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Contested Divorces in Michigan: What You Need to Know
Divorce is never easy, but when both spouses cannot agree on key issues, the process becomes more complicated and emotionally charged. In Michigan, contested divorces can involve disputes over property division, child custody, spousal support, and more. Because of the complexity and high stakes involved, it’s essential to understand the legal process and your rights if you’re facing a contested divorce. In this post, we’ll discuss what constitutes a contested divorce in Michigan, the steps involved, and what you can do to protect your interests.
 What is a Contested Divorce?
A contested divorce occurs when spouses are unable to agree on one or more major issues related to the dissolution of their marriage. Unlike an uncontested divorce, where both parties are in agreement and the process is relatively straightforward, a contested divorce requires the intervention of the court to resolve the disputes. Common areas of contention include:
Division of Marital Property
- Determining who gets what is often one of the biggest sources of conflict. Marital property includes all assets and debts acquired during the marriage, such as the family home, cars, retirement accounts, and even business interests. Disagreements can arise over how to value and fairly divide these assets.
Child Custody and Visitation
- Child custody and parenting time are often highly emotional and contentious issues. Disputes can arise over who should have primary custody, the specifics of visitation schedules, and how decisions regarding the child’s upbringing will be made.
Child Support
- Michigan uses a formula to calculate child support based on each parent’s income, the number of children, and other factors. However, disagreements can arise if one parent disputes the amount or the financial information provided.
Spousal Support (Alimony)
- Spousal support, or alimony, is not automatically granted in every case. The court considers factors such as the length of the marriage, the financial needs of each spouse, and their ability to pay. Spousal support can be a major point of contention, particularly if there is a significant income disparity between the spouses.
Other Issues
- Other issues may include the division of personal property, who will remain in the marital home, and the responsibility for debts. In some cases, disputes over prenuptial agreements or allegations of hidden assets can complicate matters further.
The Contested Divorce Process in Michigan
Contested divorces in Michigan follow a specific legal process that involves several stages. Understanding these steps can help you know what to expect and better prepare for your case.
Filing the Divorce Complaint
- The process begins when one spouse files a Complaint for Divorce with the appropriate Michigan Circuit Court. The complaint outlines the basic details of the marriage and the reasons for seeking a divorce, though Michigan is a no-fault divorce state. This means that the only grounds for divorce are that the marriage has irretrievably broken down, and there is no reasonable likelihood that the marriage can be preserved.
Service of Process
- After the complaint is filed, the filing spouse (the plaintiff) must serve the other spouse (the defendant) with a copy of the complaint and a summons. The defendant then has 21 days to respond if served in Michigan (28 days if served outside the state).
Answer and Counterclaim
- The defendant must file an answer to the complaint, admitting or denying the allegations. They may also file a counterclaim, raising their own issues for the court to address.
Discovery
- Discovery is a crucial part of the contested divorce process. It involves the exchange of financial documents, interrogatories, depositions, and other information needed to build each party’s case. Discovery ensures transparency and helps both sides evaluate their positions.
Mediation or Settlement Negotiations
- Before going to trial, Michigan courts often require parties to attempt mediation or other forms of alternative dispute resolution (ADR). Mediation involves a neutral third party who helps the spouses negotiate and potentially reach a settlement on contested issues. If successful, a Consent Judgment of Divorce can be filed, finalizing the divorce without a trial.
Pre-Trial Conferences and Hearings
- If mediation is unsuccessful, the case proceeds to pre-trial conferences and hearings. During this phase, the judge may issue temporary orders regarding child custody, support, and property use to maintain stability until the final divorce decree is issued.
Trial
- If the spouses cannot resolve their differences through negotiation or mediation, the case goes to trial. During the trial, each party presents evidence and arguments, and the judge makes decisions on all unresolved issues. The trial process can be lengthy and costly, and the judge’s decision is binding unless appealed.
Final Judgment of Divorce
- After the trial, the judge issues a Final Judgment of Divorce, which outlines the court’s decisions on property division, child custody, support, and other issues. This document legally ends the marriage and sets the terms that both parties must follow.
How Long Does a Contested Divorce Take in Michigan?
The timeline for a contested divorce in Michigan can vary widely depending on the complexity of the case and the level of conflict between the spouses. Generally, a contested divorce takes significantly longer than an uncontested one. On average, contested divorces can take anywhere from six months to over a year to resolve, especially if the case goes to trial.
What Factors Does the Court Consider in a Contested Divorce?
When making decisions in a contested divorce, the judge will consider several factors, particularly in areas like property division and child custody. Some of the factors include:
- For Property Division:
- Length of the marriage.
- Contributions of each spouse to the marital estate.
- Age and health of the parties.
- Earning ability and financial status of each spouse.
- Fault or misconduct that led to the breakdown of the marriage (though fault is not typically a deciding factor in property division).
- For Child Custody:
- The best interests of the child standard, which includes:
- The child’s emotional, physical, and mental well-being.
- Each parent’s ability to provide a stable and loving environment.
- The child’s relationship with each parent and any siblings.
- The child’s preference (if they are old enough to express a reasonable preference).
- Any history of domestic violence.
Why You Need an Experienced Contested Divorce Attorney
Given the complexities and potential pitfalls of a contested divorce, having an experienced family law attorney is crucial. An attorney can:
Protect Your Rights
- Ensure that your interests are represented in court and that you receive a fair outcome regarding property, custody, and support.
Guide You Through the Legal Process
- The contested divorce process can be confusing and overwhelming. An attorney can help you navigate the legal system, understand your rights, and avoid common mistakes.
Negotiate on Your Behalf
- An attorney will negotiate with the opposing party to try to reach a settlement that works for you, reducing the need for a stressful and expensive trial.
Present a Strong Case in Court
- If your case goes to trial, an attorney can gather evidence, prepare arguments, and present a compelling case to the judge.
How Don E. Burch Can Help
At Don E. Burch, we understand the emotional and financial challenges of going through a contested divorce in Michigan. Our experienced team is dedicated to providing compassionate and aggressive representation to help you protect your rights and achieve the best possible outcome. Whether you’re facing disputes over property, custody, or support, we are here to guide you through every step of the process.
If you are considering a contested divorce or have questions about your rights, contact us today to schedule a consultation. We are committed to helping you navigate this difficult time with confidence and clarity.
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