Coming to terms with the end of your marriage is one of life’s most difficult realizations. In terms of stress, scientifically, divorce ranks second, right below the death of a spouse, as extremely stressful. ( Holmes, T.H., & Rahe, R.H., 1967). “The Social Readjustment Rating Scale.” Journal of Psychosomatic Research, 11(2), 213–218). In Mid-Michigan communities like Lansing, East Lansing, Grand Ledge, Charlotte, St. Johns, and Ionia, many people in your position are asking the same questions: Where do I start? What are my rights? Do I need a lawyer?
Understand Michigan’s No-Fault Divorce Law
Michigan is a no-fault divorce state. This means that the only requirement that needs to be met is that there has “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.” What it does not mean is that one spouse must accuse the other of wrongdoing to get a divorce in Michigan. However, “fault” such as infidelity, abuse, or financial misconduct can come into play when dividing property and determining support. That means judges can consider which spouse caused the breakdown of the marriage, but they are not required to. Frankly, most judges don’t consider fault unless it’s egregious. You must speak with your divorce attorney to see how “fault” may apply in your divorce. Experienced divorce lawyers mostly know how each judge views the issue of fault, and we can advise our clients accordingly.
File the Correct Documents in Circuit Court
All divorces in Michigan are filed in Circuit Court in the county where either party has lived for at least 10 days. If children are involved, we file the divorce case in the county where the children live. You must have resided in the state of Michigan for at least 180 days. We first draft the Complaint for Divorce, which will state your basic information, grounds for divorce, and requests for custody, support, property division, and other relevant matters. Many more documents are filed at the same time as the Complaint. Cases involving minor children, large marital estates, and small business ownership are more complex than simpler cases.
Know the Waiting Periods
Michigan law requires specific waiting periods before your divorce can be finalized:
- 60 days if there are no minor children.
- 6 months if there are minor children involved (though courts can occasionally shorten this period for good cause, such as domestic violence or severe financial hardship).
Take Steps to Protect Your Finances and Custody Rights
Once a divorce is filed, temporary orders can establish custody, parenting time, support, and exclusive possession of the marital home. These orders remain in effect until a judge changes them. Your attorney can advise you on which orders to file and what we should ask the court for, based on your needs and circumstances and our experience with your judge.
The Friend of the Court (FOC) will likely become involved if you share minor children with your spouse. The FOC conducts investigations, enforces orders, and makes recommendations to the judge.
Mediation and Settlement Options
Michigan Family Court judges in counties around Ingham, Eaton, Jackson, and Clinton often encourage mediation to reach agreements together, saving time and money in litigation. Your attorney can discuss how your mediation will work and negotiate on your behalf. Many divorcing Michigan couples can resolve property and support disputes through mediation before trial. Here in Mid Michigan, only a small number of cases actually go to trial. Experienced divorce attorneys understand how many cases will end and are able to negotiate terms favorable to their clients.
FAQs About Starting a Divorce in Michigan
Q: Can we both use the same lawyer?
A: No. A lawyer can represent only one party due to conflicts of interest.
Q: What if I can’t afford a lawyer?
A: Legal aid or pro bono assistance may also be available in your area. The worst option is usually to have no attorney at all. Almost always, having an attorney get involved in your case too late will cost more than hiring an attorney to do it correctly from the beginning.
Q: What happens to our house and debts?
A: Michigan courts divide marital property “equitably,” meaning fairly, but not always equally, based on factors like income, contribution, and need.
Don’t Navigate Alone — Hire an Experienced Family Law Attorney
Michigan divorce involves more than just paperwork. Each decision, about property, parenting, or support, can affect your life for years. A skilled Michigan divorce attorney can guide you from uncertainty to resolution, ensuring your rights, your finances, and your children’s well-being are protected. An attorney can help you:
- Properly draft and file all required pleadings. You cannot and should not rely on the internet, form books, or your friends to know the law.
- Protect your interests during property division and child custody disputes.
- Negotiate fair settlement terms.
- Represent you in court when necessary.
Call The Kronzek Firm Today!
If your marriage is over, you are not alone, and you don’t have to face the legal system without help. At The Kronzek Firm, we help clients throughout Michigan navigate the entire divorce process from beginning to end. We are familiar with the Ingham, Eaton, and Clinton County Family Courts, understand the judges, Friend of the Court staff, and local procedural nuances. We understand Michigan law and can offer you practical guidance and help you protect your rights during the divorce process. If you live in Lansing, Okemos, Dewitt, Mason, or any of the surrounding Michigan cities, contact us today for a consultation.
📞 Our seasoned attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Lansing office 24/7 by calling (517) 886-1000.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]