Michigan is a so-called "no-fault," divorce state which means that neither party to the marriage has to be proven to have been "at fault," for causing the breakdown of the marriage.  If either party wants to be divorced, the other party cannot prevent it.  The basic issues to be litigated are property division, and, if there are children, child custody, child support, parenting time, and spousal support (alimony when appropriate.)

A divorce is normally begun by one spouse filing a lawsuit, a "complaint for divorce,"  in the circuit court for the county in which one of the parties lives. Divorce actions are heard in the family division of that court by special family law judges.  The minimum time period from filing until the divorce is finalized is 6 months if there are children, and 2 months if there are no children.  Typically, these time periods run longer because of scheduling delays, etc.

One of the first matters to be addressed when a divorce action is first filed are "interim orders."  Interim orders are temporary orders which are issued by the court to cover the time period during which the divorce action is pending.  These orders address property issues, custody of children, child support, parenting time, where the parties will reside during the divorce, etc. 

If there are minor children, the "Friend of the Court," will oftentimes become inolved.  The Friend of the Court is a division of the Circuit Court which employs trained family law specialists who interview the parties so as to investigate issues of child custody, child support, parenting time, etc., for the purpose of making recommendations to the family law judge.  The Friend of the Court also offers mediation services to the parties and has enforcement powers.  Further, certain Friend of the Court personnel are appointed as Referees who are then empowered to hold hearings and make decisions affecting the parties. The Referee's decisions are appealable back to the family law judge.

The divorce action can take many different avenues - from early-on stipulations and settlement agreements between the parties, to a variety of ADR procedures, to a trial in front of the assigned family law judge.  Our firm's philosophy is to minimize the court's involvement, and instead of protracted litigation, promote early and amicable settlement. This is in the best interests of all concerned, especially the children, and, the least expensive.

The divorce is finalized when all of the issues between the parties are resolved and the judge signs a "divorce judgement," which confirms the fact that the parties are divorced and outlines the details of the agreement, i.e., property division, custody of children, child support amounts, child visitation schedule, alimony terms, etc.

There are many possible issues  which may arise post-judgement (after the divorce is finalized), such as, failure to pay child or spousal support, a change in financial circumstances necessitating raising or lowering the child or spousal support amount, moving children out of state, etc.  Any such issues would be brought back before the same judge.

We offer weekend hours to accomodate our clients.  Our office policy is to return telephone calls the same day.  We are sensitive to the emotional turmoil which often accompanies a divorce action - frustration, sadness, and even fear.   We make ourselves available for advice and consultation.