before proceeding with your divorce.

Thinking About Divorce?