DIVORCE ATTORNEY

Divorce is more than the legal end of a marriage. It can affect your children, home, finances, retirement, business interests, property, debt, income, and future security.

At The Law Offices of Gerald F. Chefalo, we represent clients in divorce, custody, parenting-time, support, property-division, mediation, and post-judgment family-law matters in Traverse City and throughout Northern Michigan, including Grand Traverse, Leelanau, Antrim, Benzie, Kalkaska, Charlevoix, Emmet, and Manistee Counties.

If your marriage is ending, if you are considering divorce, or if you have been served with divorce papers, the first step is to understand your rights, obligations, options, and deadlines before making decisions that may affect your future.

Call 231-929-7744 to schedule a confidential consultation.

Quick Answer: What Should You Do if You Are Considering Divorce in Michigan?

If you are considering divorce in Michigan or have been served with divorce papers, do not ignore deadlines, move money, hide assets, cancel insurance, deny parenting time, or sign an agreement before understanding your rights.

Michigan divorce cases may involve custody, parenting time, child support, spousal support, property division, debt allocation, temporary orders, mediation, and post-judgment consequences.

Before making decisions that may affect your children, finances, home, business, retirement, or future security, speak with a Michigan divorce lawyer about your specific situation.

Michigan Divorce Laws Commonly Involved

Michigan divorce and domestic-relations cases may involve several statutes, court rules, and legal standards depending on the issues.

Common authorities include:

• MCL 552.6 — Michigan’s no-fault divorce ground
• MCL 552.9 — Michigan divorce residency requirements
• MCL 552.9f — Michigan divorce waiting periods
• MCL 722.23 — child-custody best-interest factors
• Michigan Child Support Formula — child-support calculation framework
• MCR 3.216 — domestic-relations mediation
• MCR 2.412 — mediation communications, confidentiality, and disclosure
• Michigan court rules governing service, defaults, temporary orders, discovery, judgments, and post-judgment enforcement

The right approach depends on the facts, the family, the finances, the children, and the issues in dispute.

Divorce and Family-Law Matters We Handle

We assist clients with a wide range of divorce and domestic-relations matters, including:

• Divorce
• Separate maintenance
• Custody
• Parenting time
• Child support
• Spousal support
• Property division
• Debt division
• Retirement accounts
• Pensions
• Real estate
• Business interests
• Self-employment income issues
• Separate property claims
• Domestic violence concerns
• Personal protection order issues connected to family cases
• Mediation
• Arbitration, when appropriate and agreed upon
• Post-judgment custody, parenting-time, support, and enforcement issues

Every divorce is different. Some cases are resolved by agreement. Some require mediation. Some require contested hearings or trial. The right approach depends on the facts, the family, the finances, the children, and the issues in dispute.

Michigan Is a No-Fault Divorce State

Michigan is a no-fault divorce state. A party does not have to prove adultery, cruelty, abandonment, or other fault grounds to obtain a divorce.

Before granting a divorce, the court must find that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

This means a divorce may be granted even if one spouse does not want the divorce.

Although fault is not required to obtain a divorce, conduct during the marriage may still be relevant to certain issues, such as property division, spousal support, custody, parenting time, credibility, or attorney-fee disputes, depending on the facts and applicable law.

Alternatives to Divorce

Divorce is not the only option in every situation.

Depending on the circumstances, some people consider counseling, reconciliation, separate maintenance, mediation, or a structured separation before deciding whether to proceed with divorce.

Marriage counseling may help some couples improve communication, address conflict, or determine whether the marriage can continue. Even when divorce cannot be avoided, counseling may sometimes help the parties communicate more effectively, especially when children are involved.

Separate maintenance is different from divorce. It may allow parties to address support, property, custody, parenting time, and financial issues while remaining legally married. This option may matter for religious, insurance, financial, or personal reasons.

Annulment is different from divorce and is available only in limited circumstances where the marriage is legally invalid or voidable. Because annulment depends on specific facts and legal grounds, it should be reviewed carefully before assuming it is available.

Requirements for Filing for Divorce in Michigan

To file for divorce in Michigan, either the plaintiff or defendant generally must have lived in Michigan for at least 180 days immediately before the complaint is filed.

In most cases, either the plaintiff or defendant must also have lived in the county where the divorce is filed for at least 10 days immediately before filing. Michigan law includes limited exceptions, including certain circumstances involving minor children and the risk that a child may be taken out of the United States.

Before filing, it is important to confirm that the proper court has jurisdiction and that the residency requirements are met.

Early Planning Matters

Divorce decisions made early can affect custody, parenting time, support, property division, debt, housing, and settlement strategy.

Early planning does not mean escalating conflict. It means understanding your options before you act.

If you are considering divorce, have been served, or believe your spouse may be preparing to file, a confidential consultation can help you identify immediate risks, deadlines, documents, and next steps.

Before filing or responding to a divorce case, it may be important to gather financial records, identify urgent parenting issues, review housing concerns, protect access to necessary documents, and understand what temporary orders may be needed.

How a Michigan Divorce Case Begins

A Michigan divorce begins when one spouse files a Complaint for Divorce in the circuit court. The person who files is called the plaintiff. The other spouse is called the defendant.

The complaint is usually filed with a summons and other required documents. Depending on the case, those documents may address minor children, support, property, insurance, financial disclosures, and temporary issues.

In some cases, a party may also ask the court to enter temporary or ex parte orders at the beginning of the case. These may involve custody, parenting time, child support, spousal support, exclusive use of the home, preservation of assets, payment of bills, insurance, or other immediate concerns.

An ex parte order is entered without a prior hearing based on the requesting party’s filing. If an ex parte order is entered, the other party may have a short deadline to object. You should act quickly if you receive an ex parte order and disagree with it.

Service and Response Deadlines

After the divorce papers are filed, the defendant must be served according to Michigan court rules.

Once served, the defendant must respond within the time allowed by court rule. In many cases, a defendant personally served in Michigan must serve and file an answer or take other action within 21 days. If service is made outside Michigan or by registered mail, the deadline is generally 28 days.

If the defendant fails to respond, the plaintiff may request a default. A default can limit the defendant’s ability to participate and may allow the case to proceed without the defendant’s agreement.

If you have been served with divorce papers, do not ignore them.

Temporary Orders During Divorce

Temporary orders may address custody, parenting time, child support, spousal support, possession of the marital home, payment of bills, insurance, use of vehicles, preservation of assets, and other issues while the divorce is pending.

These orders can shape the case while the parties wait for final resolution. If you receive a proposed temporary order or an ex parte order, it should be reviewed immediately because objection deadlines may be short.

Temporary orders should be taken seriously. They may affect where children live, how bills are paid, who remains in the home, how parenting time occurs, and how the parties manage finances until the divorce is resolved.

What Not to Do During a Divorce

Do not ignore court papers, deadlines, or ex parte orders.

Do not move money, hide assets, empty accounts, change beneficiaries, cancel insurance, remove children from school, deny parenting time, or move out of state with children without first getting legal advice.

Do not post about the divorce, your spouse, your children, or the court case on social media.

Do not send angry texts, emails, or voicemails that may later be used as evidence.

Before making major financial, parenting, housing, or employment decisions, speak with an attorney so you understand the possible legal consequences.

Mandatory Waiting Periods in Michigan Divorce Cases

Michigan has mandatory waiting periods before a divorce can be finalized.

In a divorce without minor children, proofs or testimony generally cannot be taken until at least 60 days after the complaint is filed.

In a divorce involving dependent minor children under age 18, proofs or testimony generally cannot be taken until six months after the complaint is filed. The court may shorten the six-month period if unusual hardship or compelling necessity is shown, but the court may not shorten the period below 60 days.

The waiting period is not the same thing as the total length of the divorce. A case may take longer depending on custody, parenting time, support, property, debt, discovery, mediation, settlement, court scheduling, or trial.

Custody and Parenting Time

When minor children are involved, custody and parenting time are often the most important issues in the case.

Custody may involve legal custody, physical custody, or both. Legal custody generally concerns major decisions affecting the child, such as education, medical care, and religion. Physical custody concerns where the child lives and the child’s day-to-day schedule.

Parenting time addresses when the child will be with each parent, including regular schedules, holidays, school breaks, transportation, communication, extracurricular activities, and other practical details.

Custody and parenting-time decisions are based on the child’s best interests. Michigan law identifies best-interest factors that courts consider, evaluate, and determine when deciding custody issues.

These issues should be handled carefully because early agreements, temporary orders, and parenting patterns may affect how the court evaluates stability, the child’s established custodial environment, and the child’s best interests.

Friend of the Court

In many Michigan domestic-relations cases involving children or support, the Friend of the Court may become involved.

The Friend of the Court may assist the court with custody, parenting time, child support, medical support, enforcement, and related recommendations or services.

Friend of the Court involvement can affect the pace and direction of the case. Reports, recommendations, support calculations, investigations, and hearings should be taken seriously and reviewed carefully.

If the Friend of the Court is involved in your case, it is important to understand the process, deadlines, paperwork, and possible effect of any recommendation or order.

Child Support

Child support is usually determined under the Michigan Child Support Formula.

Support depends on several factors, including income, overnight parenting time, health insurance, childcare expenses, and other information required by the formula.

Accurate income information matters. Cases involving self-employment, seasonal income, overtime, bonuses, unemployment, disability, business income, or disputed earning capacity may require closer review.

Child support can usually be modified after judgment if the legal requirements for modification are met.

Spousal Support

Spousal support, sometimes called alimony, is not automatic in every case.

Whether spousal support is appropriate depends on the facts, including the length of the marriage, the parties’ incomes, needs, ability to pay, health, age, work history, education, standard of living, property division, conduct of the parties where legally relevant, and other equitable considerations.

Spousal support may be temporary, rehabilitative, periodic, or structured in another way depending on the case.

Property and Debt Division

Dividing property and debt is often one of the most important parts of divorce.

Michigan divorce courts generally divide marital property equitably. Equitable does not always mean exactly equal, although many cases begin with the practical question of what a fair division should look like.

Property division may involve:

• The marital home
• Other real estate
• Bank accounts
• Retirement accounts
• Pensions
• Vehicles
• Personal property
• Business interests
• Professional practices
• Investment accounts
• Debts
• Credit cards
• Tax issues
• Separate property claims
• Inheritance issues
• Premarital property claims

Before settlement, it is important to identify, value, and classify the property and debt. Some cases require appraisals, business valuations, pension division orders, tax review, or discovery to determine what property exists and what it is worth.

Business, Retirement, and Complex Property Issues

Some divorce cases involve closely held businesses, professional practices, rental properties, pensions, retirement accounts, stock options, investment accounts, inherited assets, premarital property, or disputed separate-property claims.

These cases may require valuation, tracing, tax analysis, discovery, appraisals, pension division orders, or consultation with financial professionals.

Before settlement, the property should be identified, classified, valued, and divided in a way that is practical and enforceable. This is especially important when one spouse owns a business, controls financial records, receives nontraditional compensation, or claims that certain property is separate rather than marital.

Discovery and Financial Information

Discovery is the process used to obtain information needed to evaluate the case. It may include interrogatories, document requests, subpoenas, depositions, appraisals, business records, bank records, tax returns, retirement statements, and other financial documents.

Discovery is especially important when there are disputed assets, business interests, hidden income concerns, contested values, debt disputes, or disagreement about what is marital versus separate property.

A divorce settlement should not be based on guesswork. Before signing an agreement, parties should understand the assets, debts, income, and obligations involved.

Divorce Experience That Supports Effective Mediation

Divorce mediation is more effective when the mediator understands the issues that actually drive family-law litigation.

Gerald F. Chefalo’s divorce and family-law practice includes custody, parenting time, child support, spousal support, property division, retirement accounts, business interests, separate-property claims, post-judgment disputes, and enforcement issues.

That background supports his work as a facilitative mediator in domestic-relations cases. Attorneys and parties often need a mediator who understands not only the law, but also the practical reasons divorce, custody, support, and property cases settle.

When mediation is appropriate, that litigation and family-law background can help the parties identify risk, organize the issues, evaluate practical options, and work toward a resolution that can be reduced to enforceable legal documents.

Divorce Mediation

Many Michigan divorce cases are resolved through mediation.

Domestic-relations mediation is a nonbinding process in which a neutral third party helps the parties communicate, identify issues, exchange information, evaluate settlement options, and work toward a voluntary agreement.

The mediator does not represent either spouse. The mediator does not decide the case. The mediator does not force an agreement.

Mediation may address custody, parenting time, child support, spousal support, property division, debt division, retirement accounts, real estate, business interests, and post-judgment disputes.

In some circumstances allowed by court rule and agreement of the parties and mediator, the mediator may provide a written recommendation regarding unresolved issues. That is different from arbitration or trial, and the legal effect should be understood before agreeing to that procedure.

If the parties reach an agreement, the agreement may be reduced to writing and later incorporated into a judgment or court order when appropriate. If no agreement is reached, the case may continue toward further negotiation, hearing, arbitration if agreed upon, or trial.

Mediation and Domestic Violence or Safety Concerns

Mediation is not appropriate in every family-law case.

Domestic violence, coercive control, intimidation, fear, or serious power imbalance may make mediation inappropriate or may require special safeguards. Safety and informed decision-making should come first.

If a divorce or custody case involves domestic violence concerns, PPO issues, threats, coercive control, or fear of retaliation, the mediation process should be evaluated carefully before deciding whether mediation is appropriate and what safeguards may be necessary.

Arbitration in Divorce Cases

Arbitration is different from mediation.

In mediation, the neutral helps the parties try to reach a voluntary agreement. In arbitration, the arbitrator may be asked to make a decision, depending on the parties’ agreement and applicable law.

Arbitration should be considered carefully. The parties should understand the scope of arbitration, whether the arbitration is binding, what issues are included, what procedures apply, and how the award may become part of a judgment or order.

Divorce Trial

Most divorce cases settle before trial, but some cases require trial.

At trial, the court hears testimony and receives evidence on the contested issues. Depending on the case, those issues may include custody, parenting time, support, property division, debt division, valuation, separate property claims, or other disputed matters.

A trial can be expensive, stressful, and time-consuming. But when settlement is not possible or the other side is unreasonable, trial may be necessary to protect your rights.

Judgment of Divorce and Post-Judgment Issues

A divorce is finalized when the court enters a Judgment of Divorce.

The judgment should address all required issues, including custody, parenting time, child support, spousal support if applicable, property division, debt allocation, insurance, retirement accounts, tax issues, and any other matters necessary to resolve the case.

After judgment, some issues may be modifiable if the legal requirements are met. Custody, parenting time, and child support may be reviewed in appropriate circumstances. Spousal support may or may not be modifiable depending on the judgment language and law. Property division is generally final, though enforcement issues may arise.

Post-judgment issues may include enforcement, modification, contempt, parenting-time disputes, support changes, relocation, retirement-order issues, or failure to comply with the judgment.

Local Divorce Representation in Northern Michigan

Family-law cases are handled differently depending on the county, judge, Friend of the Court procedures, local practice, attorneys, mediators, and facts.

The Law Offices of Gerald F. Chefalo represents clients in Traverse City and throughout Northern Michigan, including:

• Grand Traverse County
• Leelanau County
• Antrim County
• Benzie County
• Kalkaska County
• Charlevoix County
• Emmet County
• Manistee County

Local knowledge matters, especially when a case involves children, urgent temporary orders, support, property division, domestic violence concerns, or mediation.

Talk to a Traverse City Divorce Attorney

Divorce is not only a legal process. It is a major life transition.

Gerald F. Chefalo represents clients in divorce, custody, parenting time, support, property division, mediation, and post-judgment family-law matters throughout Northern Michigan.

If you are considering divorce, have been served with divorce papers, or need advice about custody, support, property, or mediation, call before making decisions that may affect your future.

Call The Law Offices of Gerald F. Chefalo at 231-929-7744 to schedule a confidential consultation.

Michigan Family Law Authorities and Sources Considered

This page is based on Michigan divorce law, custody law, child-support rules, domestic-relations mediation procedures, and Michigan family-law practice.

Relevant Michigan authorities include:

• MCL 552.6 — Michigan no-fault divorce ground
• MCL 552.9 — residency requirements for divorce
• MCL 552.9f — divorce waiting periods
• MCL 722.23 — best-interest factors for child custody
• Michigan Child Support Formula
• MCR 3.216 — domestic-relations mediation
• MCR 2.412 — mediation communications, confidentiality, and disclosure
• Michigan Judicial Institute Civil Proceedings Benchbook discussion of mediation and trial alternatives
• Michigan Judicial Institute Domestic Violence Benchbook considerations where domestic violence, coercion, intimidation, safety, or power imbalance may affect mediation suitability

Legal Disclaimer

This page provides general information about Michigan divorce, custody, parenting time, support, property division, mediation, and post-judgment family-law issues. It is not legal advice for any specific case. Reading this page does not create an attorney-client relationship. If you are considering divorce, have been served with divorce papers, or are facing a family-law dispute, speak with a lawyer about your specific facts before taking action.

Legal content reviewed for Michigan law as of June 2026.