Are you concerned about what divorce will mean for your kids, your home, or your future? The decisions you make during this process will have long-term effects, so it’s important to get them right from the start. Delays and paperwork mistakes could cost you time, money, and peace of mind.

At Creighton McLean & Shea PLC, our Michigan divorce lawyers help clients across Southeast Michigan work through divorce with clear planning and solid legal support. We know how to handle property division, custody, support, and everything in between.

Contact us today for your free initial consultation to speak with an attorney who will help you focus on what matters most.

Michigan’s No-Fault Divorce Laws

You can only file for divorce in Michigan on a no-fault basis, which means you don’t need to prove that your spouse did anything wrong to get a divorce. You only need to tell the court that your marriage has broken down, and there’s no chance of fixing it. You do not need to show evidence of cheating, abuse, or any other problem. Even if one person wants to stay married, the judge can still approve the divorce. However, the judge may look at each spouse’s behavior when deciding on issues like spousal support or dividing property. So, while fault does not affect whether or how you can file for divorce, it might affect the final outcome in some cases.

Who Can File for Divorce in Michigan?

You can file for divorce in Michigan if you or your spouse has lived in the state for at least 180 days before filing. One of you must also live in the county where you file for at least ten days.

You do not need to be separated to file for divorce. Even if your spouse lives in another state, you can still file if you meet Michigan’s residency rules. If you were married in another state or country, you can still get divorced in Michigan as long as you meet the requirements.

Divorce With and Without Children

If you do not have children with your spouse, your divorce case will usually move faster. Michigan requires a 60-day waiting period before the court can finalize a divorce between spouses without children. However, if you have children, Michigan law requires a six-month waiting period for these cases unless the judge sees a good reason to shorten it. For example, a judge may agree to shorten the waiting period in cases involving the risk of domestic violence or other situations in which waiting would lead to unusual hardship.

The Michigan Divorce Process

Whether your situation is simple or more complicated, each Michigan divorce case begins the same way—by filing paperwork with the right court. From there, what happens depends on how your spouse responds and whether you both agree on major issues like money, property, and child custody. Below is a step-by-step look at how divorce works in Michigan:

  • Step 1: File the Divorce Paperwork: You start the divorce by filing a complaint, a summons, and other required forms with the family division of the right circuit court. This is the court in the county where either you or your spouse has lived for at least ten days.
  • Step 2: Serve the Papers on Your Spouse: After you file, you must make sure your spouse gets copies of all the forms. You can have someone else deliver the papers in person or send them by certified or registered mail.
  • Step 3: Wait for Your Spouse to Respond: Your spouse has 21 days to respond if served in person or 28 days if served by mail or while living in another state. If they file an answer, they must say which parts of your complaint they agree with and which parts they don’t.
  • Step 4: Ask for a Default If Your Spouse Doesn’t Respond: If your spouse doesn’t file an answer by the deadline, you may file a Default Request and Entry with the court. This lets the court move your case forward without your spouse’s input.
  • Step 5: Wait out the Mandatory Waiting Period: Michigan requires a 60-day waiting period for divorces without children and a six-month wait for divorces with children. This waiting period starts the day you file, not when your spouse gets the papers.
  • Step 6: Try to Resolve Any Disagreements: If you and your spouse don’t agree on things like property, custody, or support, the court may send you to mediation. If you still can’t agree after mediation, you might need a judge to make decisions for you during a trial.
  • Step 7: Finalize the Divorce in Court: Once your case is ready to close, you will prepare a Judgment of Divorce listing all the final terms. You bring it to a hearing, answer the judge’s questions, and if everything is satisfactory, the judge will sign the order to end your marriage.

Why You Need a Michigan Divorce Lawyer

Divorce in Michigan involves more than just filling out paperwork. You also need to decide how you will divide your property and debt, sort out support, and—if you have children—deal with custody matters. These issues can get stressful, especially if you and your spouse don’t agree. Even when things seem simple at first, disagreements can arise, and simple mistakes can cause delays or poor outcomes. A lawyer can help you prepare, stay organized, and avoid missteps that could hurt your case.

A lawyer can explain your rights, protect your interests, and make sure the court sees your side from day one. If serious problems come up, like your spouse hiding money, moving assets, or dragging out the case, your attorney can spot those signs and take action quickly. With legal representation, you can make informed choices, avoid common problems, and respond quickly if anything goes wrong. Whether your case seems straightforward or has more at stake, an experienced family law attorney can help you stay prepared and focus on getting the results you need.

Why Choose Creighton McLean & Shea PLC?

Since 1945, Creighton McLean & Shea PLC has been helping people across Livonia and Southeast Michigan handle divorce and other family law matters with skill and care. We are Livonia’s longest-serving law firm, and we bring over 77 years of experience to every case we handle. Our team understands how divorce affects every part of your life—your family, your home, your finances, and your future. We take that seriously when you come to us for help.

We don’t rush cases or overlook details. We take time to understand your situation, review the facts, and build a strategy that fits your unique situation. We strive to act with fairness and honesty in all we do, and we treat every client with respect.

When you hire us, you get a law firm with a trusted name and a long history of real results. Our attorneys are here to protect your rights, explain your options, and give you steady support throughout your divorce case.

Contact Our Michigan Divorce Attorneys Now

Whether you’re just thinking about divorce or have already started the process, now is the time to get legal advice that fits your situation. The attorneys at Creighton McLean & Shea PLC have been helping Michigan clients with divorce and family law matters since 1945, and we’re ready to help you, too. Contact us today to arrange your free consultation and learn more about how we can support you.