Divorce reshapes everything—your finances, your family structure, your daily life. The decisions made during this process follow you for years, sometimes decades. At Boroja, Bernier & Associates, we don’t just file paperwork and hope for the best. We explain every step, prepare for every scenario, and treat you as a partner in navigating one of life’s most consequential transitions. Whether your divorce is straightforward or fiercely contested, you deserve counsel who shows up prepared, communicates clearly, and delivers results that actually hold up. Because you deserve better than being kept in the dark about your own future.
Serving Macomb County, Oakland County, Wayne County, Southeast Michigan, Central Michigan & Mid-Michigan.
Meet Joel Bernier, Family Law Partner
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Nobody Teaches You How to Get Divorced—Until You Need To
Filing for divorce isn’t something you planned for. There’s no training, no preparation, no previous experience to draw on. You’re navigating a legal system designed by lawyers for lawyers, making decisions that will affect your finances, your living situation, your relationships, and—if you have children—your family’s structure for years to come.
And here’s the uncomfortable truth most attorneys won’t tell you: the quality of your divorce depends heavily on the quality of your representation.
Not because divorce is inherently complicated—though it can be. But because the difference between a thoughtful, strategic approach and a “file the papers and see what happens” approach shows up in settlement outcomes, timeline, costs, and whether you end up back in court two years later fighting about something that should have been resolved the first time.
Michigan divorce law under MCL 552.6 provides the framework. But frameworks don’t protect your interests. Preparation does. Strategy does. Having counsel who actually understands what you’re trying to achieve—and who treats you as a partner in getting there—does.
At Boroja, Bernier & Associates, we’ve guided hundreds of clients through Michigan divorces, from straightforward uncontested dissolutions to complex contested matters involving significant assets, business interests, and custody disputes. We’ve seen what works, what fails, and what separates clients who move forward with clarity from those who spend years in legal limbo.
“Many Michigan residents assume divorce is a standardized process—that one attorney is the same as another and outcomes are predetermined by law. That’s not how it works. Under Michigan’s equitable distribution framework, courts have significant discretion. How you present your case, what evidence you gather, and how you negotiate directly shapes what you walk away with. The attorney you choose isn’t a formality. It’s one of the most consequential decisions you’ll make.”
Michigan Divorce Basics: Grounds, Residency, and What the Law Actually Requires
Michigan is a no-fault divorce state. Under MCL 552.6, the only grounds required for divorce is 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.”
Translation: you don’t need to prove anyone cheated, abused, or abandoned. You don’t need to assign blame. You need to demonstrate that the marriage is broken and can’t be fixed.
This might sound simple. In practice, it means Michigan courts focus less on why the marriage ended and more on how to fairly divide what was built during it.
Residency Requirements
Before filing, you must meet Michigan’s residency requirements:
- At least one spouse must have lived in Michigan for 180 days (about six months)
- At least one spouse must have lived in the county where you’re filing for at least 10 days
These requirements aren’t negotiable. If you moved to Michigan six weeks ago, you’re not filing here yet—regardless of how ready you are.
Where to File
You’ll file in the circuit court of the county where either spouse resides. For most of our clients, that means filing in Macomb County Circuit Court, Oakland County Circuit Court, or Wayne County Circuit Court. Each court has its own local procedures, standard timelines, and judge-specific tendencies that experienced counsel understands.
The Waiting Period: Michigan’s Built-In Pause
Michigan law imposes mandatory waiting periods before a divorce can be finalized:
- 60 days for divorces without minor children
- 180 days for divorces with minor children (though courts can reduce this to 60 days for “unusual hardship” under MCL 552.9f)
These waiting periods start from the date of filing, not the date you decide to divorce. No exceptions for mutual agreement, no shortcuts for wanting to move on faster. The legislature built in time for reconsideration—whether you want it or not.
Contested vs. Uncontested: Two Very Different Paths to the Same Destination
The word “divorce” describes the legal end of a marriage. It doesn’t describe how you get there—and that “how” determines almost everything about timeline, cost, and stress level.
Uncontested Divorce: When You Agree on Everything
An uncontested divorce means both spouses agree on all material issues:
- Division of property and assets
- Division of debts
- Spousal support (or agreement that none is warranted)
- Child custody and parenting time (if applicable)
- Child support (if applicable)
“Agree” doesn’t mean “are roughly on the same page.” It means documented, signed agreement on specific terms. When both parties can reach that point—sometimes with attorney assistance, sometimes through mediation—the divorce can proceed relatively quickly and affordably.
After the mandatory waiting period, an uncontested divorce typically involves:
- Filing the complaint and required documents
- The other spouse accepting service (or waiving formal service)
- Finalizing the settlement agreement
- A brief hearing (sometimes waived entirely)
- Entry of the Judgment of Divorce
Timeline: Often 2–4 months for no-child divorces, longer for divorces with children due to the 180-day waiting period.
Contested Divorce: When Agreement Isn’t Possible
A contested divorce means you disagree on one or more significant issues—and you’ll need the court to decide what you can’t resolve yourselves.
Contested doesn’t necessarily mean hostile, though it can be. It means the process includes:
- Discovery: Formal exchange of financial documents, interrogatories, depositions
- Motions: Requests for temporary orders (custody, support, exclusive use of home)
- Mediation: Michigan courts typically require mediation before trial
- Trial: If mediation fails, a judge decides contested issues
Timeline: Six months to two years or more, depending on complexity and court scheduling.
The cost difference is substantial. Uncontested divorces without children might run $4,000–$6,000 in attorney fees. Flat-fee uncontested divorces typically fall in the $5,000–$7,000 range. Contested divorces with custody disputes and significant assets can easily exceed $15,000–$30,000—sometimes significantly more.
The Gray Area: High-Conflict Emotions, Low-Conflict Issues
Here’s what most people don’t understand: emotional intensity doesn’t determine whether a divorce is contested. Plenty of divorces involve hurt, anger, and betrayal but still resolve through negotiated agreement because the actual legal issues—who gets what, how custody works—are straightforward.
Conversely, some of the most emotionally civil divorces become legally contested because the spouses genuinely disagree about what’s fair, what’s equitable, or what serves the children’s best interests.
We don’t assume your divorce will be contested just because emotions run high. We also don’t assume agreement is possible just because you’re both being reasonable. We assess your actual situation, identify where agreement exists and where it doesn’t, and build strategy accordingly.
The Michigan Divorce Timeline: What Happens and When
Understanding the sequence helps you prepare mentally, logistically, and financially. Here’s what a typical Michigan divorce looks like from filing to final judgment:
Step 1: Filing the Complaint for Divorce
One spouse (the plaintiff) files a Complaint for Divorce with the circuit court, along with required forms including the summons. Filing fees vary by county—typically $175–$250.
The complaint identifies basic information: marriage date, grounds for divorce (the no-fault language), whether children are involved, and general requests for relief (property division, custody, support).
Step 2: Service of Process
The non-filing spouse (defendant) must receive formal notice—called service of process. Options include:
- Personal service by process server or sheriff
- Acceptance of service (defendant signs acknowledgment)
- Service by mail (if defendant agrees)
Michigan requires proof that the defendant received the documents. This isn’t optional.
Step 3: Response and Counterclaim
The defendant has 21 days (28 if served by mail) to respond. Many defendants file a counterclaim—essentially their own set of requests. This doesn’t mean the divorce is contested; it’s standard procedure to protect both parties’ rights.
Step 4: Temporary Orders (If Needed)
When immediate decisions can’t wait—who stays in the house, temporary custody arrangements, temporary support—either party can request a temporary order. The court holds a hearing (often within weeks) and issues orders that govern until final resolution.
Step 5: Discovery (In Contested Cases)
Both sides exchange financial information: tax returns, bank statements, retirement account statements, real estate documents, business valuations. This can be informal (voluntary exchange) or formal (interrogatories, subpoenas, depositions).
Discovery serves a critical purpose: neither party should be surprised by the other’s financial picture when negotiating settlement or going to trial. Hidden assets and undisclosed debts get uncovered here—or create serious problems later.
Step 6: Negotiation and Mediation
Most Michigan divorces settle before trial. The question is when and how.
Direct negotiation between attorneys often resolves straightforward issues. More complex matters—especially custody disputes—typically require mediation, where a neutral third party facilitates discussion and compromise.
Michigan courts generally require mediation for contested custody cases before trial. Even when not required, mediation often breaks impasses more efficiently than continued litigation.
Step 7: Settlement Agreement or Trial
If you reach agreement, the terms get documented in a settlement agreement (sometimes called a property settlement agreement) that becomes part of your final judgment.
If you don’t, the remaining contested issues go to trial. A judge—not a jury—decides property division, custody, support, and any other unresolved matters. Trial outcomes are binding, though appeal is theoretically possible in limited circumstances.
Step 8: Judgment of Divorce
Once everything is resolved—by agreement or court decision—the judge signs the Judgment of Divorce. This is the document that officially ends your marriage and memorializes all terms.
In uncontested cases, you may not even appear in court. Contested cases require a final hearing to enter judgment.
What Divorce Actually Costs in Michigan—And Why Price Matters Less Than Value
Let’s talk money. Because one of the most frustrating aspects of hiring a divorce attorney is the widespread reluctance to discuss actual costs.
Attorney Fees: The Reality
Michigan divorce attorneys typically charge one of two ways:
- Hourly billing: $300–$500+ per hour depending on experience and location
- Flat fees: Common for truly uncontested divorces where everything is already agreed upon, typically $5,000–$7,000
Most contested divorces involve hourly billing because the scope is unpredictable. You’re paying for every email, every phone call, every motion, every hour of trial prep and trial time.
At Boroja, Bernier & Associates, we’re transparent about fees from day one. We provide estimates based on case complexity, explain what drives costs up or down, and maintain open communication about where your matter stands financially.
Total Cost Ranges (Attorney Fees + Court Costs)
- Uncontested, no children: $4,000–$6,000
- Uncontested with children: $5,000–$9,000
- Contested, moderate complexity: $10,000–$20,000
- Contested with custody disputes: $15,000–$30,000+
- High-asset or business valuation cases: $25,000–$75,000+
These ranges are real. They reflect actual fees paid by actual Michigan divorce clients. Anyone telling you “it depends” without providing numbers isn’t being helpful—they’re being evasive.
Why Cheap Often Costs More
Here’s what we’ve learned from clients who came to us after starting with bargain-rate attorneys: cutting corners in divorce creates problems that persist for years.
A poorly drafted settlement agreement that doesn’t address retirement account division properly? You’ll be back in court later. A custody arrangement that didn’t anticipate relocation issues? More litigation. Failure to discover hidden assets during the original process? You might never recover what was yours.
The attorney who costs less upfront but doesn’t do the work to protect your interests costs more in the long run—measured in reopened cases, modified orders, and opportunities missed.
Effort is expected—results are required.
What Happens to the Kids: Custody, Parenting Time, and Child Support in Divorce
When children are involved, divorce stops being just about ending a marriage. It becomes about building a workable structure for your family’s next chapter—one that courts will enforce and children can thrive within.
Custody Decisions: How Michigan Courts Decide
Michigan courts evaluate custody using twelve “best interest of the child” factors under MCL 722.23. These include the emotional ties between parent and child, each parent’s capacity to provide love and guidance, the stability of each home environment, and—critically—each parent’s willingness to facilitate a healthy relationship with the other parent.
No single factor controls the outcome. Courts weigh all twelve based on your specific circumstances. But certain factors carry more practical weight than others, and understanding how judges in Macomb, Oakland, and Wayne County courts typically apply them is where experienced local counsel makes a real difference.
We cover custody in comprehensive detail on our Child Custody page →, including the distinction between legal and physical custody, how to present your case effectively, and what courts actually look for in contested hearings.
Parenting Time: Building Schedules That Work
Even when custody is decided, the parenting time schedule determines the day-to-day reality. How many overnights, which holidays, how summer breaks are divided, what happens when one parent wants to relocate—these details matter enormously.
Michigan’s 100-mile relocation rule (MCL 722.31) adds particular complexity. A parent who wants to move more than 100 miles from the child’s current residence needs court approval—which is harder to obtain than most people expect.
Our Parenting Time page → provides a detailed breakdown of how schedules are structured, how they’re modified, and what the relocation rule means in practice.
Child Support: The Formula and What Drives It
Michigan uses the Michigan Child Support Formula—a complex calculation incorporating both parents’ incomes, number of overnights with each parent, childcare costs, healthcare costs, and other factors. The formula guidelines were updated in 2025, reducing the ordinary medical expense threshold to $200 (from $454) and extending childcare support to age 13 (from age 12).
The formula isn’t arbitrary, but the inputs matter. How income is characterized (especially for self-employed parents), how overnights are calculated, and how expenses are documented all affect the final number. We make sure your support calculation reflects accurate information—because support orders often remain in place until children turn 18 or beyond.
Detailed coverage of how the formula works, how to request modifications, and enforcement options is available on our Child Support page.
Property Division and Spousal Support: What Michigan Law Says You’re Entitled To
The financial consequences of divorce extend far beyond who keeps the house. Michigan’s equitable distribution framework (MCL 552.19, MCL 552.23) gives courts broad discretion in dividing marital property—and “equitable” doesn’t mean “equal.” It means what a judge considers fair given your specific circumstances.
What Counts as Marital Property
Generally, assets acquired during the marriage are marital property subject to division: the house, retirement accounts, investment portfolios, vehicles, business interests, and even accumulated debts. Assets owned before the marriage, inherited separately, or received as gifts may be considered separate property—but the lines blur, especially in long marriages where separate and marital assets have been commingled.
Retirement Accounts: Where the Real Money Hides
In many Michigan divorces—especially marriages of 15+ years—retirement accounts represent the single largest asset. 401(k)s, pensions, IRAs, and defined benefit plans all require careful analysis. Dividing retirement accounts properly requires a Qualified Domestic Relations Order (QDRO), and errors in QDROs create financial problems that surface years later.
Spousal Support: No Formula, Significant Discretion
Unlike child support, Michigan has no formula for spousal support. Courts consider factors including marriage duration, each spouse’s earning capacity, age, health, and the standard of living during the marriage. The range of possible outcomes is enormous—which means how effectively your case is presented matters as much as the underlying facts.
One critical note: for divorces finalized after December 31, 2018, alimony is no longer tax-deductible for the payer and not taxable to the recipient. This changes the financial calculus significantly compared to pre-2019 divorces.
Our Property Division & Spousal Support page provide the complete breakdown including all twelve factors courts consider for spousal support, QDRO details, and strategies for protecting your financial interests.
How Boroja, Bernier & Associates Approaches Michigan Divorce Differently
We could tell you we “fight for our clients” and “protect families.” Every divorce attorney says that. Let us show you what actually distinguishes our approach.
Partnership, Not Delegation
Most law firms treat divorce clients like transactions. You sign papers, attorneys do their thing, you get updates when they feel like providing them.
That’s not how we operate.
You’ll understand the strategy behind every decision—not because you demanded it, but because understanding your own case is your right. Nothing gets filed without your review and approval. Your knowledge of your own marriage, your own finances, your own family dynamics shapes how we build your case.
This isn’t hand-holding. It’s recognition that two informed minds working together produce better outcomes than one attorney operating in isolation.
Preparation That Reflects Reality
Joel Bernier built his early career in criminal defense, where courtroom performance determines outcomes and there are no second chances. That training shapes how we prepare every family law matter—thorough research, anticipated counterarguments, strategy that accounts for what could go wrong rather than just what we hope goes right.
Excellence is contagious, mediocrity is too. You’ll see the difference in how prepared we are at every hearing, every negotiation, every settlement conference.
Collaborative Expertise When You Need It
Complex divorces often involve financial situations that typical family law attorneys aren’t equipped to fully analyze—retirement accounts, business interests, trust assets, real estate portfolios. When your case demands deeper financial expertise, founding partner Daniel Boroja (whose practice focuses on estate planning, probate, and elder law) is available to provide additional perspective.
That collaborative approach—family law counsel working alongside estate and asset expertise—isn’t standard. But for clients with significant financial complexity, it’s invaluable.
“In our experience representing clients throughout Macomb, Oakland, and Wayne Counties, the divorces that resolve most favorably aren’t the ones with the most aggressive attorneys—they’re the ones where clients understood their options, participated meaningfully in strategy, and made informed decisions. We don’t just want to finish your divorce. We want you to emerge from it positioned for the next chapter, with settlements that actually hold up and arrangements that actually work.”
Accountability You Can Rely On
You’ll always know where your case stands. Always.
We make clear, realistic commitments and we meet them. When challenges arise—and they do in family law—we surface them early and take corrective action. No surprises at the end. No excuses instead of solutions. No finding out about problems when it’s too late to fix them.
Accountability builds trust. Your family’s future depends on it. We take that seriously.
Related Family Law Services: The Complete Picture
Divorce rarely involves a single legal issue. Custody, support, property division, and future planning intertwine—and addressing them comprehensively during the divorce process prevents the problems that force families back into court.
At Boroja, Bernier & Associates, our family law practice covers every dimension of divorce and family restructuring:
Child Custody — All twelve best interest factors, legal vs. physical custody, modification, and how to present your strongest case.
Parenting Time — Building workable schedules, enforcement, the 100-mile relocation rule, and modification when circumstances change.
Child Support — Michigan’s formula explained, the 2025 updates, modification procedures, and enforcement options.
Property Division & Spousal Support — Equitable distribution, marital vs. separate property, QDROs, and alimony factors.
Prenuptial & Postnuptial Agreements — For those planning ahead or establishing clarity during marriage.
Preparing for Divorce — Financial preparation, protecting yourself during separation, and what to expect before you file.
Paternity — Establishing or contesting parentage, custody rights for unmarried parents.
Each of these areas intersects with divorce—and our attorneys handle them as an integrated whole, not as disconnected pieces. That’s what comprehensive family law representation actually looks like.
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When You’re Ready to Move Forward—Or Just Ready to Understand Your Options
You don’t have to have everything figured out before calling a divorce attorney. In fact, one of our most important functions is helping you understand your situation before you make irreversible decisions.
Consider scheduling a consultation if:
- You’ve decided to pursue divorce and want to understand the process
- You’re considering divorce and need to understand your legal position
- Your spouse has filed and you’ve been served
- You have questions about how Michigan law applies to your specific circumstances
- You want an honest assessment of timeline, costs, and likely outcomes
- You need to understand how custody, support, and property division would work in your situation
At Boroja, Bernier & Associates, initial consultations serve a real purpose. We listen to your situation, provide direct answers to your questions, and give you the information you need to make informed decisions—whether that means retaining us, considering other options, or taking time before proceeding.
We don’t pressure. We don’t oversell. We believe that clients who understand their situation and choose to work with us become the best partners in building strong cases.
Questions Michigan Residents Ask About Divorce
Costs vary significantly based on complexity. Uncontested divorces without children typically run $4,000–$6,000 in attorney fees plus court costs. Flat-fee uncontested divorces generally fall in the $5,000–$7,000 range. Contested divorces with custody disputes or substantial assets can range from $15,000–$30,000 or more. At Boroja, Bernier & Associates, we provide realistic estimates during initial consultation based on your specific circumstances—no vague “it depends” answers.
Michigan mandates minimum waiting periods: 60 days without children, 180 days with children (reducible to 60 days in exceptional circumstances under MCL 552.9f). Uncontested divorces often finalize shortly after the waiting period ends. Contested matters typically take six months to two years depending on complexity and court calendars.
Yes. Michigan doesn’t require mutual consent. If one spouse wants a divorce, the divorce will happen. Your spouse’s disagreement affects how the divorce proceeds (contested vs. uncontested) but cannot prevent it from occurring.
Uncontested means you agree on all significant issues: property, debts, support, custody. Contested means you disagree on one or more issues that the court must decide. Uncontested divorces are faster, less expensive, and less stressful. Contested divorces involve discovery, motions, possible mediation, and potentially trial.
Michigan follows equitable distribution—fair division based on factors including marriage length, each spouse’s contributions, earning capacity, and future needs. Equitable doesn’t mean equal. Courts have significant discretion, which is why effective presentation of your case matters.
Uncontested divorces often finalize without either party appearing in court, depending on local court procedures. Contested divorces typically require at least one hearing, and trials require court appearances. Your attorney handles most procedural matters on your behalf.
Technically, no. Practically, yes—unless your divorce involves no assets, no debts, no children, and neither spouse has any claims worth protecting. Errors in divorce documents create problems years later. Settlement terms have long-term financial implications that deserve careful review. The modest cost of proper legal guidance prevents the substantial cost of fixing mistakes.
Retirement accounts accumulated during marriage are marital property subject to equitable distribution. Dividing them properly requires a Qualified Domestic Relations Order (QDRO) for employer-sponsored plans. Errors in QDROs create financial consequences that surface years later—this is an area where precision matters and experienced counsel pays for itself.
Yes, but modification requires demonstrating a material change in circumstances. Courts don’t revisit settled issues casually. Changes in income, relocation, changes in the child’s needs, or significant shifts in parenting dynamics may qualify. Having counsel who understands what constitutes “changed circumstances” in Macomb, Oakland, and Wayne County courts matters.
Boroja, Bernier & Associates represents divorce clients throughout Macomb County (Shelby Township, Sterling Heights, Clinton Township, Warren), Oakland County (Troy, Rochester Hills, Royal Oak, Southfield), Wayne County (Detroit, Livonia, Dearborn), Southeast Michigan, Central Michigan (Ingham County, Eaton County), and Mid-Michigan (Genesee County, Lapeer County). Our headquarters is in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing. Virtual consultations available.
Your Next Chapter Deserves Better Than “Good Enough” Representation
Divorce marks the end of something—but it’s also the legal foundation for what comes next. How your divorce resolves affects your financial future, your relationship with your children, and your ability to move forward without lingering legal complications.
You deserve an attorney who explains the process clearly, prepares thoroughly, and treats you as a partner rather than a passive participant in your own case. You deserve someone who answers your questions directly, provides realistic cost estimates, and doesn’t keep you in the dark about matters that will shape your future.
Schedule a consultation with Joel Bernier at Boroja, Bernier & Associates. Let’s discuss your situation, answer your questions, and explore how we can help you navigate this transition with the clarity and preparation it deserves.
Because you deserve better.
Explore All Family Law Services
Office Hours: Monday – Thursday: 9:00 AM – 5:00 PM | Friday: 9:00 AM – 3:00 PM | Saturday & Sunday: By Appointment
Boroja, Bernier & Associates serves divorce clients throughout Macomb County, Oakland County, Wayne County, Southeast Michigan, Central Michigan, and Mid-Michigan. Headquarters in Shelby Township (49139 Schoenherr Rd., Shelby Township, MI 48315) with additional offices in Troy, Ann Arbor, and Lansing. Virtual consultations available.



