Divorce in Michigan: What You Need to Know Before Filing

May 23, 2025

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.

Will a DUI in Macomb County Affect My License, Job, or Insurance?

June 29, 2025
If you’ve recently been charged with a DUI or OWI in Macomb County or the surrounding Southeast Michigan area, you probably have a lot of questions. One of the first things many people ask is how the charge could affect their driver’s license, their job, or their insurance. Facing an OWI charge is stressful, especially if this is your first time dealing with the legal system. This post walks through some of the possible outcomes and important things to know based on how these cases are typically handled in the local courts. First, a Quick Look at the Terms In Michigan, the term OWI (Operating While Intoxicated) is used more often than DUI, though people tend to use them interchangeably. You may also hear the term OUID (Operating Under the Influence of Drugs), which covers driving while impaired by substances other than alcohol. Whether it’s alcohol, marijuana, or a controlled substance, OWI charges are taken seriously in Macomb County, and local courts move quickly through the process. What Can Happen to Your Driver’s License? License penalties are common after an OWI charge, even before your case is finalized. For example: Implied Consent Violations : If you refuse to take a chemical test after arrest, the Michigan Secretary of State may automatically suspend your license for one year. This is separate from your criminal case. First OWI Conviction : This can lead to up to a 6-month suspension. In some cases, you may be eligible for a restricted license after 30 days. High BAC (.17 or higher) : This can trigger longer suspensions and require the installation of an ignition interlock device if a restricted license is granted. The local courts in Mt. Clemens often follow these guidelines closely, and the Secretary of State processes license penalties independently of the judge’s ruling. It’s important to be aware of both parts of the system. Can a DUI Affect Your Job? It depends on the type of work you do. For some people, an OWI has little or no impact on employment. For others, it can be more serious. Jobs that involve: Driving a company vehicle Holding a commercial driver’s license (CDL) Security clearances State licenses or professional certifications …may be affected by a DUI conviction. Employers in these situations often require notification of criminal charges or conduct background checks as part of ongoing employment. This is especially true in regulated fields like healthcare, education, law enforcement, or government contracting. If your job is unrelated to driving or licensing, your employer might not take any action at all. However, if you have a company policy that requires reporting arrests or convictions, it’s important to be proactive and check what’s required. What About Your Insurance? In most cases, your auto insurance rates will go up after a DUI conviction. Some insurance companies may even choose not to renew your policy. This isn’t something that happens immediately, but once the conviction hits your driving record, insurers may re-evaluate your policy at renewal time. Drivers with an OWI on their record may need to obtain SR-22 insurance , which is a special certification that proves you’re carrying the required amount of liability coverage. Michigan doesn’t require SR-22 in every OWI case, but your insurance provider may. Will This Stay on Your Record? Michigan has recently made changes to its expungement laws. Some first-time OWI offenses may now be eligible for expungement, but only under specific conditions and after a waiting period. Expungement is not automatic and requires a formal process through the court. If you’re thinking about long-term consequences, especially for your driving and criminal record, it’s worth speaking with an attorney to see what your options are. How Macomb County Courts Typically Handle OWI Cases In Macomb County, OWI cases usually start in district court. For residents in Mt. Clemens, that typically means the 41-B District Court. Judges in this court have handled hundreds of these cases, and they are familiar with all the nuances involved. The court process often includes: An arraignment Pre-trial conferences Review of police reports, body cam footage, and breathalyzer or blood test results Possible plea negotiations A sentencing hearing if there is a conviction Every case is different. Some people are eligible for sobriety court programs or other alternatives, depending on the facts of the case and their criminal history. Steps to Take After Being Charged If you’ve been charged with OWI in or around Macomb County: Don’t delay. Court dates often come up quickly. Don’t try to navigate it alone. The consequences of a conviction can follow you for years. Write down everything you remember from the traffic stop and arrest while it’s fresh in your mind. Gather any documents you’ve received and keep them in one place. You don’t have to go through this process without support. Local attorneys who work in the district courts every week understand what to expect and how to guide you through the steps. Need Help Navigating an OWI Charge in Mt. Clemens? Our team at Coppins Law Group has worked with many individuals facing DUI or OWI charges in the Macomb County area. We understand the pressure this puts on your life, and we’re here to help you understand your rights and options at every step. Disclaimer : This blog post is for general informational purposes only and does not constitute legal advice. Every case is different, and results can vary depending on the facts and circumstances. For legal guidance specific to your situation, please contact Coppins Law Group directly.

How Child Custody Is Determined in Divorce Cases Around Mt. Clemens and Macomb County

June 18, 2025
If you’re going through a separation or divorce and you have children, it’s likely that child custody is one of your biggest concerns. In the Mt. Clemens and greater Macomb County area, custody decisions are handled by the local family court system. Understanding how judges in this region typically approach custody can help you better prepare for the process ahead. Every case is unique, but here’s what you should know if you're facing a custody matter in this part of Southeast Michigan. What Judges in Macomb County Family Court Look For Courts in Macomb County, just like others in the region, are guided by what’s called the best interest of the child . Judges look at a variety of factors to decide what kind of custody arrangement will support the child’s physical, emotional, and educational well-being. Some of the specific things they might consider include: The emotional ties between the child and each parent Each parent’s ability to provide a stable home The child’s age and needs Any history of abuse or neglect The mental and physical health of all parties involved The willingness of each parent to encourage a relationship between the child and the other parent These are just a few examples. Judges have broad discretion and will look closely at the full picture before making a decision. Types of Custody That May Be Awarded Local courts may award joint custody or sole custody , and they’ll often divide custody into two categories: Legal Custody : This determines who has the authority to make decisions about schooling, medical care, and other major life issues. It’s common for parents to share legal custody unless the court sees a specific reason not to. Physical Custody : This refers to where the child lives most of the time. Some families have a shared parenting time schedule, while others may have one parent with primary custody and the other with scheduled visitation. In Macomb County, parenting time orders are generally detailed. Judges want clear schedules that outline school days, weekends, holidays, and even pick-up and drop-off times to help avoid conflict. What You Should Bring to a Custody Hearing If you’re preparing for a custody hearing in Mt. Clemens or a nearby court, there are a few things that can help your case: A detailed parenting time proposal that shows you’ve thought about the child’s needs Proof of a stable home environment Information about your work schedule and availability Any documentation related to the child’s school or healthcare needs If you have concerns about the other parent, especially regarding safety, substance use, or unstable living conditions, bring documentation to support those concerns. Local judges expect facts and evidence, not just opinions. What to Avoid During the Process While emotions can run high, it’s important to stay focused on the child’s well-being. Avoid speaking negatively about the other parent in front of your children or online, and follow any temporary court orders to the letter. Also, be careful about informal agreements that aren’t court-approved. Even if both parents agree on something, it won’t be legally binding unless it’s documented and approved by the court. Why Local Representation Matters Every county handles custody cases a little differently. Local knowledge can be a major advantage. Attorneys who regularly appear before Macomb County family court judges understand how to present a case effectively, what kind of evidence judges expect, and how to navigate the system without unnecessary delays. At Coppins Law Group, we represent clients in Mt. Clemens and the surrounding areas every day. We’re familiar with the expectations of the local courts, and we focus on helping clients feel informed and supported through the process. If Custody Agreements Break Down If there’s already a custody agreement in place but one parent isn’t following it, you may need to file a motion for enforcement or ask the court to modify the order. This happens more often than many people expect, especially as life changes — jobs shift, children get older, and new partners or moves come into play. The family court will always return to the best interest of the child when reviewing modification requests, but they also look at how well each parent has honored the current agreement. Next Steps if You’re Facing a Custody Dispute in Macomb County If you’re dealing with child custody in or around Mt. Clemens, make sure you know your rights and have the support you need. Custody matters are deeply personal, and you shouldn’t have to navigate them alone. Whether you’re just beginning a divorce, responding to a custody motion, or thinking about modifying an existing arrangement, our office is available to discuss your situation and what steps make the most sense for your family. Disclaimer : This blog post is for general informational purposes only and does not constitute legal advice. Custody outcomes depend on the specific facts of each case, and results can vary. For personalized legal guidance, contact Coppins Law Group directly to schedule a consultation.