Divorce in Oakland County, Michigan, often begins with the same question: Do I really need a lawyer for a no-fault divorce? Many couples in cities like Birmingham, West Bloomfield, Farmington Hills, and Troy assume the process will be quick and simple, until confusing paperwork, financial issues, or parenting disputes surface. Here’s what Michigan law says and why having an experienced attorney is critical, even in no-fault cases. What does it mean to talk about Michigan being a no-fault state. Well, it means that there is no requirement for a spouse to be at fault for a divorce to occur. Michigan law aims to eliminate the finger-pointing and accusations that some states require before spouses can obtain a divorce.
Understanding Michigan’s No-Fault Divorce Law
To seek a divorce in Michigan, you only need to show “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:
- You do not have to prove wrongdoing, like adultery or abuse.
- Fault can still affect property division and spousal support, and custody, even in a no-fault divorce.
Why You Still Need a Divorce Attorney in a Michigan No-Fault Divorce
Even “simple” divorces, where both spouses agree, in Oakland County require following strict court procedures. They are not just “fill-out-a-form” situations. An attorney ensures that:
- Court filings are correct: Divorce proceedings begin with properly drafting a Complaint for Divorce, which is filed in the Oakland County Circuit Court, located in Pontiac. Wrong or missing forms can delay your case. Failure to include certain information can cause delays or worse, losing the right to ask the court for specific relief at the end of the divorce case.
- Property division is fair: Michigan law requires equitable distribution of marital property. That means fair, not necessarily equal. Retirement accounts, real estate, and even debts must be divided properly to avoid future disputes.
- Support is calculated correctly: Child support is determined according to the Michigan Child Support Formula. Spousal support is discretionary and based on multiple factors, including the parties’ needs and ability to pay.
- Custody orders meet legal standards: Custody and parenting time decisions must be based on the best interests of the child, taking into account various factors.
Child Custody and Support in Oakland County No-Fault Divorces
If you have children, your divorce will involve decisions about custody, parenting time, and support. Circuit Court judges in Oakland County’s Family Division, and throughout Michigan, apply the “child’s best interests” standard when reviewing custody agreements. Even in no-fault cases, disagreements are common here. Having an experienced family law attorney ensures your parental rights are protected.
- Custody: Both legal and physical custody must be determined. Judges look at stability, school involvement, and each parent’s caregiving history.
- Parenting time: Courts generally prefer frequent and continuing contact with both parents, unless it would endanger the child.
- Child Support: Oakland County judges order support based on the Michigan Child Support Formula. The amount can be modified if special needs or unusual expenses exist.
Cost of a Lawyer for a No-Fault Divorce
The cost depends on whether your divorce is uncontested (i.e., no disputes) or contested (i.e., disagreements about money, property, or children). Generally:
- Uncontested divorces are less expensive and proceed more quickly.
- Contested divorces, especially those involving custody, require more court time, discovery, and hearings, increasing costs.
Common Mistakes People Make Without a Lawyer
Attempting a DIY no-fault divorce in Oakland County often leads to mistakes that can cause expensive and long-term problems. Some examples are:
- Missing property or debts: Forgetting retirement accounts, personal loans, or digital assets like cryptocurrency.
- Paperwork errors: Using the wrong forms, missing signatures, or failing to follow Oakland County Circuit Court rules.
- Agreeing to unfair terms: Settling quickly to “get it over with,” only to regret it when support or custody terms prove unworkable.
- Ignoring tax implications: Dividing retirement accounts without a proper QDRO (Qualified Domestic Relations Order) can trigger penalties. Not understanding the tax implications of other asset transfers can be expensive after the divorce is over.
FAQs About No-Fault Divorce in Michigan
Q: How long does a no-fault divorce take in Oakland County?
A: This depends on how complex the case is. The more disputes there are, the longer it will take. Michigan law requires a minimum 60-day waiting period if you do not have minor children, or 180 days if you have children. It is not common for divorces to conclude that quickly.
Q: Can we use the same lawyer if we agree on everything?
A: No. One lawyer cannot represent both spouses. Often, one spouse will hire a lawyer to draft the paperwork, while the other spouse proceeds without legal representation.
Q: What if my spouse won’t cooperate?
A: The case will proceed as a contested divorce. A contested case in Oakland County typically involves discovery, mediation, and hearings.
Q: Will fault (like adultery) matter?
A: Sometimes. While fault is not required to obtain a divorce, it can impact property division and spousal support awards under Michigan law. Your attorney can advise you on how adultery will affect your case.
Contact Us Today!
Even in a no-fault case, Michigan divorces involve complex laws, financial disclosures, and parenting decisions. The safest step you can take is to consult with an attorney before you file. At The Kronzek Firm, we can protect your rights, help you avoid costly mistakes, and guide you through every step of the process. We represent clients in Oakland County and surrounding areas, including Livingston, Macomb, Monroe, and Ingham Counties. If you’re considering a no-fault divorce in Oakland County, Michigan, contact our top rated family law attorneys today. We’ll help you protect your property, your future, and your family.
Our highly respected attorneys have represented thousands of Michigan clients for over 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200 or by email at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]