How Much Does a Divorce Cost in Michigan?

If you’re considering getting a divorce, you might wonder, “How much does a divorce cost in Michigan?”

However, various factors determine how much you’ll pay. It’s essential to know what to expect during the divorce process so that you can manage your finances accordingly.

Here, we discuss the requirements to file for divorce in Michigan, the cost of divorce in Michigan, and how an experienced divorce attorney could help you. 

Requirements for Filing a Divorce in Michigan

Before initiating a divorce in Michigan, you should know the state’s requirements.

First, Michigan is a no-fault state, meaning you are not required to prove that either spouse did something wrong to get a divorce. The only grounds for divorce recognized in Michigan is that the marriage has broken down and there is no reasonable chance of reconciliation.

However, you must meet the residency requirement to file for divorce in Michigan. You or your spouse must have resided in Michigan for at least 180 days before filing for divorce. Additionally, you must have resided in the county where you plan to file for at least ten days.

If your spouse lives out-of-state, it is still possible to file for divorce in Michigan. 

You can file for a contested or uncontested divorce.

An uncontested divorce means you and your spouse agree on all the terms of your divorce. A contested divorce is more complicated and means you and your spouse need the court’s help to settle issues such as alimony, property division, and child custody arrangements. 

Factors that Impact the Cost of a Michigan Divorce

It is challenging to provide an exact estimate of the potential costs of a Michigan divorce.

Numerous factors can impact the cost, including the case’s complexity and whether you and your spouse agree on fundamental issues. A contentious divorce where high-dollar assets are at stake can cost more to resolve than a divorce where both parties amicably agree on the terms of the divorce.

Some of the basic costs associated with a Michigan divorce can include: 

Court Fees

To file for divorce, you generally need to pay filing fees to the court. These fees can vary depending on whether you have minor children.

Attorney’s Fees

Attorney’s fees also vary depending on the complexity of your case. However, an attorney can be instrumental in helping you resolve your issues and protect your rights.

Alternative Dispute Resolution Costs

Sometimes, mediation or alternative dispute resolution may be necessary to avoid contentious, costly litigation. Here’s a breakdown of the two:

Mediation

In mediation, a neutral third party helps spouses communicate, identify issues, and suggest potential solutions so they can work towards a mutually acceptable resolution. This involves joint sessions, and sometimes separate “caucuses,” to explore options regarding issues like child custody, visitation, property division, and spousal support.

Arbitration or Collaborative Divorce

ADR utilizes mediation along with other approaches, such as collaborative divorce or arbitration, to negotiate disputes.

The key difference between mediation and arbitration is that an arbitrator can issue a binding decision, whereas in mediation, the neutral third-party only helps to facilitate discussion. No decisions are binding until the agreements are written into a contract and all parties have signed.

Arbitration and collaborative divorce costs can vary widely depending on the nature of the case. They may include arbitrator costs, as well as professional fees for the experts used in the collaboration, such as financial advisors or child advocates if children are involved.

Property Division

Michigan divides marital property via equitable distribution, meaning the court attempts to divide marital assets fairly and equitably.

However, this does not necessarily mean an equal 50/50 split of marital assets. The court will review all aspects of the divorce and decide what is a fair division based on various factors. The court might consider the following when determining equitable distribution: 

• Duration of the marriage
• Contributions of the spouses to the marital estate
• The age and health of the spouses
• The needs and circumstances of both spouses
• Life status of the spouses
• Earning capacity of each spouse
• Past relations and conduct of the spouses
• Whether a spouse contributed to the acquisition or increased the value of separate property
• General principles of equity

The cost of legal help with property division varies widely based on the assets involved. In general, the more complicated the case, the higher the legal fees.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues, which include property division, child custody, child support, and spousal support. Because there’s no disagreement on the terms of the divorce, uncontested divorce costs less and is typically simpler and faster.

Contested Divorce

When spouses disagree on one or more major issues, the divorce is considered contested.

A contested divorce typically requires a longer process that may involve mediation or litigation, making it significantly more expensive.

The average cost of divorce in Michigan when spouses disagree on one or more major terms depends on various factors. Those factors include how long the process takes, whether the couple has children, whether mediation is necessary, and whether the case goes to court.

Additional Expenses

There may be other expenses you need to factor into the cost of your divorce. These costs will vary for each divorce. Some additional expenses you may need to plan for include:

• Legal service fees
• Guardian ad litem fees if your case involves contested child custody 
• Custody and parenting time evaluations
• Subpoena fees, deposition costs, and other expenses related to discovery
• Mediation fees
• Expert witness fees

After carefully reviewing your situation, an experienced family law attorney can give you a better idea of what a Michigan divorce may cost. A lawyer can help you navigate the divorce process and provide crucial counsel as your case progresses.

How Long Does a Divorce Take — and Why It Matters for Cost

There is no definitive timeline for getting a divorce in Michigan.

The length of the process depends on several factors, including the complexity of your case. Couples who file for an uncontested divorce and agree on the terms of the dissolution of their marriage may find the process moves quickly. Contested divorce cases can take longer to resolve, especially if they involve multiple court appearances.

Furthermore, high net-worth divorces can take a long time because there are several assets to divide, and professional appraisals or sales may have to occur first. 

There is a 60-day waiting period before a judge will hear your case after you file for divorce. That waiting period extends to 180 days if you and your spouse have children together. 

How to Reduce Divorce Costs in Michigan

Yes. Generally, filing for an uncontested divorce is less expensive and time-consuming than a contested divorce.

However, you and your spouse must agree on the divorce’s terms, such as property division, child custody arrangements, and spousal support. 

If you cannot pay your attorney’s fees, you might get your ex-spouse to cover the cost, but only if you can demonstrate that you cannot pay the fees yourself and that your ex-spouse can. If you want your ex to cover your attorney’s fees, you’ll want to work with an experienced divorce lawyer who can review your situation. 

You may also request your filing fees be waived by submitting a Fee Waiver Request. You won’t have to pay court fees during your divorce if approved.

While there is a cost associated with mediation, mediation may help you amicably resolve some of the contested issues in your divorce, saving you money in the process. 

Should You Hire a Divorce Lawyer — or Go It Alone?

Even if you and your spouse agree on the terms of your divorce, several complicated issues may arise. An attorney can help you navigate the process and alleviate some of the stress of filing for divorce.

A lawyer can help you by: 

• Reviewing marital property and assets to be divided
• Protecting your legal rights
• Negotiating child support and custody issues
• Preparing necessary legal paperwork

Frequently Asked Questions About Divorce Costs in Michigan

Seeking a divorce can be stressful, overwhelming, and confusing.

At Alward Fisher, we pride ourselves on not only offering crucial support to our clients during these often-difficult transition periods but also keeping them informed about the divorce process, their legal rights, and what to expect as proceedings move forward.

To help you with that, take a look at these common questions clients ask us about the cost of divorce in Michigan:

Can I get a fee waiver if I can’t afford the filing costs?

Yes. If you can’t afford the filing fee, you can request a fee waiver. To have your fee waived, you’ll need to prove financial hardship to the court by providing information about your income and expenses.

Can I get a divorce without a lawyer to save money?

You don’t legally need to hire a lawyer to get a divorce, but it can be difficult to proceed without one, particularly with more complicated divorce cases.

While you may be saving money in attorney fees, it can be challenging to seek a divorce on your own, and mistakes may ultimately cost you more, both financially and personally, than the attorney fees would have.

Can costs be reduced if both spouses agree on everything?

Yes. If both spouses agree on the terms of property division, child custody, child support, and spousal support, the divorce will typically cost far less. This is known as an “uncontested” divorce, and it can cost thousands, or even tens of thousands, of dollars less.

What factors affect the cost of a divorce lawyer in Michigan?

The total attorney fees you’ll be required to pay in a divorce depend on several factors, including:

• How complicated the divorce is
• Whether the divorce is contested or uncontested
• Time spent in court hearings and negotiations
• Experience and hourly rate of the attorney

Do you have any tips for lowering the cost of divorce in Michigan?

Some quick tips for reducing the cost of your divorce:

• Use mediation or collaborative divorce instead of litigation
• Stay organized and provide documents promptly to your lawyer
• Avoid unnecessary court motions or hearings whenever possible
• If eligible, apply for a fee waiver or legal aid assistance

Are there hidden costs in divorce that people often overlook?

Yes. Beyond filing fees and attorney fees, people often overlook:

• Costs of serving papers
• Mediation or parenting coordination fees
• Court-ordered parenting classes or custody evaluations
• Appraisals of homes, vehicles, businesses, and other assets
• Title transfer fees for property or vehicles
• Tax preparation of financial planning fees after dividing assets

Who pays for debts accumulated during the marriage?

In Michigan, marital debts, like credit cards or mortgages, are usually divided in the same way marital assets are: through equitable distribution.

In equitable distribution, a judge divides debt fairly, but not necessarily equally. Courts consider the length of the marriage, contributions made to the marriage, who incurred the debt, and each spouse’s ability to pay when determining what constitutes fair distribution.

Can legal aid help cover some divorce costs if I can’t afford them?

Yes. Michigan has legal aid organizations that provide free or low-cost assistance for people with limited income, particularly when the divorce involves issues like domestic violence or child custody. While legal aid typically can’t pay for filing fees directly, they can help you apply for a fee waiver.

Are there extra costs if I need to modify a divorce later?

Yes. It’s not uncommon for people to seek a modification to a divorce decree after life circumstances change, such as a change in income or location. However, if you seek a modification, you’ll need to pay new filing fees, plus any attorney fees.

If the modification requires mediation or evaluations, those costs also apply.

Talk to Our Michigan Divorce Attorney Today

The cost to file for divorce in Michigan can vary depending on several factors.

However, an experienced attorney can help determine how much you will pay. Contact Alward Fisher today to speak to one of our Michigan family law attorneys. Our knowledgeable legal team can help make the divorce process go more smoothly.

Contact our office today for a free and confidential consultation.