What to Expect During a Divorce in Macomb County, Michigan
Divorce is rarely simple. Even when both spouses agree the marriage is over, the legal process can feel confusing, stressful, and emotionally exhausting, especially when children, property, and financial stability are involved. If you’re considering divorce (or you’ve already been served papers), understanding what the process looks, whether you are in Mount Clemens, Warren, or Sterling Heights, can help you feel more prepared and in control.
Below is a straightforward breakdown of what to expect, including timelines, court involvement, custody decisions, and common issues that can impact the outcome of your case.
Step One: Filing for Divorce in Macomb County
A divorce in Macomb County begins when one spouse files a Complaint for Divorce with the Macomb County Circuit Court – Family Division. Michigan has residency requirements that must be met before a case can be filed:
At least one spouse must have lived in Michigan for 180 days, and
At least one spouse must have lived in Macomb County for 10 days
Once the complaint is filed, the other spouse must be legally served with the paperwork. This is an important step, because proper service is required for the case to move forward.
How Long Does Divorce Take in Michigan?
Many people want to know the timeline right away, and the truth is, divorce timelines depend heavily on whether children are involved and whether the case is contested.
Michigan law includes mandatory waiting periods:
60 days if there are no minor children
6 months if the parties share minor children
Even after the waiting period, the divorce can take longer if there are unresolved disputes involving custody, support, or property division. Contested divorces often extend beyond six months, particularly when emotions are high or financial matters are complex.
Will You Have to Go to Court?
Not every divorce ends in a trial, and many cases are resolved through negotiation or mediation. However, even in a relatively cooperative divorce, it’s common to have two to three court appearances along the way.
If the spouses cannot agree on major issues, such as parenting time, child support, spousal support, or dividing assets, the court becomes more involved, and the process typically becomes longer and more expensive.
Michigan Is a No-Fault Divorce State
Michigan follows no-fault divorce laws, meaning you do not need to prove that your spouse did something wrong in order to get divorced.
Instead, the filing spouse must state that the marriage has broken down to the point where there is no reasonable likelihood that it can be preserved.
This doesn’t mean that behavior is always irrelevant. Certain conduct can still affect issues like custody or asset division in some cases, but fault does not have to be proven just to obtain the divorce itself.
How Property Is Divided in a Macomb County Divorce
One of the biggest concerns in any divorce is “Who gets what?”
Michigan uses a system called equitable distribution, which means marital property is divided fairly, but not necessarily 50/50.
Courts may consider factors such as:
The length of the marriage
Each spouse’s income and earning capacity
Contributions to the marriage (including staying home to raise children)
The needs and financial circumstances of each spouse
This applies to both assets and debts. Marital property may include things like income earned during the marriage, retirement accounts, equity in the home, vehicles, and shared credit card debt.
What Happens to the Marital Home?
The marital home is often one of the most emotionally charged and financially significant parts of a divorce. In Macomb County, the outcome can vary depending on the family’s situation.
In general, the home may be:
Sold, with the proceeds divided
Awarded to one spouse (sometimes with a buyout of the other spouse’s share)
Kept temporarily, especially if minor children are involved and stability is a priority
There is no one-size-fits-all answer, and the decision can have long-term consequences, especially when you consider refinancing, mortgage responsibility, and equity.
Child Custody: How Decisions Are Made in Macomb County
If children are involved, custody is often the most important issue in the case.
Michigan courts make custody decisions based on the “best interests of the child.” A few of the factors the court will evaluate include
The emotional ties between each parent and the child
Each parent’s ability to provide love, guidance, and stability
Each parent’s ability to provide food, clothing, and medical care
To see the fill list of factors, visit our FAQ. Custody disputes can move quickly into court hearings, and early decisions can shape the direction of the entire case.
How Child Support Is Calculated in Michigan
Child support in Michigan is not based on guesswork. It is calculated using the Michigan Child Support Formula, which considers several factors, including:
Each parent’s income
Parenting time arrangements
Health insurance and medical expenses
Childcare costs and other financial obligations
Courts generally follow the formula unless there is a specific reason to deviate, which means support is often predictable once accurate financial information is provided.
Spousal Support (Alimony): Is It Automatic?
Spousal support, also called alimony, is a common concern, but it is not automatic in Michigan. The court evaluates whether support is appropriate and what amount and duration are fair.
Some of the factors considered include:
Length of the marriage
Income disparity between spouses
Earning potential and ability to work
Age and health
Standard of living during the marriage
Spousal support may be temporary (to help one spouse get back on their feet) or longer-term depending on the circumstances.
Should You Move Out Before the Divorce Is Final?
This is one of the most common questions and one of the biggest mistakes people make without legal advice.
Moving out of the marital home too early can impact:
Custody and parenting time arguments
Property rights and possession issues
Temporary court orders and leverage during negotiations
In many situations, it’s best to speak with a divorce attorney before making any move, even if the home environment is tense. A strategic decision early in the case can make a major difference later.
Final Thoughts: The Best Way to Protect Yourself Is to Be Prepared
Divorce is a legal process with real consequences—financially, emotionally, and for your family’s future. The more informed you are, the more confidently you can make decisions that protect what matters most.
Whether your divorce is amicable or contested, understanding the steps, timelines, and legal standards involved will help you avoid surprises and reduce stress as your case moves forward.
Talk to a Trusted Macomb County Divorce Attorney
If you’re considering divorce or already involved in a case, the best next step is getting advice specific to your situation. Contact Salvatore D. Palombo & Associates, P.C. today to schedule a confidential consultation and get expert guidance through every stage of the divorce process.
