Michigan is a no-fault divorce state. That means that there is no "defense" to a divorce you do not want. The only thing the court must confirm is that the marriage has broken down to the extent the objects of matrimony have been destroyed and there is no reasonable likelihood the marriage can be preserved.
There is a 6 month "waiting period" if there are minor children, and a 2 month period if not. The "period" starts from the filing of the complaint to entry of the judgment of divorce. You must have been a resident of Michigan for 6 months immediately prior to filing the complaint and of the county for 10 days to file.
There are 5 issues in most divorces: (1) property and debt distribution; (2) spousal support; (3) legal custody; (4) physical custody (n/k/a "parenting plan"); (5) and child support. Child support is set according to a computerized formula and is usually not negotiable. Spousal support is within the discretion of the court. There is also a computerized formula relating to spousal support, but it is not mandatory like child support is. Legal custody is "decision making," and the current preference is for "joint legal custody." The parenting plan can divide the time into two equal or nearly equal parts (which is called shared parenting or joint physical custody), or the plan can award "primary physical possession or custody" to one of the parents. A 12 factor best interest of the child test is applied to determine both legal custody and parenting plans if they are contested.
The courts can now force people to go through "mediation," which is a non-binding effort to settle the case with a trained mediator helping the couple. Approximately 90% of divorce cases settle without a trial. If settled, the plaintiff goes to court for a very short proceeding, and the judge signs the judgment the parties have approved. If the case cannot be settled, the matter is set for trial. Prior to trial, it is common for the parties to have an evaluation done by the Friend of the Court and to go through a hearing at the FOC with a staff attorney (known as a "referee"). The parties can object to the evaluator's or referee's recommendation and ask the judge to decide the case.
In the end, property settlements are final if entered by consent. If the judge decides any of the issues, the judge's decision can be appealed within 21 days of judgment. Matters relating to child custody and support (i.e., not property issues) remain modifiable until the children become adults. Spousal support can be modified also unless the parties agree to a non-modification provision in the judgment. Further, if spousal support is barred in the judgment of divorce, it cannot later be revived.
It is important to have a knowledgeable attorney available during divorce proceedings. Even if the case is settled amicably, the settlement should be reviewed by an attorney before finalized to protect you as most "settlements" can only later be contested or set aside if based on fraud, mistake, or other irregular matters.
