Family Law Attorney — Birmingham, MI | Serving Oakland, Macomb, Wayne, Livingston, Monroe & surrounding counties
Family Law Attorney — Birmingham, MI | Serving Oakland, Macomb, Wayne, Livingston, Monroe & surrounding counties
Practice Area
Michigan divorce proceedings under no-fault grounds established by MCL 552.6 require the resolution of equitable property division, child custody determinations, and spousal support — all governed by statutes specific to Michigan circuit courts. Mackensen Law handles every stage of that process for clients across Oakland County and throughout Michigan.
Logan Jacobson Mackensen, J.D., a family law attorney licensed in Michigan, Ohio, and California, represents clients in contested and collaborative divorce cases, prenuptial agreements, and spousal support disputes from the firm's Birmingham office.
Schedule a free consultation to discuss your options with a Birmingham divorce attorney who has handled family law disputes across three state jurisdictions.
Michigan Law
Michigan is a no-fault divorce state. MCL 552.6 requires only one allegation: that the marriage relationship has broken down to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage can be preserved. Neither spouse must prove adultery, abuse, or any other wrongdoing to obtain a divorce.
The no-fault framework, enacted January 1, 1972, eliminated the adversarial requirement to assign blame. A spouse filing for divorce in Michigan (the "plaintiff") states the statutory language in the complaint and provides testimony at a hearing called a pro confesso hearing. The defendant may admit or deny the grounds and may provide further explanation under MCL 552.6(2).
No-fault does not mean fault is irrelevant. Michigan courts may still consider each spouse's conduct when dividing property and awarding spousal support. Under the Sparks v. Sparks framework (440 Mich. 141, 1992), "past relations and conduct of the parties" is one of the factors circuit courts evaluate. A spouse who dissipated marital assets or engaged in misconduct may receive a smaller share of the marital estate, even though the misconduct is not required to file.
Filing Requirements
Two separate residency requirements must be satisfied before a circuit court has jurisdiction over a Michigan divorce. The state requirement under MCL 552.9 requires that at least one spouse has resided in Michigan for at least 180 days immediately preceding the filing. The county requirement demands that the filing spouse has resided in the county where the complaint is filed for at least 10 days immediately preceding the filing.
"Residency" in Michigan means the place of permanent home where a person intends to remain. A person deployed by the military or temporarily living elsewhere for work may still satisfy the requirement if Michigan remains their legal domicile. Oakland County, where Mackensen Law maintains its Birmingham office, is one of the most active family law jurisdictions in Michigan.
Filing fees in Michigan circuit courts vary depending on whether the case involves minor children.
| Filing Scenario | Base Fee | FOC Assessment | Total |
|---|---|---|---|
| Divorce without minor children | $175 | $0 | $175 |
| Divorce with minor children | $175 | $80 | $255 |
Required documents at filing include the Complaint for Divorce, Summons (MC 01), and — in cases involving minor children — the UCCJEA Affidavit (MC 416), the Verified Statement (FOC 23), and the Domestic Relations Verified Financial Information Form (CC 320). The Friend of the Court, a division of the circuit court, is involved in all cases involving minor children and sometimes makes recommendations on custody, parenting time, and child support.
The process follows a structured sequence governed by statute and Michigan Court Rules.
At least one spouse must have lived in Michigan for 180 consecutive days and in the filing county for 10 consecutive days immediately before filing under MCL 552.9. The court verifies these requirements before proceeding with any divorce action.
The plaintiff files a Complaint for Divorce with the circuit court, a Summons (SCAO form MC 01), and — when minor children are involved — a UCCJEA Affidavit (MC 416) and Verified Statement (FOC 23). Michigan courts accept filings through the MiFILE electronic filing system.
The complaint and summons must be served on the defendant, who then has 21 days (28 days if served by mail) to file a response.
Michigan imposes a mandatory 60-day waiting period for cases without minor children and a 180-day waiting period for cases with minor children. The 180-day waiting period may be waived by motion or oral argument in cases of unusual hardship or compelling necessity. The court cannot enter a final judgment before the applicable period expires.
Both parties exchange financial disclosures, and the case proceeds through negotiation, mediation, or preparation for trial.
The divorce concludes either through a negotiated settlement agreement or a trial, after which the court enters a Judgment of Divorce.
Your Options
Michigan law allows divorcing spouses to choose among three primary resolution paths: traditional contested divorce, collaborative divorce, and mediation. Each path carries different cost implications, timelines, and levels of control over the outcome.
A contested divorce proceeds through the circuit court system with each party represented by counsel. Disputes over property division, child custody, spousal support, or child support are resolved through motions, hearings, and — if no settlement is reached — trial. Contested cases in Oakland County typically take 6 to 12 months. Complex cases involving business valuations, hidden assets, or high-conflict custody disputes may extend to 12 to 24 months.
Collaborative divorce removes the case entirely from the courtroom. Both parties retain attorneys specifically trained in collaborative practice, and all four participants sign a Participation Agreement committing to resolve every issue without litigation. The parties bring in third-party neutrals — financial professionals, child specialists, or therapists — as needed. If the collaborative process fails and either party files a motion in court, both attorneys must withdraw, and each party retains new counsel.
Logan Mackensen holds memberships in the International Academy of Collaborative Professionals (IACP) and the Collaborative Practice Institute of Michigan (CPIM).
In mediation, a single neutral mediator facilitates negotiation between the parties. Michigan family courts frequently order mediation before trial, particularly in custody and parenting time disputes. Unlike arbitration, the mediator does not make binding decisions — the parties retain full control over the outcome. Mackensen Law offers mediation services for domestic relations and general civil disputes across Ingham, Genesee, and other Michigan counties.
| Factor | Contested Divorce | Collaborative Divorce | Mediation |
|---|---|---|---|
| Decision-maker | Judge | Parties + attorneys | Parties (mediator facilitates) |
| Court involvement | Full litigation | Minimal or none | Minimal or court-ordered |
| Attorney role | Adversarial advocacy | Cooperative problem-solving | Optional (parties may bring counsel) |
| Third-party neutrals | Expert witnesses | Financial, child, mental health | Typically none |
| Typical timeline | 6–24 months | 4–9 months | 1–4 months |
| Relative cost | Highest | Moderate | Lowest |
| Control over outcome | Judge decides | Parties decide | Parties decide |
| Best suited for | High-conflict, hidden assets, bad-faith conduct | Cooperative parties seeking privacy | Amicable disputes, specific issues |
Mackensen Law evaluates each client's circumstances during a free consultation and recommends the approach most likely to achieve the client's goals.
Your divorce strategy shapes every outcome that follows — from property division to your parenting schedule. Logan Mackensen builds a tailored legal plan around your specific priorities during a free, confidential consultation at the Birmingham office.
Property Division
Michigan follows equitable distribution, not community property. Circuit courts divide marital assets and debts fairly under MCL 552.19 and MCL 552.401, but "equitable" does not mean equal. The Michigan Supreme Court in Sparks v. Sparks, established nine factors that circuit courts must evaluate and articulate on the record to justify a property division as "just and reasonable."
Michigan circuit courts weigh each of the following when dividing marital property: the duration of the marriage, the contributions of each party to the marital estate, the age of the parties, the health of the parties, the life status of the parties, the necessities and circumstances of the parties, the earning abilities of the parties, the past relations and conduct of the parties, and general principles of equity.
Longer marriages generally trend toward more equal division, while shorter marriages may result in each spouse retaining assets they brought into the marriage.
Marital property includes all assets and debts acquired during the marriage, regardless of whose name appears on the title. Separate property — assets owned before the marriage, inheritances, and gifts — generally remains with the original owner. Michigan courts may "invade" separate property under MCL 552.23 only when marital property is insufficient to provide suitable support for either spouse.
Dividing 401(k) plans and pensions requires a Qualified Domestic Relations Order (QDRO). This court order directs the plan administrator to pay a portion of retirement benefits to the non-participant spouse. State pensions use an Eligible Domestic Relations Order (EDRO). Business interests acquired or grown during the marriage require professional valuation, and courts apply the Sparks factors to determine whether the business-owning spouse retains the business with an offsetting award to the other party.
Children
Michigan courts determine child custody based on the best interests of the child, as defined by 12 statutory factors in MCL 722.23 under the Child Custody Act of 1970. Courts evaluate all 12 factors, though judges have discretion to weigh certain factors more heavily depending on the circumstances.
Physical custody determines where the child lives. Legal custody grants the right to make major decisions about the child's healthcare, education, and religion. Michigan courts may award sole or joint custody for either type.
Under MCL 722.26a, courts must advise parents of joint custody and consider a joint custody request from either parent. The Friend of the Court sometimes conducts an investigation and makes recommendations to the judge in contested custody cases.
Logan Mackensen also serves as a court-appointed parenting time coordinator, helping parents navigate co-parenting decisions and build stable parenting schedules in the best interests of the children.
Spousal Support
Michigan courts award spousal support (alimony) based on judicial discretion under MCL 552.23. No statutory formula or calculator mandates specific amounts or durations. Courts evaluate 14 factors drawn from the Sparks v. Sparks framework (an expanded set beyond the nine property-division factors), including the duration of the marriage, the disparity in earning capacity between the parties, the age and health of each spouse, the standard of living established during the marriage, the needs of each party, and the ability of each party to pay. Accurate assessment of which type of support applies to a given situation allows the requesting spouse to project post-divorce income and plan for financial independence.
Cost & Timeline
The total cost of a Michigan divorce depends on whether the case is contested or uncontested, whether children are involved, and whether complex financial issues — business valuations, retirement division, or real property appraisals — require expert analysis. Filing fees represent the minimum cost. Attorney fees, which make up the largest portion of divorce costs in most cases, vary based on case complexity. Uncontested divorces where both parties agree on all terms typically cost $5,000 to $7,500 in total attorney fees.
Contested divorces involving custody, property, or support commonly range from $7,500 to $15,000. High-asset or high-conflict cases — those requiring business valuations, forensic accounting, or extended litigation — may exceed $20,000.
| Case Type | Waiting Period | Typical Duration |
|---|---|---|
| Uncontested, no minor children | 60 days | 2–4 months |
| Uncontested, with minor children | 180 days | 6–8 months |
| Contested, moderate complexity | 180 days | 6–12 months |
| High-conflict or high-asset | 180 days | 12–24 months |
Real estate appraisals typically cost $300 to $600 per property. Business valuations range from $3,000 to $10,000, depending on complexity. QDROs for retirement account division cost $500 to $1,500 to prepare. Mackensen Law discusses anticipated costs and fee structure during every initial consultation so clients can plan accordingly.
FAQ
Oakland County circuit court divorces require a minimum 60-day waiting period without minor children or 180 days with minor children under MCL 552.9. Uncontested cases typically finalize within weeks after the waiting period expires. Contested cases commonly take 12 to 18 months.
Michigan operates as a no-fault state under MCL 552.6, so one spouse cannot block the other from obtaining a divorce. The filing spouse must only establish that the marriage has broken down beyond a reasonable likelihood of preservation. Michigan courts grant the divorce regardless of objection.
Michigan courts do not split assets 50/50. Circuit courts apply equitable distribution under MCL 552.401, dividing marital property fairly based on nine factors established in Sparks v. Sparks (440 Mich. 141, 1992). Longer marriages generally trend toward more equal division.
The Friend of the Court is a division of Oakland County Circuit Court that investigates custody and parenting time disputes, calculates child support under the Michigan Child Support Formula, and makes recommendations to the judge. Both parties may object to those recommendations.
Michigan does not require proof of adultery to file for divorce, but courts may consider spousal conduct when dividing property. The Sparks v. Sparks framework lists "past relations and conduct of the parties" as one factor Michigan circuit courts evaluate during equitable distribution.
Collaborative divorce removes the case entirely from the courtroom. Both parties retain attorneys trained in collaborative practice and sign a Participation Agreement committing to resolve every issue without litigation. The parties bring in third-party neutrals for financial, child, or mental health matters as needed.
Michigan courts evaluate house ownership using the nine factors in Sparks v. Sparks, including the duration of the marriage, each spouse's contributions, and the needs of minor children. The court may award the home to one spouse with an offsetting financial award to the other.
Michigan courts calculate child support using the Michigan Child Support Formula, which weighs each parent's income, the number of overnights each parent has with the child, healthcare costs, and childcare expenses. The Friend of the Court applies the formula and recommends an amount if the parties cannot agree to one.
Michigan courts treat retirement benefits earned during marriage as marital property subject to equitable distribution. Dividing 401(k) plans and pensions requires a Qualified Domestic Relations Order (QDRO) to transfer funds properly.
Michigan law does not require litigation in court for every divorce. Collaborative divorce resolves all disputes outside of court through specially trained attorneys. Mediation uses a neutral facilitator to negotiate agreements. Contested cases that reach no settlement proceed to trial before a circuit court judge.
Free Consultation
Your divorce strategy shapes every outcome that follows — from property division to your parenting schedule. Logan builds a tailored legal plan around your specific priorities during a free, confidential consultation at the Birmingham office.
Key Facts
Related Practice Areas
01
At least one spouse must have lived in Michigan for 180 consecutive days and in the filing county for 10 consecutive days immediately before filing under MCL 552.9.
02
The plaintiff files a Complaint for Divorce, a Summons (MC 01), and — when minor children are involved — a UCCJEA Affidavit (MC 416) and Verified Statement (FOC 23) through the MiFILE system.
03
The complaint and summons must be served on the defendant. Michigan then imposes a mandatory 60-day waiting period (180 days with minor children) before a final judgment may enter.
04
Both parties exchange financial disclosures. The case proceeds through negotiation, mediation, or trial — concluding with a negotiated settlement or a Judgment of Divorce.
Contact Mackensen Law for a free, confidential consultation at 600 S Adams, Suite 300, Birmingham, MI 48009, or call (248) 600-7700.
