Divorce FAQ

Michigan requires couples to wait a mandatory 60 days after filing before their divorce is finalized. If there are minor children involved, the waiting period extends to 6 months before a divorce is granted. Learn more about divorce here.

“Grounds” is a legal term that refers to the reason for a divorce. In the past, a spouse would need to file for divorce on the grounds of abuse, abandonment or endangerment, for example. However, you can file your divorce based on the grounds of “irretrievable breakdown of the marriage” in Michigan, which is the state’s “no-fault” option. Citing M.C.L. § 552.6(1), the relationship between you and your spouse has been “destroyed and there is no reasonable likelihood that the marriage can be preserved,” without further explanation.

In Michigan, a divorce will take a minimum of 60 days without children and 6 months with minor children. However, several factors can affect the average time it takes to get a divorce. For example, one spouse may not agree to the terms of the divorce, including the division of assets, child support and custody and alimony, which can force the case into litigation and prolong the process. Each case is unique.

Michigan follows equitable distribution laws. This means that assets are divided based on what is fair instead of evenly. In other words, one spouse may gain more from the marital estate than the other spouse. To decide what is fair, a court may consider several factors, including the length of a marriage, the earning ability of each spouse, taxes and other financial considerations. Learn more about property division here.

Both mediation and collaborative divorce involve out-of-court negotiations. In mediation, the spouses directly negotiate with one another, facilitated by a neutral third party. Lawyers can advise their clients, but the parties must reach an agreement on their own. 

In collaborative divorce, the spouses are each represented by their own attorney. Other professionals may also be included whose jobs will be to advise and support the two parties in their particular areas of knowledge. They may be financial planners, divorce coaches or child specialists (to advise on child custody matters), to name just a few. Learn more about collaborative divorce here.

Today, spousal support (sometimes called alimony) is not automatically awarded in divorce. Either spouse can seek it, but there must be a compelling reason for a judge to award it (or for the couple to agree on support in a negotiated divorce). Learn more about spousal support here.

Marital property includes any assets or debts that were acquired during the marriage. Assets owned before the date of marriage are typically considered separate property and not subject to division during a divorce. There are some exceptions, however. Gifts and inheritance obtained during a marriage are often considered separate property — unless they were later commingled with marital funds, for example. Business capital and other interests may also be considered part of the marital estate, even if the business was established before marriage, if the value of the company increased during the union.

There are a few possible options when splitting a family house in a divorce. The house may be sold and the proceeds divided in the divorce. One spouse could buy out the other spouse’s half of the property and refinance the home into their own name. Sometimes, spouses agree to keep the home as co-owners until a later date, such as when minor children leave home.

Retirement accounts are subject to equitable distribution in Michigan. This means retirement accounts are divided fairly based on a few factors, including the type of accounts, tax considerations and financial contributions.

In some cases, yes. Inheritance and gifts obtained during a marriage are typically considered separate property. However, if the inheritance or gifts were commingled, it can make it harder to identify the assets from the marital estate. Having detailed records of assets can help differentiate between separate and marital assets.

Michigan is an equitable distribution state, so marital assets and debts are divided fairly, not necessarily equally. A few factors must be considered, such as who acquired the debts, when and for what purpose. Debts acquired before marriage are typically considered separate property and the responsibility of the spouse who took them on.

Under Michigan law, child custody is granted in the forms of legal custody and physical custody, also referred to as parenting time. 

Depending on the circumstances, legal and physical custody can be granted to parents either jointly or separately. Parenting time can be awarded equally or unequally. It is often allocated at least somewhat unequally because a perfect split of time is logistically difficult in most cases.

While parents can negotiate a mutually acceptable arrangement out of court through mediation, in the event that an agreement cannot be reached, the courts may step in and issue a decision that aligns with the child’s best interests. Learn more about child custody and parenting time here.

One of the first steps in addressing a closely held business during divorce is determining its fair market value. Courts in Grand Rapids, Michigan, require accurate valuations for equitable property division. Business valuation involves reviewing:

• Financial statements and tax records;
• Assets and liabilities of the business;
• Market conditions and industry outlook; and
• Future earning potential.

A precise valuation is the foundation for fair property division and helps prevent disputes later.

Common approaches may include one spouse buying out the other’s interest, selling the business and dividing the proceeds or continuing co-ownership, if both parties agree.

Each option carries legal and financial considerations. As your divorce lawyer, I can help you assess which path best protects your rights and long-term business interests.

For business owners, protecting assets is a priority. Strategies to safeguard a closely held business in a divorce may include premarital agreements, buy-sell agreements or careful structuring of ownership shares.

However, even without prior planning, there are legal tools available to limit disruption to the business. Learn more about closely held business here.