Do I need a lawyer for a divorce in Michigan?
Anna Tsaturova
Michigan managing attorney at Marble Law
Key Takeaways
- You aren't required to hire a lawyer to divorce in Michigan.
- Many people find it beneficial to work with a lawyer, because it can be difficult to navigate the legal system by yourself.
- A lawyer can help with every step of the divorce process or with one or a few steps.
No, a lawyer isn’t required for a divorce in Michigan. That said, many people choose to hire legal counsel to help with parts or all of their divorce cases.
An experienced divorce lawyer can help you:
- Understand the laws and procedures related to divorce in Michigan
- Draft a divorce petition
- Negotiate a divorce settlement agreement
- Locate and value property and other assets
- Advise on issues such as property division, child custody, child support, and alimony
- Represent you in court, if necessary
A family law attorney may be particularly helpful if:
- You and your spouse share children. Determining child custody and child support arrangements can be an emotional ordeal. A lawyer can help guide you through the steps to work out a visitation schedule and calculate child support. They can also represent your and your child’s best interests before a judge in court so you reach fair arrangements.
- Your spouse has legal representation. Lawyers know the ins and outs of divorce and often the local court systems and judges. As a lay person, that puts you at a disadvantage. In one study, when both parties had attorneys, spousal support was awarded in 3 out of 4 cases. But when only one party had a lawyer, only 12 percent of cases led to spousal support.
- You have complex financial assets. If you and your spouse own a business, real estate or simply have retirement accounts, it can be confusing to figure out who gets what or how to properly divide your assets. Working with a lawyer who has experience with divorce cases like yours will make property division go more smoothly and, oftentimes, lead to outcomes that you won’t regret.
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Even if your divorce doesn’t involve any of this, you may still benefit from hiring a lawyer. With uncontested divorces—where the spouses reach an agreement on all terms of the divorce and therefore avoid going to trial—legal counsel can help you:
- Properly fill out and file the divorce papers. Mistakes on these can lead to delays in your case or, worse, divorce terms that could lead you to paying more money to or receiving less money from your spouse than you have a right to.
- Negotiate with your spouse—and their lawyer and/or a mediator—to reach a settlement.
- Draft and review a divorce settlement agreement to ensure it’s fair and likely to be approved by a judge.
- Answer any questions that arise along the way during your divorce.
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