Divorce in Court: What to Expect

Traditional Michigan divorce follows a “one size fits all” approach to resolve every sort of conflict. Divorces are resolved the same way as criminal cases and personal injury cases — which are competitive contests designed to find fault or guilt. These contests have certain rules that judges have to follow, which impose time constraints and require decisions to be made through multiple contentious, formal and expensive hearings. Since only the lawyers know the rules, they control the process and their clients are discouraged from direct communication with their spouses.

The end result is that divorce in court is often more expensive, is more stressful, and leads to people losing control over their divorce. This is the perfect breeding ground for intensifying conflict.

Judges and attorneys alike will candidly admit that the best results are the ones they have the least involvement in. Consequently, litigation is best viewed as a last resort to get a divorce.

This is where more positive out-of-court solutions to divorce — like mediation and collaborative divorce — come in. But what if divorce in court is unavoidable — usually because your husband or wife won't agree to mediation or other out-of-court solutions? You can still take an approach to your divorce case that will help you avoid the pitfalls of divorce in court, including avoiding unnecessary financial and emotional costs to you and your children. Read about how we can help with divorce in court.