Uncontested vs Contested Divorce in Michigan

When you're facing the end of a marriage in Michigan, one of the first decisions you'll make shapes everything that follows: will your divorce be uncontested or contested? This choice affects not only your timeline and costs but also your emotional well-being throughout the process. Understanding the difference between a Michigan uncontested divorce and a contested divorce can help you navigate this difficult time with greater confidence and clarity. Comparing online and traditional divorce approaches can also help you choose the most efficient path.

What Is an Uncontested Divorce in Michigan?

An uncontested divorce occurs when you and your spouse agree on all major issues, including property division, spousal support, and—if applicable—child custody, parenting time, and child support. In Michigan, this means you've resolved these matters before filing or shortly after, allowing you to present the court with a complete settlement agreement.

Michigan is a no-fault divorce state under MCL 552.6, meaning you don't need to prove wrongdoing by either spouse. The only ground for divorce is 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 no-fault approach makes uncontested divorces particularly straightforward in Michigan.

A contested divorce, by contrast, means you and your spouse disagree on one or more significant issues. These disputes require the court's intervention through motion practice, discovery, and potentially a trial where a judge makes the final decisions about your property, support obligations, and parenting arrangements.

Cost Comparison: What You'll Actually Pay

The financial difference between uncontested and contested divorces in Michigan can be substantial—often determining whether you emerge from your divorce with your financial stability intact or facing years of debt recovery.

Uncontested Divorce Costs in Michigan

• Court filing fee: $150 (Complaint for Divorce)
• E-filing convenience fee: $25
• Service of process: $25–$50 (if by mail) or $30–$70 (if by sheriff or process server)
• Attorney fees (if hired): $1,500–$5,000 for straightforward cases
• Total typical range: $200–$5,000

If you and your spouse agree on everything, you might complete the process for as little as $200–$500 without an attorney, though many couples choose limited-scope representation to ensure their settlement agreement protects their interests.

Contested Divorce Costs in Michigan

• All the same filing fees as above
• Attorney retainer: $3,000–$10,000 to start
• Ongoing attorney fees: $250–$500 per hour
• Discovery costs: $2,000–$8,000 (depositions, document requests, interrogatories)
• Expert witnesses: $2,000–$10,000 (custody evaluators, forensic accountants, appraisers)
• Friend of the Court services: included but may require additional attorney time
• Trial preparation and attendance: $5,000–$15,000+
• Total typical range: $15,000–$30,000+

High-conflict divorces involving substantial assets, complex business valuations, or intensive custody disputes can exceed $50,000–$100,000.

Timeline Comparison: How Long Will This Take?

Michigan law imposes mandatory waiting periods that establish the minimum duration for any divorce, but the difference between uncontested and contested cases can mean months versus years.

Uncontested Divorce Timeline

• Mandatory waiting period: 60 days from service of the complaint (no minor children)
• Extended waiting period: 180 days for couples with minor children under 18 (waivable to 60 days)
• Residency requirement: 180 days in Michigan and 10 days in the county where you file
• Typical total duration: 2–4 months

Once you file your complaint and serve your spouse, the 60-day or 180-day clock starts. In an uncontested divorce, you can finalize everything shortly after the waiting period expires—often with a single court appearance or even by mail in some counties.

Contested Divorce Timeline

• Same mandatory waiting periods apply
• Discovery phase: 3–6 months
• Motion practice: 2–4 months
• Friend of the Court investigation: 1–3 months (if custody is contested)
• Mediation attempts: 1–2 months
• Trial preparation: 2–4 months
• Trial scheduling and completion: 3–6 months depending on court calendar
• Typical total duration: 12–18 months or more

Contested divorces in Michigan frequently take longer than a year, and complex cases can extend to two or three years. For a detailed breakdown, see our Michigan divorce timeline guide.

The Legal Process in Each Path

Understanding what you'll actually experience in each type of divorce helps you prepare mentally and financially for what lies ahead.

Uncontested Divorce Process

1. Preparation: Gather financial documents and draft a settlement agreement covering property division, spousal support, and parenting plans (if applicable)
2. Filing: Submit your Complaint for Divorce to the Circuit Court Family Division, along with required Michigan court forms and filing fee
3. Service: Serve your spouse with divorce papers (can be by mail with acknowledgment in uncontested cases)
4. Waiting period: Complete the mandatory 60 or 180-day waiting period
5. Review: Friend of the Court may review your parenting agreement if you have children
6. Final hearing: Brief court appearance (or submission by mail) where the judge reviews your settlement agreement
7. Judgment: Court enters Judgment of Divorce, making your divorce final

Contested Divorce Process

1. Filing and response: One spouse files the complaint, the other responds, often with counter-claims
2. Temporary orders: Early motion hearings establish temporary custody, support, and property use
3. Discovery: Formal exchange of financial information through interrogatories, document requests, and depositions
4. Friend of the Court involvement: Investigation and recommendations regarding custody and parenting time
5. Motion practice: Multiple court appearances addressing specific disputes
6. Mediation: Court-ordered or voluntary attempts to settle issues
7. Trial preparation: Finalizing witness lists, exhibits, and legal arguments
8. Trial: Full evidentiary hearing where the judge hears testimony and makes final decisions
9. Judgment: Court enters Judgment of Divorce incorporating the judge's decisions

Need a Detailed Cost Comparison?

The calculator above gives you a quick estimate. For a comprehensive comparison covering $150 filing fees, $80 custody judgment fees, attorney retainers, discovery costs, and FOC service expenses, get your full Michigan cost analysis here.

Making the Right Choice for Your Situation

The decision between uncontested and contested divorce isn't always entirely within your control—if your spouse refuses to negotiate reasonably, you may have no choice but to litigate. However, understanding when each path is appropriate helps you make strategic decisions.

Uncontested divorce works best when:

• Both spouses can communicate without hostility
• You have a clear picture of all marital assets and debts
• Property and debt division seems generally fair to both parties
• You can agree on a parenting plan that serves your children's needs
• Neither spouse is hiding assets or income
• No domestic violence or safety concerns exist

Contested divorce may be necessary when:

• Your spouse refuses to disclose financial information
• Significant assets require expert valuation (businesses, professional practices, complex investments)
• One spouse has hidden or dissipated marital assets
• Serious disagreements exist about custody or parenting time
• Domestic violence or substance abuse affects parenting decisions
• One spouse is financially sophisticated while the other is not

Many Michigan divorces start as contested cases but settle before trial once discovery reveals the full financial picture or custody evaluations provide clarity. Exploring proven strategies to minimize divorce expenses can help you manage costs regardless of which path you ultimately take.

Your Next Steps

Whether your Michigan divorce will be uncontested or contested, taking action now puts you in a stronger position. Start by organizing your financial documents: tax returns, bank statements, retirement account statements, mortgage documents, and records of debts.

Consider consulting with a Michigan family law attorney even if you expect an uncontested divorce. A lawyer can review your settlement agreement to ensure it protects your interests and complies with Michigan law. For contested divorces, legal representation is essential to navigate the Circuit Court system and protect your rights.

For a complete overview of Michigan filing requirements and property division rules, see our detailed guides.