Divorce Lawyer in Michigan

Clear Guidance and Strong Representation Through Every Stage of Your Divorce

Divorce changes almost everything at once: your home, your finances, your daily routine, and often your time with your children. You need a Michigan divorce lawyer who explains your options plainly and stands up for your rights.

At Bailey & Terranova, P.C., our Michigan divorce attorneys bring more than nine decades of combined family law experience to every case. We can work toward a calm settlement when that serves you best, and we’re ready to go to court when it doesn’t.

Call 517.236.7187 or schedule a consultation to talk through your situation.

Contested Divorce Attorney in Michigan

A divorce is contested when spouses can’t agree on one or more issues, such as property division, child custody, parenting time, child support, or spousal support. Even a disagreement over a single issue makes a divorce contested.

Contested cases usually involve temporary orders, discovery, negotiation or mediation, and sometimes a trial. A contested divorce lawyer protects your rights at each step, from gathering financial information to preparing your case for court. Many contested divorces still settle before trial, and we pursue the outcome that serves you best.

Learn more about contested divorce, or call 517.236.7187 to schedule an initial consultation.

Uncontested Divorce

An uncontested divorce means the spouses agree on every term: division of marital property, alimony settlement, child custody arrangements, and child support.

Uncontested divorces are usually faster, less expensive, and less stressful, so they’re worth pursuing when they’re realistic. They aren’t always realistic, especially when there is domestic abuse, deep conflict over the children, or disagreement about marital assets. An uncontested divorce becomes contested the moment one spouse disagrees on a single term, and a contested one can become uncontested if you negotiate your way to agreement.

How Divorce Works in Michigan

Michigan is a no-fault divorce state. Neither spouse has to prove the other did something wrong. The court only needs to find that the marriage is irretrievably broken, meaning the relationship has broken down and there is no reasonable likelihood it can be saved.

Fault doesn’t disappear entirely. Facts like abandonment, adultery, or domestic abuse can still affect decisions about marital property and spousal support. If any of these are part of your situation, speak with a divorce attorney early.

Divorce Filing Requirements

Before you can file for divorce in Michigan, you must meet two residency rules:

• You or your spouse must have lived in Michigan for at least 180 days before filing.
• You or your spouse must have lived in the county where you file for at least 10 days.

Waiting Periods

• No minor children: at least 60 days.
• Minor children: at least 180 days.

The 180-day period can sometimes be shortened in certain circumstances, but never to fewer than 60 days. These are minimums, not predictions. Contested cases often take considerably longer.

The Divorce Process, Step by Step

Every divorce is different, but most follow the same general path.

1. Filing the Complaint

The divorce begins when one spouse files a complaint for divorce in the circuit court and serves the other spouse. If children are involved, the case also raises custody, parenting time, and child support.

2. Temporary Orders

While the case is pending, the court can issue temporary orders on matters like parenting time, child support, spousal support, and who stays in the home. The Michigan Friend of the Court helps handle these issues when children are involved.

3. The Discovery Process

Each side exchanges financial and other relevant information, including income, debts, bank and retirement accounts, real estate, and business interests. Complete, accurate disclosure is the foundation for a fair property division.

4. Negotiation and Mediation

Most divorces settle without a full trial. Settlement talks can happen directly between attorneys or with a neutral mediator.

5. Trial, if Needed

When spouses can’t agree, a judge decides the open issues after hearing evidence from both sides.

6. Final Judgment

The case ends with a judgment of divorce that sets out property division, custody and parenting time, and support. If circumstances change later, some orders can be changed through post-judgment proceedings.

Types of Divorce Cases We Handle

No two marriages are alike, and no two divorces should be handled the same way. Our attorneys handle:

• Contested divorce: spouses disagree on property, custody, support, or other issues.
• Uncontested and mutual consent divorce: spouses agree on the terms and need the agreement done correctly.
• No-fault divorce: the standard path in Michigan, with no requirement to prove wrongdoing.
• Simplified divorce: a streamlined approach for straightforward circumstances.
• Collaborative divorce: both sides work cooperatively toward a negotiated outcome.
• High-asset divorce: significant property, investments, retirement accounts, or business interests.
• Military divorce: cases involving service members and out-of-state spouses.
• LGBTQ+ divorce: representation for same-sex couples ending a marriage, including questions of parentage and parenting time.
• Divorce involving a non-U.S. citizen: cases where immigration status adds legal and practical concerns.

Property Division in a Michigan Divorce

In Michigan, a judge divides marital property in a way that is fair and equitable. Fair doesn’t always mean equal. Michigan is not a strict 50/50 state, and one spouse can receive more than half of the marital estate depending on the circumstances. Learn more about our property division services.

Marital Property and Marital Assets

Property acquired during the marriage is generally treated as marital property. That can include:

• The family home and other real estate
• Bank accounts and investments
• Retirement accounts and pensions
• Vehicles
• Business interests
• Debts incurred during the marriage

Property one spouse owned before the marriage, or received as a gift or inheritance, is generally treated as separate. There are exceptions, so don’t assume your property is protected or exposed without talking to an attorney.

Business Valuation

When one or both spouses own a business, its value has to be determined before property can be divided. Valuation can become one of the most contested parts of a divorce. We work to make sure a business interest is neither undervalued nor overstated.

Retirement Accounts

Dividing a 401(k), pension, or similar account usually takes a special court order. Mistakes here can be expensive, so the process should be handled carefully. For more on how these orders work, read our guide to dividing a 401(k) and QDRO costs and procedures.

Child Custody, Parenting Time, and Child Support

When children are involved, these issues are often the most emotional parts of a divorce.

Child custody. Michigan courts decide custody based on the best interests of the child, applying the factors in Michigan’s Child Custody Act. Custody covers legal custody, meaning who makes major decisions about the child’s upbringing, and physical custody, meaning where the child lives.

Parenting time. Parenting time (sometimes still called visitation) is the schedule for when each parent spends time with the child. Courts look for arrangements that support a child’s stability and relationships with both parents when it is safe to do so.

Child support. Child support is calculated under the Michigan Child Support Formula, which considers factors like each parent’s income and the amount of parenting time. Support orders can sometimes be modified if circumstances change. For one common question, see when child support ends if a child over 18 is still in school.

Learn more about our child custody, parenting time, and child support services.

Spousal Support (Alimony)

Spousal support, also called alimony, isn’t automatic in Michigan, and there is no set formula. A judge considers the facts of each case, which can include:

• The length of the marriage
• Each spouse’s age, health, and ability to work
• The standard of living during the marriage
• Each spouse’s needs and ability to pay
• Contributions each made to the marriage and household

Learn more about alimony and spousal support, or read about divorce after a long-term marriage in Michigan.

Mediation vs. Traditional Litigation

Mediation is a form of alternative dispute resolution. A neutral mediator helps divorcing spouses negotiate and reach agreements on their own terms. The mediator doesn’t take sides and can’t force a decision.

Unlike arbitration, where an arbitrator makes a binding decision, in mediation the spouses decide the outcome themselves. It’s common, and wise, to bring your divorce lawyer for legal advice during mediation.

Traditional litigation means taking disputed issues to a judge. It can be necessary when spouses can’t agree, when there is a safety concern, or when one spouse isn’t being honest about finances. We’re comfortable in the courtroom and prepared to try your case when that’s the right path.

Are You Seeking an Annulment?

Annulments are rare in Michigan. They require proving specific grounds in court. Grounds can include:

• Bigamy
• Consent obtained by fraud or under duress
• Incapacity due to age, mental condition, or physical condition
• The inability to freely consent to the marriage
• Improper ceremony
• Kinship
• Foreign law violations

An annulment is often not the right route, and divorce may better protect your interests. An attorney can tell you which fits your situation.

How Long Does a Divorce Take, and What Does It Cost?

How long: The legal minimums are 60 days with no minor children and 180 days with children. Actual timing depends on how many issues are disputed, how complicated your finances are, and how willing both sides are to settle. Uncontested divorces generally finish faster than contested ones.

What it costs: Cost depends mostly on how contested the case is. Uncontested cases are generally less expensive. Disputes over custody, business valuation, or significant assets take more time and more resources. We’ll talk with you about fees at your initial consultation so you know what to expect. For more on what affects the price, see our guide to how much a divorce costs in Michigan.

Why Choose Bailey & Terranova, P.C.

• Experience. More than nine decades of combined family law experience across our attorneys.
• Direct communication. We keep you informed and answer your questions in plain language.
• Both paths covered. We pursue settlement when it serves you, and we’re prepared to litigate when it doesn’t.
• Knowledge of Michigan courts. We know the Michigan family court system and the Friend of the Court process.
• Compassion and strategy. A divorce is emotional. We treat you with respect while keeping the legal strategy sharp.

Our Divorce Law Office

Our office is at 2211 Association Drive, Suite 600, Okemos, MI 48864. We represent clients throughout Michigan. Call 517.236.7187 to meet with our team.

Divorce FAQs

Do I need a reason to get a divorce in Michigan?

No. Michigan is a no-fault state. You only need to show that the marriage is irretrievably broken.

How long do I have to live in Michigan before I can file?

At least 180 days in the state and at least 10 days in the county where you file.

What makes a divorce contested?

A divorce is contested when spouses disagree on one or more issues, such as property, custody, or support.

Is property always split 50/50?

No. Michigan courts divide marital property equitably, which may or may not be equal.

Will I have to go to court?

Not necessarily. Many divorces settle through negotiation or mediation. If your case can’t be resolved that way, a judge will decide the open issues.

What happens to my retirement accounts?

Retirement assets earned during the marriage are generally considered marital property and may be divided. Doing it correctly usually requires a special court order.

Can I get a divorce without a lawyer?

You can, but even an uncontested divorce involves legal decisions that affect your finances and your children. An attorney can help you avoid mistakes that are hard to fix later.

Schedule Your Initial Consultation

Divorce is one of the most important legal matters you’ll face. Whether you’re dealing with child custody, child support, spousal support, or the division of marital property, Bailey & Terranova, P.C. is ready to help. Call us at 517.236.7187 or schedule your case review today.