Just served with divorce papers?
In Michigan you generally have 21 days to file an answer after personal service, or 28 days if you were served by mail or outside the state (MCR 2.108). If you miss that deadline, the other side can ask the court for a default. If an ex parte order was served with the complaint, it may already control parenting time, the home, or the finances.
Tell us the date you were served and bring the complaint, summons, and any order. If a default has already been entered, contact us right away; the time to ask the court to set it aside is short.
What clients say
★★★★★ Selected from 400+ Google reviews (4.4 average). Read all reviews on Google →
Custody
“I was pulled back into court due to a high-conflict situation with my ex, and working with Theresa Rizer made all the difference. She fought hard for me, explained everything clearly, and helped me stay focused. I truly felt like she was in my corner.”
Sara Kuhnie, Google reviewLitigation
“Attorney Theresa Rizer demonstrated a high level of professionalism, preparation, and clear legal judgment. Her courtroom advocacy was calm, focused, and effective. I felt confident knowing my case was being handled thoughtfully and with attention to detail.”
Arvind Sharma, Google reviewDivorce
“[Hunter] was my lawyer for my divorce. She was absolutely amazing throughout the entire process. Nothing but good things to say about this law firm.”
Angela Paladuk, Google reviewSeparate the immediate decisions from the final settlement
A divorce can involve urgent household decisions long before a final agreement is ready. Tell us whether anyone has moved out, whether there is access to money for ordinary expenses, and whether an existing order controls parenting or finances. We can then identify which questions need attention first and which depend on further information.
For the final settlement, organize the home, debts, retirement, other assets, and ongoing expenses as a complete picture. A proposal that looks equal on paper can leave very different monthly budgets. If you want to keep a particular asset, explain why and bring the records showing its value, financing, and carrying costs.
01Immediate arrangements
Housing, essential bills, access to records, and any current parenting schedule.
02Financial information
Statements showing ownership, balances, debts, and significant transactions.
03A workable agreement
Who completes each transfer, how it is funded, and what remains to be done after judgment.
What gets decided in a Michigan divorce
Property, support, and parenting terms affect each other. Agreeing to one term without understanding the others can create a judgment that is difficult to carry out.
Property and debt
Michigan divides the marital estate equitably, which is not always 50/50. Property owned before the marriage or inherited may be separate, but tracing and commingling disputes are common. Property division
The marital home
One spouse may keep the home and refinance, buy out the other spouse, or the home may be sold. Who stays in the house while the case is pending is often the first dispute. Going back to the house during a divorce
Retirement and business interests
401(k)s and pensions earned during the marriage are usually divided by court order or offset. Businesses, stock compensation, and real estate portfolios need valuation. High-asset divorce
Spousal support
Michigan has no fixed formula. The court weighs the length of the marriage, earnings, ability to work, needs, and contributions. Spousal support · Estimator
Custody and parenting time
Decided under the MCL 722.23 best-interest factors and the children’s established custodial environment. Child custody · Overnight calculator
Child support
Calculated under the Michigan Child Support Formula using both incomes, overnights, childcare, and health insurance costs. Child support
Also see: Divorce without children · Gray divorce · Business valuation and separate property · Emergency custody orders · Personal protection orders · Prenuptial and postnuptial agreements · Fathers’ rights · Abandonment and divorce · Property overseas
How an Oakland County divorce moves
- Filing. The complaint is filed in the Oakland County Circuit Court, Family Division. If you are the one filing, we plan the first requests for temporary relief at the same time.
- Service and answer. The other spouse is served and generally has 21 days to answer, or 28 days if served by mail or outside Michigan.
- Temporary orders. Custody, parenting time, support, and use of the home can be addressed while the case is pending, by agreement or by motion.
- Friend of the Court and SMILE. When there are children, the Friend of the Court may make recommendations on custody, parenting time, and support, and parents attend the required SMILE program.
- Disclosure. Financial records, valuations, and, where needed, depositions establish the facts that settlement or trial depends on.
- Mediation and negotiation. The court may refer disputed issues to mediation. Most cases resolve here when both sides have a complete picture.
- Settlement or trial. An agreement becomes a consent judgment. Issues that do not settle are tried before the judge.
- After judgment. Retirement division orders, deeds, refinancing, and support enforcement still have to be completed. Post-judgment modification
For court locations, Friend of the Court contacts, and local procedures, see our Oakland County Family Court guide.
Divorce case studies: the circumstances behind the result
Rochester Hills · Published firm case study
Parenting and financial terms in one resolution
- Issue
- A marriage with children, a home, and retirement accounts.
- Reported approach
- Financial disclosure and valuation, parenting-plan negotiations, and property and retirement-transfer terms.
- Reported outcome
- An agreed asset division, joint legal custody and parenting schedule, and formula-based support without trial.
Read the full published account
Royal Oak · Published firm case study
Property questions before an anticipated move
- Issue
- A short marriage, premarital accounts, a jointly purchased condo, and relocation plans.
- Reported approach
- Tracing account balances and negotiating a condo buyout, retirement offsets, and support waivers.
- Reported outcome
- The published account reports retention of premarital savings, a condo buyout, and mutual support waivers in a consent judgment.
Read the full published account
These summaries describe the firm’s existing published accounts. The facts, procedure, and outcome of another matter may differ. Browse the case study archive or see recent Oakland County results.
Michigan divorce FAQs
How long does a Michigan divorce take?
Michigan generally requires a 60-day waiting period without minor children and six months with minor children. A court may shorten the six-month period for unusual hardship or compelling necessity, but not below 60 days. These are minimum periods, not a promised completion date. Disputed issues and the court schedule affect the actual timeline.
Do I have to prove my spouse did something wrong?
No. Michigan is a no-fault divorce state. The complaint states only that there has been a breakdown of the marriage relationship and no reasonable likelihood that the marriage can be preserved (MCL 552.6). Conduct during the marriage can still be relevant to property division and spousal support.
How long do I have to live in Michigan before filing for divorce?
One spouse must have lived in Michigan for 180 days before the complaint is filed, and one spouse must have lived in the county where it is filed for 10 days (MCL 552.9). A narrow exception to the county requirement applies in some cases involving minor children at risk of being taken out of the United States.
I was just served with divorce papers. What is my deadline?
You generally have 21 days to file an answer after being personally served, or 28 days if you were served by mail or outside Michigan (MCR 2.108). If you do not respond, the other side can ask for a default. Contact us with the date you were served and bring the complaint, summons, and any ex parte order.
Who keeps the house in a Michigan divorce?
There is no automatic rule. One spouse may keep the home and refinance or buy out the other spouse, the home may be sold and the proceeds divided, or the parties may agree to another arrangement. Down payments or premarital funds may be traceable as separate property. Who lives in the home while the case is pending can be addressed by agreement or temporary order.
Are retirement accounts and pensions divided?
The portion of a retirement account or pension earned during the marriage is generally part of the marital estate. It may be divided with a qualified domestic relations order or offset against other assets. Amounts earned before the marriage may be treated as separate property if they can be traced.
Will I have to pay or receive spousal support?
Michigan does not use a fixed spousal support formula. Courts weigh factors such as the length of the marriage, each spouse's earnings and ability to work, needs, health, and contributions to the marriage (MCL 552.23 and Michigan case law). Spousal support can be temporary, long term, or waived by agreement.
How is child support calculated in Michigan?
Child support is calculated under the Michigan Child Support Formula. The calculation uses both parents' incomes, the number of overnights each parent has, and costs such as childcare and health insurance. The Friend of the Court administers support orders.
Can I move with the children while the divorce is pending?
Talk to us before moving. Once an order governs custody, a parent generally cannot move a child's legal residence more than 100 miles from where the child lived when the case began without the other parent's consent or court approval, subject to exceptions (MCL 722.31). A move can also affect custody and parenting time decisions.
Will we have to go to mediation?
The court may refer contested issues to mediation (MCR 3.216), and many Oakland County divorces resolve through negotiation or mediation before trial. Mediation is not appropriate in every case, including some cases involving domestic violence.
What is the SMILE program?
SMILE (Start Making It Livable for Everyone) is a required Oakland County Friend of the Court education program for divorcing parents with children under 18. It is a single session held on Zoom and lasts about 1.5 hours.
Do we need lawyers if we agree on everything?
Michigan does not require a lawyer, but an agreement still has to be written into a judgment that can be carried out. Review matters most for retirement division orders, refinancing deadlines, deeds, support terms, and parenting schedules, which are difficult to fix after judgment.
What should I bring to the first consultation?
Bring any filed papers, current orders, a short timeline, and a basic list of assets, debts, and income sources. You do not need to assemble every financial record before speaking with us.
Is the consultation free?
Yes. The initial consultation is free. We explain fees and the retainer for your situation at that meeting, before you decide whether to hire the firm.
Official references: MCL 552.6, grounds · MCL 552.9, residency · MCL 552.9f, waiting periods · MCL 552.23, support and property · MCL 722.23, best-interest factors · MCL 722.31, 100-mile rule · Oakland County Family Division · Oakland County Friend of the Court programs
Prepare for your consultation
Bring the current order or filed papers, a brief timeline, and your most pressing questions. If a court date or parenting exchange is approaching, tell us when you contact the firm. Our consultation preparation guide lists what to gather.
We serve families in Bloomfield Hills, Birmingham, West Bloomfield, Troy, Rochester, and Royal Oak.