Michigan’s Three Types of Divorce Actions

Prior to 2019, filing a lawsuit for divorce was the main way to end a marriage in Michigan.   Now there are three main ways to initiate a divorce action in Michigan – with better options to serve many divorcing couples.   

(1)    Traditional Divorce Lawsuit.  A traditional divorce action is a lawsuit – against your spouse – in which one party is the Plaintiff and one is the Defendant.  In some instances, a traditional divorce lawsuit is absolutely necessary.  However, with a divorce lawsuit, the ultimate decisions about your property, your future support and your children are in the hands of a court.  The courts also tend not to have the flexibility in crafting custom arrangements, that may be better tailored to a particular couple’s or family’s needs.

(2)    Fast-Track Divorce.  A new “fast track” divorce process became available in 2019. MCR 3.223.   A “fast track” case is one in which all of the final orders (usually, the Judgment of Divorce and any child or spousal support orders) are drafted and signed before any court filing takes place.  The key to a successful and cost-effective Fast-Track Divorce is work out the terms, and draft all of the final orders first.  Instead of the “file first” perspective often associated with a Divorce Lawsuit, this is “settlement first” legal option.

(3)    Collaborative Divorce.  In 2019, MCR 3.222 took effect, permitting divorce actions to be filed when the parties have agreed to negotiate the terms of their divorce outside of a legal proceeding or, if litigation has been started, to hit the “pause button” on the lawsuit and attempt a settlement under more private conditions.  Collaborative Divorce is an excellent option where your financial or personal circumstances are complex or you have a particular need for privacy, and both spouses agree that they do not need or want to resort to a traditional Divorce Lawsuit to work out their issues.

At Banfield Couling, we are leaders in the new divorce options and highly experienced in handling traditional divorce actions.  We offer a complimentary book, “Navigating Divorce in Michigan: Options to Know Before You File,” to help each client assess the options that may best suit their needs and circumstances.

PLEASE NOTE: This blog is not intended to constitute legal, financial and/or tax advice.  We do not recommend making important decisions of the type addressed in this article without specific legal or tax advice by a licensed accountant or lawyer.