Divorce in Michigan: What You Need to Know Before Filing

Divorce is never easy, but understanding how the process typically works in Michigan may help you make informed decisions from the start. Whether you're considering filing or just want to be prepared in case things move in that direction, this article outlines key information to understand about the divorce process in Michigan.

Michigan Is a No-Fault Divorce State

Michigan follows a no-fault divorce system. This means you generally do not have to prove that your spouse did anything wrong to file for divorce. The only legal reason typically required is that "there has been a breakdown of the marriage to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved."

This allows for a more straightforward process, at least from a legal standpoint. However, while fault is not required to file, it may still be considered in some cases when dividing property or determining spousal support.

Residency Requirements

To file for divorce in Michigan, you or your spouse must meet certain residency requirements:

One spouse must have lived in Michigan for at least 180 days before filing
One spouse must have lived in the county where the case is filed for at least 10 days

If both spouses have recently moved, it's important to verify whether you meet these timelines before starting the process.

What Typically Happens When You File for Divorce

The process generally begins when one spouse (the plaintiff) files a complaint for divorce in the county circuit court. This document typically outlines the reason for the divorce and requests certain outcomes, such as child custody, property division, and alimony.

Once filed, the other spouse (the defendant) will usually be served with the complaint and has a limited time to respond—typically 21 days if served in person, or 28 days if served by mail.

If the other party fails to respond, the court may proceed with a default judgment, potentially granting the filing spouse the terms requested in the complaint.

Waiting Periods in Michigan

Michigan law imposes mandatory waiting periods depending on whether children are involved:

No children: 60-day waiting period
Minor children involved: 180-day waiting period

This means your divorce generally cannot be finalized until the appropriate time has passed, even if both spouses agree on all terms.

Child Custody and Support Considerations

If you have minor children, your divorce will typically include custody, parenting time, and child support determinations.

Michigan courts use the best interest of the child standard when making custody decisions. Parents may be awarded joint legal custody (decision-making authority) or one may be awarded sole legal custody. Physical custody and parenting time schedules will also typically be outlined in the final judgment.

Child support is generally calculated using a statewide formula that considers income, number of overnights, and other factors like childcare costs and insurance. The Michigan Child Support Formula is typically required, but in some cases, deviations may be allowed with proper justification.

Property Division: Equitable Distribution

Michigan is an equitable distribution state. This means marital property will typically be divided fairly, but not always equally. The court will generally examine:

The length of the marriage
Contributions by each spouse (including homemaking)
Earning capacity and financial situation
Age and health of each spouse
Any fault that contributed to the breakdown of the marriage

Marital property typically includes assets and debts acquired during the marriage, such as homes, vehicles, bank accounts, retirement accounts, and credit card debt. Separate property, such as an inheritance or pre-marital assets, may not be subject to division unless it was commingled or increased in value due to joint efforts.

Alimony (Spousal Support) Considerations

Alimony is not automatic in Michigan. The court will typically consider whether one spouse needs support and whether the other has the ability to pay. Factors may include:

Length of the marriage
The age and health of both parties
Each spouse's income and earning potential
Standard of living during the marriage
Contributions to the marriage (including raising children)
Fault or misconduct, if relevant

There are different types of spousal support that may be considered: temporary (during the divorce), rehabilitative (to help one party become self-sufficient), or long-term (in certain cases). A skilled divorce attorney in Michigan may help evaluate these factors based on the unique circumstances of your case.

Working with a Lawyer for Divorce

While it is technically possible to represent yourself, working with a divorce attorney may provide significant advantages. Divorce involves important legal rights around custody, property, and finances. Mistakes made early in the process may be difficult or impossible to correct later.

Working with a Michigan divorce attorney may help you:

Avoid common legal pitfalls
Understand your rights under Michigan law
Properly value and evaluate marital property
Ensure parenting time and support matters are handled appropriately
Navigate alimony considerations

At Coppins Law Group, PLLC, the firm assists clients in Mount Clemens and surrounding areas in navigating divorce proceedings.

Mediation and Settlement Options

Many divorce cases in Michigan are resolved outside of court through negotiation or mediation. This approach often leads to faster, less expensive, and less stressful outcomes.

If the parties can agree on terms, they may draft a consent judgment of divorce that the judge will review and, if approved, finalize.

Even if you're open to settling, having a divorce lawyer review any agreements before signing may be important to avoid potential long-term consequences.

High-Conflict or Contested Divorce

In some cases, parties cannot agree on major issues like custody, support, or property. This is called a contested divorce and may involve:

Discovery (gathering financial and legal documents)
Depositions
Multiple court hearings
A final trial

While this can be a longer and more expensive process, it may be necessary when one side refuses to cooperate or when there are major disagreements about facts or fairness.

Asset Discovery Considerations

If you believe your spouse may be hiding income, business interests, or assets, an attorney may help with discovery tools to investigate. Courts typically take this seriously, and any party caught hiding property may face penalties and lose credibility with the judge.

A skilled divorce attorney may be able to subpoena bank records, tax filings, and other documents to help uncover the full financial picture.

Final Judgment and Aftermath

Once all issues are resolved, the court will typically enter a final judgment of divorce, which outlines all custody, support, and property terms.

This document is legally binding. If either party violates its terms, the other may seek enforcement through the court. Modifications may be possible later, but typically only if there is a significant change in circumstances.

Understanding the Process

Divorce can feel overwhelming, but understanding what to expect may make the process less intimidating. Michigan law has established procedures for how custody, property, and support are typically handled, but every case involves unique circumstances.

If you're thinking about filing or need guidance during a divorce, the team at Coppins Law Group, PLLC is available to discuss your situation. The firm provides honest assessment, skilled representation, and advocacy for clients in Mount Clemens and across Michigan.

Disclaimer: This article provides general information about Michigan divorce law and is not intended as legal advice. Every divorce case involves unique circumstances that require individual legal analysis. The information contained in this guide should not be used as a substitute for professional legal counsel. For advice specific to your situation, please consult with a qualified family law attorney.

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Understanding How Child Custody Is Decided in Michigan

May 14, 2025

If you're going through a separation or divorce in Michigan and have children, custody decisions are likely one of your biggest concerns. Who will the child live with? How much time will each parent get? What rights do both parents have? These are questions that come up in nearly every case involving minor children. This informational guide will walk you through how child custody is typically decided in Michigan so you can understand what to expect and how the process generally works. The Basics: Two Types of Custody Michigan law divides custody into two categories: Legal custody refers to the right to make major decisions about the child's life. This includes education, medical care, and religious upbringing. Physical custody refers to where the child lives on a daily basis and who is responsible for day-to-day care. Each type of custody can be awarded to one parent (sole custody) or shared between both parents (joint custody). Courts in Michigan often consider joint legal custody unless there are clear reasons that might make this arrangement unsuitable. Best Interest of the Child Standard The most important factor in any custody case is what the court calls the best interest of the child. Michigan courts follow 12 specific factors outlined in Michigan Compiled Laws Section 722.23 to evaluate what arrangement might support the child's welfare and development. These factors include: Factor A : The love, affection, and emotional ties between the child and each parent Factor B : The ability of each parent to provide the child with love, affection, guidance, and to continue education and religious upbringing Factor C : The capacity to provide the child with food, clothing, medical care, and other material needs Factor D : The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity Factor E : The permanence of the proposed custodial home as a family unit Factor F : The moral fitness of each parent Factor G : The mental and physical health of each parent Factor H : The child's home, school, and community record Factor I : The child's reasonable preference, if the court considers the child to be of sufficient age to express preference Factor J : The willingness and ability of each parent to facilitate and encourage a close relationship between the child and the other parent Factor K : Any history of domestic violence, regardless of whether it was directed at or witnessed by the child Factor L : Any other relevant factors specific to the particular custody dispute The judge examines all of these details and makes a decision based on what appears to serve the child's needs and welfare. How Courts Typically Approach Decisions There is no one-size-fits-all custody plan. Some families end up with equal parenting time, while others may have one parent with primary custody and the other with a scheduled parenting time arrangement. Courts will typically examine each parent's history of caregiving, living arrangements, job schedules, and communication abilities to determine what might work best for the child. Joint legal custody is commonly considered in Michigan cases. Joint physical custody may also be evaluated, particularly when both parents live reasonably close to each other and have demonstrated an ability to co-parent effectively. When Parents Agree If both parents agree on custody and parenting time, the court will usually approve the agreement unless it appears to go against the child's best interest. This approach may save time, stress, and legal expenses. Agreements are typically detailed and in writing, outlining where the child will live, a schedule for parenting time, and how decisions will be made about school, health care, and other major issues. When Parents Do Not Agree When parents disagree on custody, the case may go to mediation first. Mediation provides both sides an opportunity to reach an agreement with the help of a neutral third party. If mediation is unsuccessful, the court will schedule a hearing. Each side presents evidence and testimony, and the judge makes a decision. The court may also appoint a guardian ad litem or a custody evaluator to investigate and report on the child's best interests. Parenting Time in Michigan Michigan law encourages frequent and continuing contact with both parents when it appears to be in the child's best interest. Parenting time (sometimes called visitation) is usually part of every custody order. Standard parenting time arrangements may include: Alternating weekends Weekday evening visits Alternating holidays Extended summer breaks Courts may also order supervised parenting time in cases involving safety concerns. Can a Child Choose Which Parent to Live With? In Michigan, a child does not have the legal authority to choose which parent to live with. However, a judge may consider the child's preference depending on the child's age, maturity, and reasoning ability. The preference is just one of the 12 factors courts consider. The court will not typically base its decision on the child's choice alone. What Happens if a Parent Wants to Move? If a parent wants to move more than 100 miles away or out of state with the child, they must either get permission from the other parent or seek court approval. This is called a change of domicile. The court will typically consider: The reason for the move Whether the move will improve the quality of life for the child and the moving parent The impact on the child's relationship with the other parent Whether parenting time can still be preserved Relocation cases are often complex and generally require court approval, even if one parent has primary custody. Modifying a Custody Order Life changes. Job schedules shift, children grow, and new challenges arise. Either parent may ask the court to modify an existing custody or parenting time order, but they must typically show: A material change in circumstances has occurred The change affects the best interest of the child Examples might include a parent moving, changes in the child's academic or health needs, or concerns about safety. Working with a Family Law Attorney for Child Custody While it is possible to represent yourself, working with a family law attorney in Michigan may provide significant advantages. At Coppins Law Group, PLLC, the firm understands custody laws, knows how local courts approach these cases, and may help clients present their case clearly and effectively. An experienced child custody lawyer may: Prepare and file court documents correctly Represent clients in mediation or court hearings Help build a case focused on the child's best interest Advocate for fair and realistic parenting plans Understanding the Process Custody decisions have a long-term impact on your child's life and your rights as a parent. Understanding how child custody is typically decided in Michigan may help you make informed choices and avoid common pitfalls. If you're going through a custody case or have questions about parenting time, legal custody, or modifications, the attorneys at Coppins Law Group, PLLC, are available to discuss your situation. Contact them today to schedule a consultation. Disclaimer : This article provides general information about Michigan child custody law and is not intended as legal advice. Every custody case involves unique circumstances that require individual legal analysis. The information contained in this guide should not be used as a substitute for professional legal counsel. For advice specific to your situation, please consult with a qualified family law attorney.

Michigan Child Custody Guide: What to Expect in Your Case

May 7, 2025

Understanding Michigan child custody law can be helpful when facing separation or divorce with children involved. The legal process can feel overwhelming, particularly when emotions run high and the outcome directly impacts your relationship with your children. This informational guide explains what one might expect in a Michigan child custody case, including legal definitions, court decision-making processes, and how family law attorneys may assist in protecting parental rights. Understanding Child Custody Types in Michigan Michigan law recognizes two distinct categories of child custody, each serving different purposes in your family's legal arrangement. Legal Custody in Michigan Legal custody grants the authority to make significant decisions regarding your child's welfare, including education, healthcare, religious upbringing, and general well-being. Michigan courts can award legal custody in different ways: Sole Legal Custody: One parent receives exclusive decision-making authority for all major choices affecting the child's life. Granting sole legal custody to a party is not very common, however there are facts and circumstances sufficient to do so. Joint Legal Custody: Both parents share responsibility for major decisions affecting their child. Unlike parenting time, which defines the frequency and duration each parent spends with a child, legal custody describes decision making authority. Courts examine whether parents can work together constructively before awarding joint legal custody. Physical Custody and Parenting Time in Michigan In Michigan, physical custody is typically referred to as "parenting time." Parenting time shall be granted in accordance with the best interests of the child. It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents. Primary Physical Custody: The child primarily resides with one parent, while the other parent receives parenting time. The custodial parent handles day-to-day care responsibilities and decisions. Shared Physical Custody: The child spends substantial time with both parents. Parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time. How Michigan Courts Determine Child Custody Michigan law provides a clear framework for custody decisions through the 12 best interest factors outlined in Michigan Compiled Laws Section 722.23. These factors guide all custody determinations and ensure decisions serve the child's welfare. The 12 Best Interest Factors in Michigan Michigan courts must consider each of these factors when making custody decisions: Factor A: Love, Affection, and Emotional Ties: The court evaluates the emotional bond between each parent and the child, examining who the child turns to for comfort and support. Factor B: Capacity to Provide Love, Affection, and Guidance: This assesses each parent's ability to nurture the child and continue their education and religious upbringing if applicable. Factor C: Capacity to Provide Material Needs: Courts examine each parent's ability to provide food, clothing, medical care, and other essential needs. Factor D: Length of Time in Stable Environment: The court considers how long the child has lived in a stable, satisfactory environment and the importance of maintaining continuity. Factor E: Permanence as a Family Unit: This factor focuses on the stability of the proposed custodial arrangements and the permanence of the family environment. Factor F: Moral Fitness: Courts evaluate each parent's moral fitness as it relates to their ability to function as a parent, not as a judgment of overall moral character. Factor G: Mental and Physical Health: The physical and mental health of both parents is considered, focusing on how it affects their parenting ability. Factor H: Home, School, and Community Record: The child's performance and adjustment in their current environment is evaluated. Factor I: Child's Reasonable Preference: If the court considers the child to be of sufficient age to express preference, their wishes will be considered. In Michigan, kids age 17 or older can decide which parent to live with, while kids as young as 9 could be asked to voice their preference. Factor J: Willingness to Facilitate Parent-Child Relationship: A court is required to consider each factor and make findings on the record and factor j is the most important best interest factor. Courts examine whether each parent will encourage the child's relationship with the other parent. Factor K: Domestic Violence: Any history of domestic violence is carefully considered, regardless of whether the violence was directed against or witnessed by the child. Factor L: Any Other Relevant Factor: Courts may consider additional factors relevant to the specific custody dispute. Mediation and Parenting Plans in Michigan Michigan courts encourage parents to work together to develop parenting time arrangements that serve their child's best interests. If the parents of a child agree on parenting time terms, the court shall order the parenting time terms unless the court determines on the record by clear and convincing evidence that the parenting time terms are not in the best interests of the child. A comprehensive parenting plan typically addresses: Weekly residential schedules and transitions Holiday and vacation arrangements School and extracurricular activity coordination Healthcare decision-making protocols Transportation and exchange procedures Communication methods between parents When parents reach an agreement through mediation or negotiation, courts typically approve the plan unless it clearly conflicts with the child's best interests. Emergency and Temporary Custody Orders Emergency Custody Protection When a child faces immediate danger, parents may need emergency intervention. A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health. Emergency situations may include: Domestic violence incidents Substance abuse affecting child safety Physical or emotional neglect Credible threats to the child's welfare Temporary Custody During Proceedings While custody cases proceed, courts can issue temporary orders that establish structure and stability for the child. These temporary arrangements often influence final custody decisions, particularly when one arrangement proves beneficial for the child. Modifying Existing Custody Orders Michigan law allows for custody modifications when circumstances change significantly. Courts must determine whether there has been a material change in circumstances that affects the child's best interests. Grounds for Custody Modification Courts may approve custody modifications when substantial changes occur: Parental relocation affecting parenting time schedules Changes in the child's educational or medical needs Alterations in parental work schedules or financial circumstances Concerns about a parent's fitness or new living situation Evidence of parental alienation or interference with custody The requesting party must demonstrate both a material change in circumstances and that the proposed modification serves the child's best interests. Child Preference in Custody Decisions Michigan law specifically addresses children's preferences in custody decisions. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference, is one of the 12 statutory factors. Courts consider: The child's age and maturity level The reasoning behind their preference Whether the preference results from parental manipulation or pressure The child's understanding of the custody implications The preference of the child will not be shared with anyone, including lawyers, parents, or siblings when the court conducts private interviews. Parenting Time Rights in Michigan Michigan law presumes that children benefit from strong relationships with both parents. Parenting time shall be granted in accordance with the best interests of the child, and courts encourage frequent and meaningful contact unless safety concerns require restrictions. Standard Parenting Time Arrangements Typical parenting time schedules may include: Alternating weekends with the non-custodial parent Weekday evening visits Rotating holiday arrangements Extended summer vacation periods Special arrangements for birthdays and important events Supervised Parenting Time In cases involving safety concerns, courts may order supervised parenting time. This allows the parent and child to maintain their relationship while ensuring the child's protection during visits. Relocation with Children Parents cannot simply move away with their children without legal approval when it affects the other parent's parenting time. Michigan courts carefully evaluate relocation requests using the best interest factors. When a parent wishes to relocate, they must: Provide formal notice to the court and other parent Attend a court hearing to justify the relocation Demonstrate that the move serves the child's best interests Propose alternative parenting time arrangements if approved Why Professional Legal Representation Matters Navigating Michigan custody law without experienced legal guidance may create challenges for your family. Family law attorneys understand how courts apply the 12 best interest factors and may help build compelling arguments supported by legal precedent and factual evidence. At Coppins Law Group, PLLC, attorney Shawn Coppins brings extensive litigation experience to family law cases throughout Michigan. The firm represents clients in divorce and child custody cases, as well as other family law matters, with a commitment to: Protecting your fundamental parental rights Speaking to you in plain English, not legalese Taking actions that are truly in your best interest Providing accessible, down-to-earth legal counsel Ensuring you can talk to your attorney when needed Common Custody Case Mistakes to Avoid Protecting your standing with the court requires avoiding these critical errors: Speaking Negatively About the Other Parent: Disparaging your co-parent in front of your child can damage your custody case and harm your child's emotional well-being. Interfering with Parenting Time: Denying the other parent their court-ordered time can result in contempt charges and custody modifications. Failing to Document Communications: Keep records of all parenting-related communications, schedule changes, and parenting time exchanges. Ignoring Existing Court Orders: Following current custody orders demonstrates respect for the legal process and protects your credibility with the court. Poor Performance on Best Interest Factors: Understanding how your actions relate to Michigan's 12 factors helps you make decisions that support your custody case. Moving Forward with Confidence Child custody cases create stress and uncertainty, but understanding the process may help. Learning about Michigan's 12 best interest factors and what one might expect in a custody case can help in making informed decisions regarding parental rights. Whether you are beginning the custody process or need assistance modifying an existing order, experienced legal representation can make a significant difference in your case outcome. If you are facing a custody case in Michigan, contact Coppins Law Group, PLLC today to schedule a free initial consultation. Let the experienced team help you navigate this process with clarity and confidence while protecting what matters most: your relationship with your child. Disclaimer: This article provides general information about Michigan child custody law and is not intended as legal advice. Every custody case involves unique circumstances that require individual legal analysis. The information contained in this guide should not be used as a substitute for professional legal counsel. For advice specific to your situation, please consult with a qualified family law attorney.