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Michigan Family Law Blog

Michigan Divorce FAQ's Updated

Posted by Cameron Goulding | Jan 23, 2023 | 0 Comments

Whether your divorce is contentious or not, whether you have children or not, whether you have a lot of assets or not, whether just about anything, there is one common theme among all divorce: it is emotionally taxing. Under those circumstances, it can be easy to overlook an important matter or to compromise to something to your detriment. A good divorce lawyer in Michigan will make sure nothing is missing and that the divorce is fair and considers your rights and interests.

At North Oakland County Michigan Divorce Law, our divorce lawyer helps clients understand what's at stake. Some of the most common questions asked are answered here for you. We know that informed clients make better decisions for themselves and their families. If you want specific answers that relate to your unique situation, contact us online or at (248) 608-4123 to schedule a consultation.

How much will my divorce in Oakland, Michigan cost?

The cost of your divorce will depend on multiple factors, but mainly it depends on whether the divorce is contested or not. Quite naturally, an uncontested divorce will not cost as much simply because the process is much more straightforward. In an uncontested divorce, you may not even see a day inside the courtroom. But in contested divorces, the costs depend on factors like:

  • The extent of the disputes or disagreements between the spouses
  • The potential for custody battles
  • The number of assets, including the allegations of hidden assets
  • The attorney you hire––and that does not only mean the attorney fees but the lawyer's legal competency and negotiating skills

Giving a precise prediction of how much your divorce will cost is impossible because of the various factors that go into it. The starting point in terms of costs is the filing fee associated with the divorce complaint, and then from there, it depends on the circumstances.

What if my spouse does not want a divorce?

You can still file for divorce even if your spouse does not want the divorce. There is no requirement of physical separation in Michigan, however there is a sixty (60) day waiting period from the date you file until the date the court can grant a judgment of divorce in any case and there is a six (6) month waiting period if the parties have minor children.  Some courts will waive the six (6) month requirement but the courts cannot waive the sixty (60) day waiting period, although in reality most divorces require more than sixty (60) days to resolve anyway.  Michigan is a no-fault divorce state which means the marriage has irretrievably broken down or the spouses have irreconcilable differences.  

How is Oakland, Michigan child custody or support determined?

Child custody, visitation, and child support are determined case-by-case and on the facts of the case. These matters, however, are always determined by considering the "best interests of the child" standard. In general, though, courts want both parents to build strong relationships with their children. Courts also recognize that both parents are financially responsible for the child. Child custody, visitation, and child support will reflect those beliefs as the basis of the determination.

How is Oakland, Michigan alimony determined?

Alimony, also referred to as spousal support or spousal maintenance, is determined on a case-by-case basis based upon a twelve (12) factor test.  Some of those factors include the present earning ability and future earning opportunities of the spouses. If one spouse was dependent on the other spouse through the marriage, that factor will weigh heavily on any court's decision on alimony.

How are assets and debt divided in Michigan?

Assets and debt are divided in an equitable manner.  This means that it will be roughly equally divided but not necessarily mathematically equal.  However, there have to be very strong reasons for the court to go much beyond awarding one spouse fifty-five (55%) percent and the other forty-five (45%) percent according to Michigan family law statutes and case law.  

My spouse is abusive. How do I protect myself during the divorce?

Spouses who have abusive spouses are in most danger when they seek divorce. You should protect yourself by getting as much help and support as you can. You can file for a restraining order. You should also consider state and local programs aimed at helping survivors of domestic abuse. You also want to build a network of support using friends and family as well as a supportive family law attorney.

How do I start my divorce in Oakland, Michigan?

To start any divorce in any state, you have to file a petition or complaint to dissolve the marriage with the court clerk. The court where you must file the petition should  be in the county or state where you or your spouse resides and if there are children where the children reside.  Once the petition is filed, the other spouse has a certain number of days to answer the petition. The most efficient way to start a divorce is to contact a divorce attorney to handle it for you. This way the petition is properly filed and/or timely answered. 

Contact a Divorce Lawyer in Michigan Today

If you are thinking of a divorce or have been served divorce papers, contact North Oakland County Michigan Divorce Law either by using the online contact form or calling us at (248) 608-4123. We will schedule a consultation so that you can get your most immediate questions answered more specifically.

About the Author

Cameron Goulding

A native of Oakland County, Michigan, family lawyer Cameron C. Goulding has been providing counseling and legal services of the highest caliber to individuals and families in Southeastern Michigan for over 24 years. Mr. Goulding grew up in Oakland County, Michigan and graduated from Birmingham G...


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