When we meet with clients who are considering divorce, one of the first conversations we have is about how they want to approach the process. In Michigan, there are two primary ways to resolve a divorce: through mediation or through litigation in court. Each method has its benefits and drawbacks, and the right choice depends on the unique facts of your situation, your relationship with your spouse, and your goals for the outcome. The divorce is emotionally and financially difficult. However, understanding your legal options can make the process more manageable.
Mediation is a more cooperative and private process, while litigation is typically more structured and formal. Both options are legally valid in Michigan, and both can result in a binding divorce judgment. Our role as divorce attorneys is to guide you through whichever route is best for your case. Whether your case is resolved through a negotiated settlement or presented before a judge, your legal rights and obligations under Michigan law remain central to the outcome. We work with clients throughout Oakland County and Macomb County from our offices in Troy and Shelby Township, helping them make informed decisions during one of the most challenging times in their lives.
Understanding Divorce Mediation In Michigan
Mediation is a voluntary process in which both spouses meet with a neutral third-party mediator to resolve the issues in their divorce. These issues can include child custody, parenting time, property division, spousal support, and any other matters that need to be settled. Under Michigan Court Rules (MCR 3.216), family court judges often encourage or order mediation before trial, especially when there is a chance the parties can reach an agreement.
Mediation gives both sides more control over the outcome. Rather than having a judge make decisions for your family, you work together—guided by the mediator—to create solutions that fit your specific situation. Mediation is confidential and less adversarial, which can help preserve a working relationship between parents, particularly when children are involved.
As attorneys, we often attend mediation sessions with our clients or advise them beforehand to ensure their rights are protected. If a full agreement is reached, the terms are drafted into a consent judgment and presented to the court for approval.
How Divorce Litigation Works In Michigan
Litigation means resolving your divorce through the court system. This process begins when one party files a complaint for divorce under MCL 552.6, citing that there has been a breakdown in the marital relationship. The case proceeds through formal procedures such as discovery, motion hearings, and trial if a settlement is not reached.
Litigation may be necessary when there are significant disputes over custody, finances, or property that cannot be resolved through negotiation. In these cases, the judge will make final decisions based on Michigan law and the evidence presented. Under MCL 552.19, courts have broad authority to divide marital property and award spousal support based on need, ability to pay, and other statutory factors.
Litigation can offer legal protections when there is a power imbalance, lack of cooperation, or concerns about domestic abuse. However, it can also take longer, cost more, and be more stressful than mediation.
Comparing The Pros And Cons
Mediation tends to be faster and less expensive than litigation. It allows for creative problem-solving and often reduces the emotional toll of divorce. It also gives both parties a say in the outcome, which can lead to greater satisfaction with the final agreement.
Litigation, on the other hand, provides a legal structure for resolving high-conflict cases. When parties cannot reach an agreement or when legal enforcement is needed, court involvement may be the only viable path forward. Each case is different, and we help our clients weigh the pros and cons before deciding how to proceed.
Michigan Divorce Mediation Frequently Asked Questions
Is Mediation Required Before Divorce In Michigan?
Mediation is not always required, but Michigan courts often encourage it, particularly when children are involved or when there is a chance to resolve the issues without trial. Under Michigan Court Rule 3.216, judges can order parties to attend mediation before proceeding to trial. If both parties are willing to participate in good faith, mediation can be highly effective.
What Happens If Mediation Fails?
If you’re unable to reach an agreement during mediation, the divorce continues through litigation. The unresolved issues are then addressed by the judge in court. Sometimes, mediation resolves most issues, narrowing the focus of the trial to just a few remaining disputes.
Can I Still Have An Attorney If I Choose Mediation?
Yes. In fact, we strongly recommend that you consult with your attorney before and during mediation. Your lawyer can help you understand your rights, prepare you for the process, and review any agreements before they are finalized. Mediation works best when both parties are fully informed.
Is Mediation Cheaper Than Litigation?
Generally, yes. Mediation tends to be less expensive because it avoids lengthy court proceedings and reduces attorney fees. However, if mediation is unsuccessful and the case proceeds to trial, the total costs can increase. We help clients evaluate their options to choose the most cost-effective approach.
Can Mediation Be Used If There’s A History Of Domestic Violence?
Mediation may not be appropriate in cases involving domestic violence or significant power imbalances. The court can waive mediation if it would put either party at risk. If safety is a concern, we will advise you of your rights and help you seek court protections under Michigan’s domestic relations laws.
Who Makes The Final Decision In Mediation?
You and your spouse do. The mediator does not impose a decision but facilitates discussion to help you reach an agreement. Any settlement must be voluntary and signed by both parties. Once a consent judgment is filed with the court, it becomes legally binding.
What Issues Can Be Resolved In Mediation?
Almost all issues in a divorce can be resolved through mediation, including custody, child support, alimony, and property division. The key is whether both parties are willing to compromise and find common ground. We work closely with clients to prioritize their goals and reach fair outcomes.
Get Legal Guidance You Can Trust With Boroja, Bernier & Associates
Whether you’re considering mediation or facing a contested divorce in court, we’re here to protect your interests and guide you through the process. At Boroja, Bernier & Associates, we provide strategic, compassionate representation for clients throughout Oakland County and Macomb County.
Our offices in Troy and Shelby Township are ready to serve families across Oakland County and Macomb County. Contact our Shelby Township divorce attorneys by calling 586-991-7611 to schedule a consultation. Let’s help you move forward with clarity and confidence, no matter which path you choose.
