Divorce FAQ

Most divorces settle before trial. In rare cases where issues can't be resolved through negotiation, a Family Court judge decides them at trial. In Michigan, divorce trials are conducted without a jury, and the courtroom is often the least appropriate place to air sensitive personal issues.

The Friend of the Court (FOC) usually handles divorces with minor children or paternity cases, but judges can refer any matter to a Referee. You'll meet your referee at the Early Intervention Conference to identify issues. Cooperating with your spouse typically minimizes FOC involvement.

It is always best to have independent legal counsel when preparing to file for divorce, or at least before agreeing to a consent judgment of divorce. Once a property settlement is entered with the court, it cannot be appealed and is rarely, if ever, modified.

Courts are less concerned with your private life than they once were, but dating during divorce carries risks. It can hurt settlement chances, confuse children, and affect custody, support and property division. Adultery remains a felony in Michigan. It's best to wait until your divorce is final.

Communications with a physician or therapist are generally protected by doctor-patient privilege, but you can waive it by consenting to disclosure or putting your treatment at issue. Courts may order psychiatric exams in high-conflict cases, and health professionals must report suspected abuse.

Temporary child support is awarded when parties separate and one has primary physical custody. It's set by a Michigan Supreme Court formula based on both parties' income. Payments typically take a few weeks to process through the Friend of the Court via income withholding, and can be modified later.

The total cost of a divorce can't be predicted because it depends on how reasonable the parties and attorneys are. Uncontested divorces with a consent judgment usually cost less, while disputed cases with multiple court trips cost more. At your initial interview, we'll assess your issues and project a fee range.

Michigan requires a 90-day waiting period for divorces without minor children and 180 days when children are involved. A judge may waive the 180-day period for compelling reasons, but not the 90-day period. Complex cases can take over a year, and post-judgment issues often arise.

In Michigan, there's no real advantage to filing first. Filing quickly can help obtain a "status quo" order freezing marital assets if your spouse may be transferring them. Filing a counterclaim makes both spouses plaintiffs, allowing either to appear for the final ruling.