Deciding to meet with a divorce attorney is a big step, and it’s normal to feel unsure about what happens next. A little preparation goes a long way. Walking into your consultation with the right documents and a clear sense of your priorities helps your attorney give you useful guidance right away, instead of spending the meeting gathering basic facts.
At Clarity Law Firm, our experienced Michigan divorce attorneys meet with people in Dearborn and across Wayne, Oakland, and Macomb Counties every week who are starting this process for the first time. Here is what to bring, what to expect, and what to ask.
What You Need Before You Walk In
At a minimum, bring your financial documents, any prenuptial agreement or postnuptial agreement, a general idea of what you want for custody or property, and a written list of questions. You do not need every document finalized. Your divorce attorney can help you fill in gaps once representation begins.
Documents to Gather Before Your Consultation
Bringing organized paperwork helps your attorney understand your marital estate quickly. Try to pull together:
- Recent bank statements and credit card statements
- Tax returns from the last two to three years
- Pay stubs or proof of income
- Records for retirement funds, investment accounts, and vehicle ownership or auto loans
- Real estate documents, including anything related to the marital residence
- Any prenuptial or postnuptial agreement
- Marriage license, birth certificates, and social security cards for you and any children
- Relevant text messages or other communication records, if they relate to custody or finances
You do not need to track down every financial document before your first meeting. Bring what you have, and your attorney will tell you what else to request during discovery.
Related:How to Prepare for a Divorce
Understand Your Marital Finances and Property
Michigan divides property under an equitable distribution standard, not a strict 50/50 split. Under MCL 552.19, courts consider multiple factors when dividing marital assets and debts, and the goal is a fair outcome based on your specific circumstances.
It helps to have a rough sense of what counts as marital property (assets and debts built up during the marriage) versus separate property you owned before. A simple list or balance sheet of what you own and owe, including real estate, retirement accounts, and credit card debt, gives your attorney a starting point.
Michigan is a no-fault divorce state, so you don’t need to prove wrongdoing to get divorced. That said, conduct during the marriage can still play a role in how property is divided, or spousal support is decided, so it’s worth mentioning any financial misconduct, like hidden accounts or reckless spending, during your consultation.
Factors to Consider if Children Are Part of Your Case
Custody decisions in Michigan separate legal custody (decision-making authority over things like school and medical care) from physical custody (where the child primarily lives). Courts decide custody by weighing 12 best interest of the child factors under MCL 722.23, not by what either parent prefers.
Child support follows the Michigan Child Support Formula, a guideline that accounts for both parents’ incomes, parenting time, and other factors. It is not a number your attorney can quote off the top of their head at a first meeting, since it depends on the specific facts of your case.
If custody is part of your situation, come with a general sense of what parenting arrangement would work for your family and your child’s routine, not a plan built around winning against the other parent.
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Questions Worth Asking During Your First Meeting
A good consultation goes both ways. Consider asking:
- What is your fee and payment structure, and do you offer payment plans? Ask whether retainer fees are held in a trust account and billed against as work is done.
- How will we communicate, and how often should I expect updates?
- What has your experience been with cases similar to mine?
- What does the divorce process typically look like from here, including rough timelines?
- Is my situation better suited to an uncontested divorce, mediation, or collaborative divorce, or does it look like a contested case?
Everything you share during a consultation is protected by attorney-client privilege, even before you formally retain the firm.
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How to Protect Yourself During the Divorce Process
If you are in immediate danger, call 911 first. If domestic abuse is part of your situation, tell your attorney early in the consultation. Documentation like police reports or a record of concerning text messages can matter later, and an attorney can advise you on how to handle it.
For everyone else, a few habits help regardless of how amicable the divorce is:
- Be careful what you post. Facebook posts and Instagram pictures are sometimes used as evidence in custody disputes and support cases.
- Keep communication with your spouse civil, especially if children are involved. Courts respond better to parents who avoid conflict in writing and in person.
- Keep copies of financial and communication records in one place so they are easy to hand off to your attorney.
Types of Divorce in Michigan
Not every divorce needs to go to trial. Depending on your situation, your attorney may discuss:
- Uncontested divorce: both spouses agree on the major terms, which can shorten the timeline.
- Collaborative divorce or mediation: you and your spouse work toward an agreement outside of court, often with less conflict.
- Standard litigation: used when spouses disagree on custody, support, or property and need the court to decide.
One note worth knowing before your consultation: Michigan doesn’t use the term “legal separation.” Instead, the closest option is an action for separate maintenance under MCL 552.7, which resolves property, custody, and support while the marriage technically continues. Ask your attorney whether that option fits your goals, or whether divorce is the more direct path.
Wayne County’s Third Circuit Court
If your case is filed in Wayne County, it will be heard in the Third Judicial Circuit Court of Michigan, Family-Domestic Division. Wayne County also runs its own electronic filing system separate from Michigan’s statewide MiFile platform, which is worth asking about if you’re unfamiliar with local filing procedures.
How Clarity Law Firm is Here for You
We know that reaching out for a consultation is often the hardest part. Our team walks you through your options in plain language, without judgment and without pressure, so you can decide what makes sense for your family.
We offer free consultations and payment plans to make working with an experienced family law attorney more accessible. Contact us today at (313) 513-1919 to schedule your free consultation and take the first step toward resolution.
Not by that name. Michigan uses a separate legal process called separate maintenance, which resolves property, custody, and support while the couple remains legally married.
Michigan follows equitable distribution, meaning courts aim for a fair division of marital property, which is not always an equal split.
Courts weigh 12 best interest of the child factors to decide legal and physical custody, rather than favoring either parent.
No. Bring what you have on hand. Your attorney will identify what else to gather once the discovery process begins.
Tell your attorney at the start of your consultation. If you are in immediate danger, call 911 first. This information is not intended as legal advice for your specific situation.
