how much can a non attorney charge for a divorce in mi

• $4,100 with no contested issues,
• $10,400 in cases where a dispute was resolved outside of court, and
• $17,700 when a dispute had to be resolved in trial.

Full Answer

How much does a divorce lawyer cost in Michigan?

Average total costs for Michigan divorce lawyers are $9,500 to $11,300 but typically are significantly lower in cases with no contested issues. Divorce is almost never a pleasant experience.

How much does an uncontested divorce lawyer cost?

Generally speaking, the standard rates for an uncontested divorce lawyer cost anywhere from $100 to $500 per hour, not including court filing and/or retainer fees.

How to file for an uncontested divorce in Michigan?

Steps to an Uncontested Divorce in Michigan. 1 Meet Residency Requirements. Before you can file for divorce in Michigan, you or your spouse must have lived in the state for at least 180 days. Also, ... 2 Gather Information. 3 Complete the Initial Paperwork. 4 File Your Paperwork with the Court. 5 Pay Your Filing Fees. More items

What are the legal requirements for a divorce in Michigan?

These issues may include child support, parenting time, spousal support (alimony), property division, etc. In Michigan there is no proof of wrongdoing required to initiate divorce proceedings. However, in order to begin filing for divorce, there are three legal requirements that must be fulfilled:

Can you get divorced without a lawyer in Michigan?

It is possible to get a divorce in Michigan without using a lawyer as long as you meet all requirements for an uncontested divorce. You and your spouse must agree on all parts of the settlement, including asset division, alimony, child custody and support and all other related matters.

Who pays attorney fees in divorce in Michigan?

The Michigan Compiled Laws Section 552.13(1) statute requires you to pay your spouse's attorney fees.

What is the average cost of a divorce lawyer in Michigan?

On average, Michigan divorce lawyers charge between $225 and $270 per hour. Average total costs for Michigan divorce lawyers are $9,500 to $11,300 but typically are significantly lower in cases with no contested issues.

Can you get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.

How is spousal support determined in Michigan?

There is no formula for calculating spousal support in Michigan. Spousal support is decided entirely by the court after evaluating 12 factors. These include each spouse's age, health, needs, and earning capacity; each party's conduct and contributions during the marriage; how the marital property was divided; and more.

What is the average retainer fee for a divorce lawyer in Michigan?

Most divorce attorneys will charge between $100 and $500 per hour. Often, lawyers will ask for a retainer, otherwise known as an up-front fee. The retainer is an advance payment for their hourly rates, and they can range from as little as $1,000 to as high as $10,000.

How long does an uncontested divorce take in Michigan?

At a minimum, it will take at least three months for an uncontested divorce in Michigan. This assumes one spouse files paperwork and has paperwork served, which starts the 20-day response period, and there are no children in the marriage, triggering a two-month waiting period.

Is it better to file for divorce first in Michigan?

Does it matter who files for divorce first in Michigan? No, from a legal perspective, it does not matter who files first for divorce in Michigan. However, filing first does present an opportunity for the initiating party to request various orders to the court before your spouse is notified of the divorce proceedings.

How long does it take for divorce in Michigan?

60 days to nine monthsTypically, most divorces in Michigan take 60 days to nine months, without children. On the other hand, when children are involved it typically takes between six months and a year to reach a settlement.

How long do you have to be separated before divorce is automatic?

There's no legal time limit on when you can start divorce proceedings, as long as you've been married for one year. You can begin divorce proceedings as soon as you separate.

Can my husband divorce me without me knowing?

Are you ready to get divorced but don't know the whereabouts of your spouse? Never fear! It is possible to apply for a divorce without knowing the location of your spouse. Once you have filed an Application for Divorce in Court you are required to serve a copy of the sealed Divorce Application on your spouse.

Can I divorce my husband without his consent?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.

How long do you have to be married to get half of everything in Michigan?

After 10 or more years of marriage, an ex-spouse may collect benefits equal to half the benefits being paid to the other spouse, but this does not limit a court or parties from using one spouse's social security payments to provide additional child or spousal support as part of a divorce in Michigan to the other spouse ...

Can the family court award costs?

An award of costs in family proceedings may be justified if it is demonstrated that the conduct of the party (before as well as during the proceedings and/or in the manner in which a case has been pursued or defended) has been “reprehensible or unreasonable”.

Can I serve my spouse divorce papers in Michigan?

You can ask a friend or relative to serve the papers, or you can pay your local sheriff's department, police department, or a process server. Whoever serves the papers must be at least 18 years old and cannot be a party in your case.

How long does a divorce take in Michigan?

Average Timeline. The average timeline for most divorces in Michigan is about 60 days or two months. However, that estimation is dependent on a variety of factors. A more feasible estimate is between two and nine months.

How much does it cost to file a divorce in Michigan?

The filing fee for a Michigan divorce petition is $175.00 if you do not have minor children. The filing fee for a divorce with minor children is $255.00. A divorce attorney or party filing the complaint will pay the fee at the time of filing.

Why is an uncontested divorce preferable in Michigan?

For many couples, an uncontested Michigan divorce is preferable because they can avoid all of the expensive legal fees with litigated divorces.

Why are uncontested divorces so expensive?

For example, uncontested divorces typically cost less than contested ones because they don’t require as much time or legal work on behalf of your divorce attorney. Attorney fees are the largest expense in a divorce filing.

How long do you have to live in Michigan to file a divorce case?

The Petitioner must be a resident of the State of Michigan and have resided within the State for at least six (06) months immediately preceding filing; OR, if you do not live in Michigan, but your spouse does, you can file your case here.

What is the less expensive option for divorce lawyers?

A less expensive option for attorneys is to have a set retainer fee or flat fee which they collect at the beginning of your representation. You will want to talk to a divorce lawyer to understand how they bill for a divorce case.

Where is the filing fee paid in Michigan?

The filing fee is one of the standard court costs of any divorce. The filing fee is payable to the circuit court where the divorce is filed. It is paid at the opening of the case.

Is Michigan a no fault divorce state?

These can increase the cost of the divorce. Even though Michigan is a no-fault divorce state, fault can affect the ultimate division of property. A party determined to be at fault can be awarded less marital property.

How Long Does an Uncontested Divorce Take in Michigan?

At a minimum, it will take at least three months for an uncontested divorce in Michigan. This assumes one spouse files paperwork and has paperwork served, which starts the 20-day response period, and there are no children in the marriage, triggering a two-month waiting period.

How much does it cost to get divorced in Oakland County?

Exact costs may vary by county. For example, to file for a divorce in Oakland County or Wayne County, the fee for a divorce with no minor children is $175. With minor children, the fee is $255. Check with the court where you’re going to file if you want an exact cost.

What is an uncontested divorce?

An uncontested divorce means that you and your spouse agree on all the issues of a divorce. This includes potentially contentious things like child custody and visitation, child support, alimony, a division of assets and debts, tax issues, and any other issue involving your marriage.

How long do you have to live in Michigan to file for divorce?

Before you can file for divorce in Michigan, you or your spouse must have lived in the state for at least 180 days. Also, one spouse must have lived in the county where the divorce papers are filed for at least ten days. In rare circumstances, you may be able to have the 10-day county residence requirement waived when you meet specific requirements.

How long do you have to wait to get divorced if you don't have children?

If you do have children together, there is a six-month waiting period. A judge can waive the six-month waiting period in some cases if hardship is involved.

What is the fault in a divorce?

Fault can play a role in a court determining some elements of a divorce, such as child custody, a division of assets, and alimony. However, in an uncontested divorce, you work these elements out ahead of time, so they should not be a problem going forward.

Can both spouses file divorce papers together?

Both spouses can also file paperwork together when the divorce is uncontested and a written settlement is in place.

Why are custody battles so expensive?

The most expensive divorces are the ones where the parties cannot come to an agreement on who should get custody or the conditions upon which parenting time are based because trials are required to sort these issues out . That’s not to say that trials aren’t required when it comes to dividing property, or any other issue in divorce cases, but trials involving children take more time because parties are usually not as willing to compromise and decisions on who should get custody and why are more complex than placing a value on a piece of property.

Is it important to find an attorney for divorce?

Therefore, it is important to find an attorney you are comfortable with to represent you in these matters. Obviously, cost is an important factor when selecting an attorney. So, what does a “good attorney” cost? Unfortunately I have to give the same answer I do to many other questions often posed to lawyers: It depends.

What is the testifying requirement for divorce in Michigan?

One or both spouses must testify that there has been a “breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved” per Michigan Divorce Statute 552.6

What do you need to know about divorce in Michigan?

Everything You Need To Know About Michigan Divorces. There are few experiences more stressful, emotional and challenging than a divorce. This is especially true when a divorce involves legal issues such custodial disputes, significant assets and possibly even domestic abuse/violence. Because of the gravity of these issues and ...

How Do Divorce Proceedings Work?

This time-frame may be extended to 28 days when the divorce in Michigan is filed out of state or via mail. The defendant may choose to admit or deny each section in the complaint.

What is a prenuptial agreement in Michigan?

Prenuptial Agreement – This is a written agreement between two parties prior to marriage designed to protect assets in case the marriage is terminated. Antenuptial Agreement – This is the same as a prenuptial agreement but is specific to the State of Michigan. In other words, prenuptial agreements in Michigan are known as antenuptial agreements. ...

How long do you have to be married to get divorce in Michigan?

However, in order to begin filing for divorce, there are three legal requirements that must be fulfilled: Both spouses must have lived and been together in Michigan for at least 6 months.

What is domestic relations in Michigan?

The Michigan domestic relations discovery process can be used to obtain information relevant to spousal support, including incomes, work history, value of closely held businesses and education background.

What is the best interest of the child in Michigan?

In Michigan, the standard of child custody is known as “best interest of the child.” In other words, one parent cannot receive biological preference as the sole determining factor of custody. You can read more about this standard here.

What Should I Look For In A Divorce Lawyer?

If you're looking for a divorce lawyer, it's important that you do your research and choose carefully. Your lawyer will represent you during the process of dissolving your marriage, dividing your property and resolving custody matters. It is...

What Can You Do If Your Ex-Wife Refuses to Pay Alimony?

So the court awarded you alimony and you think that it should be a smooth process moving forward. In comes the time when you are expecting to receive payment and you quickly learn that your ex-wife is refusing to pay...so now what? There are a...

How is Child Custody Determined in Michigan?

While the laws may differ in fine detail in various states, there is one overriding principle that is followed in all cases. The principle that is followed is simple – do whatever is in the best interests of the child (or children). A child...

What Can I Do to Assure Shared Custody and Prevent Myself from Being in Trouble with Friend of the Court?

With a shared custody agreement, each parent has about equal custody of the child . With shared custody, both parents have legal and physical custody of the child as a single unit, where they collaborate...

Is it Possible for Both Spouses to Opt Out of Child Support?

Going through a child support case, whether it's from a divorce or not, can be extremely tough. It takes a lot out of both parties involved and can end up being a lengthy court case with several ups and downs. But what happens when both spouses...

Is divorce a reality?

Unfortunately, divorce is just as much a reality of society as marriage is. While divorce is never easy, some divorces can be more difficult than others. Many times, it might be necessary to hire a divorce lawyer if the couple is having trouble...

Is it hard to divorce your child?

A divorce or separation can be hard not only for you but can be especially hard on your children. It is important that during and after a divorce or separation your child feels as safe and comfortable as possible to help them emotionally transition...

How much does a divorce cost in Michigan?

In Michigan, the average cost for a non-contested divorce can range from $1,200 to $1,500 with court filing fees and other legal documents. If your divorce is contested the costs can dramatically increase with a base price starting at $5,000. Other complications that may increase the cost of your divorce include the division ...

How much Does it Cost to Get a Divorce in Michigan?

In Michigan, the average cost for a non-contested divorce can range from $1,200 to $1,500 with court filing fees and other legal documents. If your divorce is contested the costs can dramatically increase with a base price starting at $5,000. Other complications that may increase the cost of your divorce include the division of a business or other property along with disagreements over custody and spousal and/or child support. All of these complications will require your attorney to spend more time on your case increasing your overall costs. In addition, there may be additional filing fees that will need to be paid to the court system.

What is a “no-fault” divorce under Michigan law?

Michigan is a No-Fault state which means it is possible for a spouse to get a divorce without proving fault of the other party for the marriage’s breakup. Someone seeking a No-Fault divorce can allege there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. What this means in terms of your case is that you will be able to proceed with a divorce without any allegations of abuse, mental cruelty, adultery, drug/alcohol abuse or abandonment existing in the relationship.

Does Michigan allow legal separation?

In our state, legal separations are known as separate maintenance. These occur when a couple legally divides assets, custody and parenting time, however, the couple decides to stay legally married for some reason .

How is property divided between spouses in a Michigan divorce?

The types of property divided within a divorce include real property such as cash assets, houses, and vehicles. Considerations will also be made regarding additional pieces of property such as a vacation home, cabin or timeshare. Other assets that will be considered for division include items such as the following items:

Do I have to go to court?

Sometimes people worry about having to go to court after filing for divorce. If your divorce is uncontested the process may move fairly smoothly without having to go to court. Often times these couples can have a written agreement reached between their attorneys. However, in many cases, there are some areas a couple may not be able to agree on regarding the divorce. In these instances, a divorce is considered contested and further legal action will need to take place before an agreement is reached.

What happens if we get back together after filing for divorce — did I just waste all of my money?

If you and your spouse decide to get together the divorce can be stopped. However, you are not able to receive a refund for any costs associated with court filings or with legal representation prior to that decision. Depending on where the divorce is within the court proceedings there may still be some costs associated with the withdrawal of the case. However, the costs you will be required to pay should be relatively minimal compared to if you went through with the divorce.

How to find a low cost divorce lawyer?

You can find a less expensive divorce attorney by performing a quick online search using the phrase, “low cost divorce lawyer near me,” and reading the reviews of former clients of any attorneys that come up in the search results.

How much does a divorce lawyer cost in 2021?

As of 2021, the average cost of divorce lawyer is approximately $250 ...

Why do people retain lawyers for divorce?

This is because part of a divorce lawyer’s job is to convey what their client wants to the other party in a calm and professional manner.

What happens if a divorce lawyer charges less by the hour?

In general, the less time that a lawyer who bills by the hour spends on a case, the lower their final bill will likely be. In contrast, a divorce lawyer who charges less by the hour, but who also has less experience can end up needing additional time to research issues that a more qualified attorney already knows.

How can a divorce lawyer determine when there may be less expensive solutions for the parties to pursue in obtaining a?

Divorce lawyers can also determine when there may be less expensive solutions for the parties to pursue in obtaining a divorce by simply reviewing the facts of a case.

What is the complexity of a divorce?

The complexity of the legal issues involved in a divorce case; Whether the divorce decree will include arrangements for child custody, child visitation rights, and/or child support; The amount of items that still need to be negotiated before the final divorce proceeding;

What can a lawyer do for you?

Your lawyer will be able to assist you with more complicated matters, such as negotiating child custody, child visitation rights, and child support. Your lawyer can also help to ensure certain protections are complied with regarding your assets and property, depending on the marital property laws in your state.