Finding out that your spouse filed for divorce can knock the wind out of you, even if you saw it coming. You may feel angry, scared, or unsure of what happens next. Take a breath. You have rights, you have time to respond, and you have options. This guide walks you through the first steps so you can move forward with a clear head.
At Clarity Law Firm, we help people across Wayne, Oakland, and Macomb Counties understand exactly what is happening in their case and why. If your spouse has filed and you are not sure what to do, our team of divorce attorneys is here to talk it through.
The First Things to Do After You Are Served
If your spouse filed and you were handed or served divorce papers, here is where to start:
- Read the papers all the way through and note the date you were served.
- Find the deadline to respond. In Michigan, this is usually 21 days.
- Do not ignore the papers, since missing the deadline can lead to a default judgment.
- Start gathering financial records, including bank accounts, tax returns, and pay stubs.
- Talk with a family law attorney before you make any major decisions.
The rest of this page explains each of these steps and how Michigan law shapes what comes next.
What You Were Actually Served With
The document your spouse filed is a complaint for divorce, along with a summons. The summons tells you that a case has been opened and sets your deadline to respond. The complaint for divorce lays out what your spouse is asking the court to decide, which can include property division, spousal support, child custody, and parenting time.
Reading the divorce complaint carefully matters. It shows you what is on the table and what you may want to agree with, negotiate, or contest. You do not have to accept every request in it. Your response is your chance to tell the court your side.
Related: Another part of the process is
Your Deadline to Respond in Michigan
Michigan Court Rules give you a set amount of time to file a written answer:
- 21 days if someone handed the papers to you in person in Michigan.
- 28 days if the papers were mailed to you or served outside Michigan.
The deadline is not a suggestion. If you do not respond in time, your spouse can ask the court for a default, and the judge can decide the divorce without your input. That can affect your property, your finances, and your time with your children. If your deadline is close, call an attorney right away so your answer gets filed correctly and on time.
Does it Matter Who Files for Divorce First in Michigan?
For most cases, no. Michigan is a no-fault divorce state. The person who files only has to state that the marriage has broken down with no reasonable chance of repair MCL 552.6. Neither spouse has to prove wrongdoing to end the marriage, so being the one who was served does not put you at a legal disadvantage.
Filing first can carry a few practical points, such as extra time to prepare for the divorce hearing and gather documents. Those are logistics, though, not a thumb on the scale. The court still aims for a fair result on property, support, and the children no matter who started the case.
One thing to know: although Michigan does not require fault to grant a divorce, conduct during the marriage can still matter. Things like sexual infidelity or how one spouse spent marital funds can be among the relevant factors a court weighs when it divides property or decides spousal support. It is not automatic, and it is only one piece of a larger picture.
How Michigan Divides Property
Michigan is an equitable distribution state. That means the court divides the marital estate based on what is fair, guided by principles of equity, which does not always mean a straight 50/50 split.
The marital estate can include a wide variety of assets built during the marriage, such as:
- Bank accounts and cash savings
- The family home and other real estate
- Retirement and profit-sharing plans
- Vehicles, furniture, and other common items
- Business interests and investments
Property division is often where the hardest property settlement issues come up, especially when a couple built assets over a long-term marriage. The decisions in divorce here can have lasting implications for your finances, so the goal is a financial settlement and property awards that hold up over time and reflect what each spouse brought to the marriage.
Spousal Support: What the Court Looks At
Spousal support, sometimes called alimony, is not automatic in Michigan. When one spouse asks for it, the court weighs a range of relevant factors rather than plugging numbers into a fixed formula.
Courts often consider things like:
- The length of the marriage
- Each spouse’s earning ability and any superior earnings on one side
- A discrepancy between incomes
- The standard of living during the marriage
- The age and health of each spouse, including issues such as substance dependency or mental illness where relevant
- Whether one spouse set aside a personal career or filled a traditional role at home to support the family
- Fault or conduct during the marriage
- General principles of equity and fairness
Because every family is different, spousal support outcomes vary. An attorney can look at your specific situation and give you a realistic read.
Learn More: Here are the
Your Children: Custody and Parenting Time
If you and your spouse have minor children, custody actions and parenting time are usually the part that weighs on people most. Michigan courts decide these matters based on the best interests of the child under the Michigan Child Custody Act.
The court looks at factors like the bond between each parent and the child, each parent’s ability to provide a stable home, the child’s ties to school and community, and the mental and physical health of everyone involved. Who filed first does not decide custody. What matters is the child’s well-being.
In Wayne County, divorce and other domestic relations cases, including custody and parenting time, are heard in the Third Judicial Circuit Court, Family Division.
How Long a Michigan Divorce Takes
Michigan builds in waiting periods, so a divorce does not finish overnight even when both spouses agree:
- Without minor children: the court cannot enter a judgment until at least 60 days after the complaint for divorce is filed.
- With minor children: the wait is 6 months (about 180 days). In cases of unusual hardship or compelling necessity, a court can act after 60 days on a proper showing.
Michigan also has residency rules: one spouse must have lived in the state for 180 days and in the filing county for 10 days before filing. The 180-day waiting period for families with children often surprises people, so it helps to plan for it early.
Related: How to
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If You Have Safety Concerns
If you are afraid for your safety or your children’s safety, put that first. If you are in immediate danger, call 911. You can also reach the National Domestic Violence Hotline any time at 1-800-799-7233. A personal protection order is a separate legal step from your divorce, and an attorney can help you take it. You do not have to face domestic violence alone.
Practical Next Steps You Can Take Now
While your response deadline runs, a few steps will put you in a stronger position:
- Save copies of important documents, including financial records, deeds, titles, and account statements.
- Keep a simple record of parenting time and day-to-day care of your children.
- Avoid large purchases, moving money, or big changes to joint accounts before you get advice.
- Be careful what you post online, since messages and social media can come up later.
- Write down your questions and goals so your first meeting with an attorney is focused.
Contact: Clarity Law Firm offers
How Clarity Law Firm Helps
Divorce touches your entire family, and the family-related issues that come with it can feel like a lot to carry at once. Our team takes a hands-on approach, giving each client personal attention and clear updates so you always know where your case stands. That level of communication is part of our standards of client service, and it is what the name Clarity is built on.
As an experienced family law attorney team, we handle divorce, child custody, child support, spousal support, and parenting plans across Metro Detroit. We serve English, Spanish, and Arabic-speaking clients and we offer free consultations. Attorney Hanadi Faraj previously served as a Judicial Attorney in the Third Judicial Circuit’s Family-Domestic Division, the same court where most Wayne County family cases are heard.
If your spouse filed for divorce and you need to respond, do not wait until the deadline is on top of you. Call us at (313) 513-1919 to book your free consultation and let us help you plan your next step.
You usually have 21 days to file a written answer if the papers were handed to you in person in Michigan, or 28 days if they were mailed to you or served outside the state (MCR 2.108(A)). Missing the deadline can lead to a default judgment, so act quickly.
The court cannot finalize a divorce until at least 60 days after filing, or 6 months when the couple has minor children. A court can shorten the longer wait after 60 days only in cases of unusual hardship or compelling necessity (MCL 552.9f).
No. Michigan divides marital property equitably, which means fairly, not automatically in half. The court weighs a range of factors when it divides the marital estate.
Your spouse can ask the court for a default, and the judge can decide the case without your input. That can affect your property, your finances, and your parenting time, so it is important to respond on time.
