If you and your spouse already agree that your marriage is over and can work through the major decisions together, an uncontested divorce may be an option. It could save you time, money, and unnecessary stress. That doesn't mean the process is automatic or that you can skip the legal requirements. Before you start filing paperwork, make sure you understand what an uncontested divorce involves, what issues must be resolved, and what Michigan courts expect before granting a divorce.
To be able to file for divorce in Michigan, at least one spouse must have jurisdiction. That means at least one person must have lived in the state for at least 180 days and lived in the county where they are filing for at least 10 days before filing.
If you and your spouse have already worked out the major decisions, an uncontested divorce in Michigan may be an option. It doesn't mean you skip court requirements or avoid legal paperwork. It means both spouses agree that the marriage should end and have already settled the key issues involved in the divorce. Because there are no unresolved disputes for a judge to decide, the process is often more straightforward than a contested case. Even so, the court still reviews the agreement and must approve the final divorce. It's also worth remembering that an agreement doesn't always reflect an amicable relationship. Many couples choose an uncontested divorce simply because they want to resolve the matter without prolonged litigation.
Michigan courts require that the spouses agree on certain issues for the divorce to remain uncontested. These issues can be broken down into three general categories. The first is the division of property and debts. The spouses must agree on how they will divide their marital assets, retirement accounts, vehicles, real estate, loans, and credit card debt. The second category addresses issues related to minor children. The spouses must agree on legal and physical custody, parenting schedules, child support, healthcare, and decision-making responsibilities. The third category covers spousal support, if there will be any, how much, and for how long.
The first step is to prepare and file a Complaint of Divorce. This is what begins the legal divorce process. Even though the divorce is uncontested and the parties are in agreement, the filing spouse must still serve the other spouse. However, it can be done amicably with the other spouse signing an Acknowledgment of Service section on the Summons Form. That way, there is a legal record of them receiving the divorce papers. Being cooperative lets the spouses avoid the expense of hiring a process server.
Everyone who files for divorce in Michigan must wait the mandatory waiting period of 60 or 180 days. The divorce cannot be finalized before this date. The waiting period is 60 days if there are no minor children and 180 days if there are minor children. If the spouses can show good cause, they can request to have the 180-day waiting period waived by a judge.
The parties submit their final proposed judgment. It will contain the terms of the divorce by laying out the division of assets, custody, parenting time, and child support. This document is legally binding once approved by a judge, so it’s crucial that the spouses are prepared to abide by it.
The final court hearing is typically a short one for an uncontested divorce. Generally, only the filing spouse is required to attend. The judge will review the submitted documents and ask standard questions to ensure the legal requirements are met. If everything is in order, the judge will sign the judgment and issue the ruling to officially end the marriage.
The most significant benefit of an uncontested divorce is the lower legal costs. When the parties agree, the case moves through the legal process faster, resulting in a resolution sooner. For many couples, it’s the greater level of privacy and control that the spouses are interested in. For others, it is the reduced conflict, which translates to reduced emotional strain on the entire family, including children.
An uncontested divorce may not work for everyone. Spouses who cannot agree or when there are legal issues that need closer review may require a more in-depth divorce process. Common disagreements arise from property division, child custody, or financial assets. Legal issues that warrant additional scrutiny include domestic violence, hidden assets, or a spouse who refuses to cooperate in the legal divorce process.
In some situations, the spouses may claim to want an uncontested divorce, but there are concerns of coercion or a predatory agreement. The court may take a more active role to ensure everyone’s rights are protected.
An uncontested divorce may save time, reduce conflict, and lower costs, but only when both spouses can reach agreements that satisfy Michigan law. Before you file, it's important to understand your rights, your responsibilities, and whether this approach is the right fit for your circumstances. At Kevin R. Lynch P.L.C., we work with individuals and families facing all types of divorce and family law matters. We can explain your legal options, prepare the necessary documents, and help you avoid issues that could delay your case.
Contact our office today to schedule a consultation.
© 2026 Law Offices of Kevin R. Lynch P.L.C.
| View Our Disclaimer | Privacy Policy
Law Firm Website Design by The Modern Firm