Filing for divorce can be a life-altering decision, with many details to work through. Understanding the process of how to file for divorce in Michigan is an essential first step toward moving forward.

Whether your situation is straightforward or complicated, being informed about the steps and requirements can help you approach the process clearly and confidently. Reach out a Michigan divorce lawyer for your legal assistance.

Steps to File for Divorce in Michigan

1. Decide what type of divorce fits your situation

There are two main types of divorces in Michigan: uncontested and contested.

• Uncontested
  Both spouses agree on all divorce terms, including issues like property division, custody, and support. This type of divorce is generally faster and less expensive.
• Contested
  Disagreements on key issues mean the court will need more involvement. Contested divorces often take longer and may require court hearings or trials.

Knowing which type applies to you will help you prepare for the process.

2. File divorce papers

To start the process, you must file a Complaint for Divorce in the circuit court of the county where you or your spouse lives. This document outlines your desire to dissolve the marriage and provides basic details about your situation, such as:

• How long you and your spouse have been married
• Whether there are children involved
• Disputes about property, custody, or finances

It’s important to ensure that the complaint is completed accurately. Mistakes could lead to delays or added complications.

You’ll also need to pay a filing fee when submitting your paperwork. The cost can vary by county, but fee waivers may be available if you can’t afford to pay upfront.

3. Serve divorce papers to your spouse

Legal requirements in Michigan state that your spouse must be formally notified of the divorce filing. This step, called service of process, ensures they know about the case and can respond.

You cannot personally deliver the papers. Instead, you can use:

• A professional process server
• A friend or family member over 18 who is not involved in the case
• Certified mail

Make sure to retain proof of service, as the court will require it to confirm that your spouse received the documents.

4. Wait for your spouse’s response

Your spouse has 21 days to respond if served in person or 28 days if served by mail. Their response will indicate whether they agree with the terms outlined in your complaint or if there are disagreements.

• Agreeing to the terms often leads to a smoother process.
• Contesting the terms may lead to further negotiation, mediation, or litigation.

If your spouse doesn’t respond within the time limit, you can request a default judgment from the court. This means the court may grant the divorce based on your terms.

5. Address temporary arrangements

While the divorce is in progress, you may need temporary solutions for issues like custody, support, or where each spouse will live. Filing a motion for temporary orders allows you to ask the court to establish these terms until the divorce is final.

Temporary arrangements can include:

• Setting child custody and visitation schedules
• Spousal or child support payments
• Deciding who remains in the marital home

These orders can provide structure and reduce conflict during the divorce process.

6. Focus on dividing property and debts

Michigan follows the principle of equitable distribution when dividing property and debts. This doesn’t always mean a 50/50 split but rather a fair division based on several factors, such as:

• The length of the marriage
• The contributions of each spouse (financial and non-financial)
• The needs and earning potential of both parties

Property divided during a divorce usually falls into two categories:

• Marital property
  Assets and debts acquired during the marriage. This could include joint bank accounts, the family home, cars, and retirement accounts.
• Separate property
  Assets one spouse owned before the marriage or received individually through gifts or inheritance.

You and your spouse can agree on property distribution through negotiation or mediation. If no agreement is reached, the court will decide.

7. Resolve custody and parenting time

Child custody and parenting time will likely be a primary concern if children are involved. Michigan courts prioritize the best interests of the child, considering factors such as:

• The emotional ties between the child and each parent
• The stability of each home environment
• The willingness of each parent to cooperate in parenting responsibilities

Custody decisions include legal custody (decision-making authority over key aspects of a child’s life) and physical custody (where the child lives). Parenting time schedules outline how much time the child spends with each parent.

8. Address child support and alimony

Child support ensures that both parents contribute to the financial needs of their children. Michigan uses a formula based on factors like:

• Each parent’s income
• The number of children
• Custody arrangements

Alimony, or spousal support, is determined on a case-by-case basis. Courts consider aspects such as:

• The length of the marriage
• The ability of each spouse to support themselves
• The standard of living during the marriage

Decisions about support can have a lasting effect on both parties, so it’s essential to understand your financial needs and responsibilities.

9. Attend mediation or hearings

If you and your spouse can’t agree on key issues, the court may order mediation. A neutral third party helps you work through disputes to find solutions both parties can accept.

Some cases may also require court hearings, where the judge considers evidence and arguments before deciding about unresolved matters.

10. Finalize the divorce

Once all issues are resolved, the court will schedule a hearing to finalize the divorce. This step involves presenting your agreements or, in contested cases, awaiting the judge’s rulings.

There is a mandatory waiting period before a divorce can be granted:

• 60 days if there are no children involved
• 6 months if the couple has children (though this may be shortened in certain circumstances)

At the final hearing, the judge will review the final settlement or court orders and enter a Judgment of Divorce. This legally ends your marriage.

Tips for Starting the Process on the Right Foot

Filing for divorce is about more than legal forms and court dates. Taking extra steps at the beginning can help set the tone for the rest of the process:

• Stay organized. Keep copies of all documents, including financial records, court papers, and correspondence with your spouse.
• Communicate clearly. Practice respectful communication with your spouse, especially if children are involved.
• Plan for the future. Consider your long-term goals when deciding on property, custody, and support arrangements.

How to Handle Joint Debts During a Divorce in Michigan

Dealing with joint debts can be one of the trickiest parts of a divorce. While dividing assets often gets the most attention, addressing shared financial responsibilities is just as important. Handling debts properly ensures both parties have a clear path forward and prevents future disputes.

How Michigan treats debt

Michigan uses the principle of equitable distribution, which applies to both assets and debts. This means that debts accrued during the marriage are divided fairly, though not necessarily equally. Income, financial contributions, and who benefited most from the debt may influence the court’s decision.

Debts classified as marital debts, such as joint credit cards, mortgages, or car loans, will typically be split between spouses. Debts that one spouse incurred before the marriage, like individual student loans, are usually treated as separate debts and remain with that spouse.

Steps to address joint debts

1. Get a complete financial picture

Start by gathering all the necessary information. Collect recent statements for joint credit cards, loans, mortgages, or any other debts shared with your spouse. Also, identify debts in individual names where a spouse may have acted as a cosigner.

Documenting everything gives you a clear understanding of what you’re dealing with and avoids surprises later.

2. Identify which debts are marital or separate

Review your debts to determine which ones were accumulated during the marriage and which ones existed beforehand. Some cases are straightforward, like a joint credit card used for household expenses.

Others may require additional details, such as whether an individual credit card was used for family or personal purposes. This categorization plays a large role in how debts are divided.

3. Decide how to manage joint debts during the divorce

Couples often have to decide what happens to debt in the short term while the case is underway. This includes deciding:

• Who pays minimum payments? Making at least the minimum payments on joint accounts protects both spouses’ credit scores. Skipping payments could result in late fees, damaged credit, and even collection notices.
• What to do about shared accounts? Some couples agree to freeze or cancel joint credit cards during a divorce to prevent further spending.

Temporary solutions can reduce financial tensions until final decisions are made.

4. Negotiate debt allocation

If you and your spouse agree, you can decide how to divide debts between yourselves. This often happens in uncontested divorces or through mediation. Options to consider include:

• Dividing debts evenly or based on income levels.
• Assigning specific debts to each spouse—for instance, one takes the car loan, and the other takes a credit card balance.
• Selling shared assets to pay off debts before dividing what remains.

Keep in mind that any agreement should be formalized and approved by the court so it becomes part of the final divorce judgment.

5. Be aware of liability after the divorce

A divorce agreement determines who is responsible for certain debts, but it doesn’t automatically release you from a lender’s contract. For example, if a joint credit card account remains open, both parties are still legally liable, even if the court assigned the debt to one spouse.

The same is true for loans where both spouses signed as cosigners. If your spouse fails to pay their portion of the debt, creditors may hold you accountable. Protecting yourself often requires taking additional steps like:

• Refinancing joint loans into individual names.
• Closing or removing your name from joint credit accounts when possible.

Failing to address this issue can result in unexpected financial setbacks long after the divorce is finalized.

Supporting Your Credit During and After Divorce

Divorce can affect your credit score, especially if joint debts are mismanaged. There are steps you can take to protect yourself during and after the process:

• Communicate with creditors. Notify lenders about the divorce to confirm their policies on handling joint accounts and note any necessary changes.
• Monitor your credit report. Regularly check your credit to ensure accounts are being managed according to court orders. Look for missed payments or errors that could harm your score.
• Pay your assigned debts on time. The court’s decision or mutual agreements don’t change your responsibility for debts under your name.

Actively protecting your credit ensures you’re better positioned for financial independence after the divorce.

Friedman Can Help You Move Forward After Filing

Filing for divorce in Michigan can feel overwhelming, but it’s often a necessary step toward a better future. Understanding the process, meeting your legal requirements, and making thoughtful decisions can help you confidently move forward.

If you’re ready to start the process or need guidance, contact a trusted legal professional for help. Michigan family law lawyers at Friedman Law Firm, we’re here to support you during this challenging time. Connect with us online to discuss your next steps.