Different Types of Divorce in Michigan (Part 2)

In the first portion of this two part series we looked at the difference between fault and no-fault divorces, and what Michigan’s current laws are regarding divorce. Michigan is a no-fault divorce state, but within those parameters there are several different ways that a divorce can be handled.


Contested divorce:

In this type of divorce the spouses are unable to agree on settlement issues like child custody and division of marital assets. In these situations, the couple will usually end up in court, which means that the process takes longer and costs more. Also, the presiding judge controls the outcome and makes all of the decisions regarding settlement issues.


Uncontested divorce:

When both parties can come to an equitable agreement and present the court with a fair division of assets, and alimony agreement, the divorce is considered to be “uncontested”. These types of divorces, where the couple is willing to cooperate and negotiate without litigation, tend to be both cheaper and faster.

Both collaborative divorce and mediated divorce are considered to be forms of uncontested divorce. Current statistics show that approximately 95% of divorces in the U.S. are uncontested.


Collaborative divorce:

This is a process by which divorcing couples reach an agreement on their divorce issues. In a collaborative divorce, the spouses each hire an attorney who is trained in the collaborative divorce process, and negotiate to reach a resolution, often with the assistance of a neutral financial specialist and/or divorce coach.


A collaborative divorce agreement requires that the couple make their own choices and decisions based on their own interests and the needs of their children, if any. Also, both parties agree to full disclosure and, per the agreement, the divorce proceedings may not be taken to court. Once the process begins, the attorneys representing each person are subject to disqualification should the collaborative law process end prematurely, or end up in court.


Mediated divorce:

A mediated divorce occurs when the divorcing couple hires an Attorney Mediator, in addition to their own attorneys, to act as a neutral mediator in attempt to assist in resolving contested issues. Mediation can occur in any divorce where there are unresolved issues, although it is more commonly the contested divorces that require mediation. The  job of the mediator is to facilitate the discussion by providing assistance with communication and problem solving, providing information, and making suggestions aimed at helping to resolve disputes.


By the end of the mediation process, the divorcing couple should have developed a divorce agreement that is tailored to their individual needs, which can be submitted to the court.


We hope this quick break down has been helpful and informative to you. However, if you have any questions about the divorce process, or are considering divorce yourself, please don’t hesitate to contact our skilled divorce attorneys here at The Kronzek Firm. We have decades of experience handling divorces of all kinds for our clients, and have a long track record of getting very favorable reviews.


Stephanie just finished settling my divorce case. She did an excellent job handling every aspect of the case. When I came to her looking for an attorney, not knowing what was to come, angry and upset, she did excellent job reassuring me that everything was going to be okay. She explained the divorce process, what I could expect over the next few months and outlined the possible outcomes. She was well aware of my financial situation and very limited expendable income and did a great job doing whatever she could to keep my costs down. At times she would even remind me that she is happy to pursue any direction I wanted to go, but the cost involved may not outweigh the outcome. She did an excellent job letting me know where I could do things myself rather than paying the firm to do it as well as provided assistance to make sure I did it in the proper manner. And what was most impressive is a meeting with the ex and her lawyer. Stephanie actually had her phone out pulling up case law and verifying it to make sure the ex and her lawyer didn’t get something over on me. VERY IMPRESSIVE!. If you want an excellent attorney who isn’t going to tell you what you want to hear just to increase the cost for the firm’s benefit, call Stephanie Service.

Brian on Avvo, 2014