what does a divorce attorney cost in michigan

by Margaret Skiles I 10 min read

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. Along with the various emotional, financial, and legal consequences of ending a marriage, there’s also the expense of the divorce process itself.

Divorces can get very expensive. Most attorneys charge by the hour, and the average divorce lawyer in Michigan charges $250 an hour. The average contested divorce in Michigan costs a person about $13,000 in legal fees for the entire process.

Full Answer

What is the average cost of a divorce in Michigan?

Aug 18, 2020 · 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. Along with the various emotional, financial, and legal consequences of ending a marriage, there’s also the expense of the divorce process itself.

How difficult is it to get a divorce 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. The attorney will deduct from that account every time they work on your case.

How much does a typical divorce cost?

May 09, 2021 · A divorce attorney’s fee will depend on their hourly rate, the type of retainer they charge and any flat fees that are charged. Fees also change from firm to firm and city by city. Hourly rates typically range from $200-$350 per hour but can vary depending on location.

How much are the court fees for divorce?

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. How much does a divorce lawyer cost in DC? Divorce Filing Fees and Typical Attorney Fees by State

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What is the average cost of a divorce attorney 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.Aug 18, 2020

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.May 3, 2019

Who pays for a divorce in Michigan?

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. The filing fees are payable to the circuit court in the county that the divorce papers are filed. A fee waiver is possible if the parties are low-income.May 8, 2021

How much is a divorce if both parties agree?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

How long does divorce take in Michigan?

Typically, 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 pay alimony in Michigan?

How long you would pay this spousal support is debatable under Michigan alimony laws, but a rule of thumb is one third of the marriage, so in this case about 8 years. This can vary and is based on other factors, but this will give you a general idea of how spousal support works in Michigan.Jun 23, 2016

Is Michigan a 50 50 state in a divorce?

Michigan is an equitable distribution state. This means courts will attempt to divide property and assets in a divorce in a fair and equal way but it doesn't mean that the assets will always be divided on a 50/50 basis. In a divorce, there are marital assets and separate property.Jan 29, 2021

Is dating during separation adultery in Michigan?

Michigan is a no-fault divorce state, which means that neither divorcing partner needs to prove that the other is “at-fault” for causing the divorce. Nevertheless, if you dated someone else or cheated on your spouse during your marriage, or if you date during the divorce, fault may matter.Jun 15, 2020

How does a wife get alimony?

The alimony can be provided as a periodical or monthly payment, or as a one-time payment in the form of a lump-sum amount. If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife.Jan 27, 2020

Is it better to divorce or separate?

Separation can allow you to tackle various aspects of the divorce process, such as establishing a child custody arrangement and dividing marital property, more calmly. Without court fees and timelines hovering over their heads, spouses may find navigating these legal disputes significantly easier during separation.Sep 14, 2020

How long does a divorce take from start to finish?

On average, it takes 12 months to complete a divorce, from filing the divorce petition to finalizing the judgment. If the case goes to trial, the average time is about 18 months. The average cost of divorce in 2019 was $12,900, which includes $11,300 in attorney's fees and about $1,600 in other expenses.Oct 19, 2021

How is Annulment different from divorce?

If marriage is essentially a contract, the difference between an annulment and a divorce is the difference between declaring the contract null—because, say, it was signed under conditions of duress or fraud—and terminating it. In the case of marriage, declaring the contract null is a far more difficult proposition.Jun 25, 2015

What are Michigan’s divorce laws?

To get divorced in the state of Michigan, either you or your spouse must have lived in Michigan for at least six months prior to filing. You must a...

Is Michigan a no-fault divorce state?

Michigan is a no-fault divorce state. A divorce will be granted regardless of the fault of either party. However, fault can come into play when div...

How do I prove fault for divorce in Michigan?

Michigan does not require fault to be proven for a divorce to be finalized. Because fault is relevant for property division and spousal support, it...

Can I get an annulment instead of a divorce in Michigan?

Yes, but only under limited circumstances. An annulment is a declaration that a marriage never took place. In Michigan, an annulment can be granted...

Is there legal separation in Michigan?

No, Michigan does not offer legal separation as an alternative to traditional divorce, but they do allow for couples to choose an option called sep...

How long do you have to be separated to get a divorce?

Michigan has no requirements in place for how long a couple must be separated or living apart before they can divorce, as other states do.

How much does a divorce cost in Michigan?

The cost of a divorce in Michigan will vary greatly depending on the county you are in, how contested your divorce is, and the attorneys involved....

Do I really need to hire an attorney for a divorce in Michigan?

Yes. It’s that simple. Divorce laws and courtroom procedures are complicated. Knowing your rights and getting it done right the first time is price...

What typically happens if I go to a Michigan court to obtain my divorce myself?

Every person filing for divorce should have an attorney, or seek the advice of an attorney before entering into any agreements that affect their su...

What is shared custody agreement?

June 3 2016. 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... Read More...

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...

What is joint custody?

Joint custody is designed to give kids the best of both worlds by making sure they have time with both parents. However, parents know that working together after a divorce can be a bit challenging. While you cannot plan for everything that lies in...

Is child support a divorce?

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...

What is the first step to figuring out what the best custody arrangement is for the children?

The first step to figuring out what the best custody arrangement is for the children is to understand what the different options are. These are the most common...

What is spousal support in Michigan?

Spousal support, more commonly known as alimony, is awarded when there is a large difference in income between you and your spouse. Like property, even though Michigan is a no-fault divorce state, a party determined to be at fault can be ordered to pay more alimony.

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.

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.

What is contested divorce in Michigan?

A contested Michigan divorce is a divorce with disputes that have to be resolved by the Court. It can take longer than a non-contested divorce and cost more in legal fees if both spouses cannot agree on all of the disputed issues. A contested divorce can involve disputes involving many different areas.

Is it important to disclose all your property in a divorce in Michigan?

It is important to disclose all your property is a Michigan divorce. The Michigan Supreme Court has rule d that when a party has hidden or failed to disclose assets, the judge can award all of the property to the other side. Whenever the Michigan Supreme Court makes a decision , the lower courts are obligated to follow their decision .

What is legal separation in Michigan?

A legal separation in Michigan is a court order that divides property and sets custody, visitation rights, and spousal support. It does not terminate the marriage, so both spouses remain legally married to one another until they enter into an agreement or reach a decision after finalizing their legal separation in Michigan court.

Do you have to prove fault in a divorce in Michigan?

In Michigan, the parties in divorce do not need to allege or prove fault. As a no-fault divorce state, the parties have to allege a breakdown of the marriage relationship, and there remains no reasonable likelihood that the marriage relationship can be preserved.

Preparing For A Divorce

Preparing for a divorce is one of the most stressful processes one will go through. It is easy to second guess oneself after the divorce is finalized if you don’t get what you consider to be a fair deal. Therefore, it is important to find an attorney you are comfortable with to represent you in these matters.

Retainer Agreements

Many people often ask whether they can hire an attorney on a contingency fee arrangement. In other words, the attorney’s fee is only paid if the client recovers money or a benefit. Most lawyers will charge either a flat fee or they charge hourly (retainer and at an hourly rate per hour.).

What Factors Will Dictate Cost?

It can be difficult to anticipate the cost of a divorce because of all the factors which are beyond the control of a lawyer. Some important factors which will dictate cost are:

How well do you get along with your spouse?

This makes sense. If the parties already have an idea of how to divide assets, custody and support, there really isn’t a whole lot left to argue over. The less there is to argue over, the less billable hours an attorney is going to rack up.

How long was the marriage?

Length of marriage typically dictates the number of issues involved in a case. More marital assets need to be divided, children are usually involved, and spousal support (duration and amount) becomes a bigger issue.

How much does divorce cost in Michigan?

How Much Does A Divorce Cost In Michigan. In most counties in Michigan, the filing fee for a petition requesting a divorce is $150. An extra $80 fee will probably be charged if any children are involved. The simplest, least expensive kinds of divorces are those in which the other spouse waives their right to contest the separation ...

What is the least expensive divorce?

The simplest, least expensive kinds of divorces are those in which the other spouse waives their right to contest the separation and both parties can submit a written agreement regarding issues such as: • Discharging debts . • Shared health insurance. Child custody arrangements. Visitation rights.

Can a couple separate without a divorce?

In some cases, a couple may wish to separate without technically divorcing on religious grounds or to continue sharing health insurance. A legally binding “legal separation” agreement can be arranged by a lawyer resolving all the issues handled in a divorce. This procedure is generally less expensive than a divorce.

How to file for divorce in Michigan?

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: 1 Both spouses must have lived and been together in Michigan for at least 6 months 2 The filing must take place in the local county circuit court where both spouses reside 3 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 are the grounds for divorce in Michigan?

Grounds For Divorce – These are the requirements to which someone can be granted a divorce. In Michigan, these requirements are detailed in MCL 552.6 (1) which states that there has been a breakdown of the marriage with no reasonable likelihood it can be preserved.

Is Michigan a no fault divorce state?

Michigan is a no-fault divorce state, which means there does not need to be proof of infidelity or wrongdoing to initiate a divorce. All that is required to initiate divorce proceedings is for one spouse to testify that there has been an irreconcilable breakdown in the marriage and that there is no reasonable likelihood ...

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. ...

Can you divorce without child custody?

It’s fairly uncommon to discuss the topic of divorce without also discussing child custody. This is an ever developing legal issue especially for unmarried couples and same-sex marriages. All in all, issues involving child custody can be highly emotional and are often the cause for disputes and legal battles between couples. These issues can lead to what’s known as a “nasty divorce.” This section gives an overview of Michigan child custody laws.

What is the best interest of the child in Michigan?

This section gives an overview of Michigan child custody laws. 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 is contested divorce?

Contested Divorce – When there’s a legal disagreement between spouses regarding a divorce such as one party refusing to cooperate with the proceeding or objecting to a specific aspect, both parties may have to argue their case before a judge. In this case, the divorce becomes “contested.”.

How long do you have to live in Michigan to get divorced?

To get divorced in the state of Michigan, either you or your spouse must have lived in Michigan for at least six months prior to filing. You must also have lived in the county where you or your spouse file for at least 10 days prior to filing.

Is there a formula for spousal support in Michigan?

Maintenance, called spousal support or alimony in Michigan, is at the discretion of the judge. There is no precise rule or formula for awarding spousal support. Judges in Michigan look at what are called the Parrish factors to determine if spousal support should be awarded.

How long does it take to get divorced in Michigan?

The length of your divorce will depend greatly on how contested the issues in your divorce are. Every divorce in Michigan has a 60-day waiting period , and a divorce with minor children has a 6-month waiting period.

Does it matter who files for divorce 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.

Can you annul a marriage in Michigan?

In Michigan, an annulment can be granted for marriages that are void from the beginning, such as in the case of bigamy, a marriage between closely related relatives, or a marriage to a person who is unable to enter a contract of marriage.

How long do you have to serve a summons?

If you cannot serve your spouse, you can ask for a continuance of the summons, up to one year. You can also ask the judge for permission to use an alternate form of service by filing a motion before the summons expires.

Can a child's last name be changed?

No. In order to change a child’s last name a court must enter an order allowing the change to occur. A parent petitioning for a child’s name change must notify the other parent and any interested parties, and allow them an opportunity to object to the name change at a hearing.

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