» Michigan Divorce FAQs

No. Because divorcing spouses’ interests are inherently opposed—what one spouse receives, the other does not—one lawyer cannot ethically represent both of you. One spouse may hire an attorney while the other represents themselves, but that attorney owes loyalty only to their client.

Not necessarily. If you and your spouse reach a full settlement, your divorce may be finalized with only a brief, uncontested hearing—or sometimes even without appearing in court. If disputes arise, you may need hearings or a trial. Your attorney will guide you through what to expect.

If you and your spouse don’t have minor children, the minimum waiting period is 60 days from the date of filing. If you do have minor children, the waiting period is six months, although a judge can shorten it for good cause—but never to less than 60 days. Remember, these are minimums; divorces often take longer depending on issues like property division, custody disputes, or court scheduling.

No. Your property rights in a divorce don’t depend on whether you stay in or move out of the marital home. In Michigan, marital property generally includes anything either spouse acquired during the marriage, regardless of whose name is on it or who lives in it. Moving out does not mean giving up your share of the home’s value.

That said, if you have children, moving out without a clear parenting plan in place can create challenges. Judges often look at the living arrangements during the divorce when deciding custody and parenting time. If one parent leaves the home and the children remain with the other, it can unintentionally influence how the court views stability and caregiving.

Before making a decision to leave the home when children are involved, it’s important to talk to an attorney. We can help you evaluate both the property and parenting implications and make a plan that protects your interests and your children’s well-being.

Yes—but “no-fault” doesn’t mean fault never matters. To get divorced, you only need to show that the marriage has broken down and cannot be repaired. However, one spouse’s misconduct–such as financial waste, abuse, or infidelity–can still affect issues like property division, spousal support, and sometimes child custody.

Sometimes. Filing first may give you some procedural benefits, such as choosing the county when spouses live in different counties, setting the initial timeline, and obtaining immediate orders. It’s best to discuss your circumstances with an attorney before making that decision.

People often describe their divorce as “uncontested” because they and their spouse generally agree that they want to end the marriage. But a truly uncontested divorce means that both spouses agree on every single issue—property division, custody, parenting time, child support, spousal support, and all the details in between.

In reality, even couples who agree on the big picture often find there are details to work through once everything is reduced to the written document required by the court. That doesn’t mean your divorce has to become hostile—it just means there may be more to resolve than you expect. Even when details arise that need to be fleshed out, many divorces are still resolved quickly through negotiation, which keeps the process efficient and low-conflict.

Having an attorney ensures your agreements are thorough, enforceable, and in your best interest—so that what feels “uncontested” today doesn’t lead to surprises or disputes later.